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Guardian         * Wednesday, May 26, 2004.

 

Dariye accepts fate, affirms loyalty to Obasanjo

* refutes alleged arrest in London
* Plateau indigenes sue govt
* President seeks Assembly's nod for eight emergency laws
From John-Abba Ogbodo and

Emmanuel Onwubiko, Abuja

IN his first public statement since the declaration of emergency rule in Plateau state where he was helsman, Chief Joshua Dariye yesterday declared his unflinching loyalty to President Olusegun Obasanjo. Dariye's declaration came on a day two Plateau State indigenes filed a suit challenging the emergency rule and the suspension of the governor.

Dariye in a statement said he had resigned to fate to disallow mischief makers from capitalising on the situation in Plateau State to frustrate ongoing peace efforts in the state.

Citing what he described as his full cooperation with the appointed sole administrator of Plateau State, Major-General Chris Alli (rtd), Dariye also dismissed allegation that he was arrested in London over a �1.3 million scandal.

Full text of the statement reads:

Following the declaration of a state of emergency in Plateau State on may 18 2004 by President Olusegun Obasanjo, I resigned my fate to god in order not to allow mischief makers capitalise on the situation to further frustrate the peace efforts or destabilise our hard-earned democracy.

For the records, I want to assure the general public that I remain loyal to President Olusegun Obasanjo, my dear people of Plateau state who gave me the mandate and to the Fedral Republic of Nigeria and will not in any way undermine or sabotage constituted authority.

This I had demonstrated by giving my full cooperation to the Administrator of Plateau State, Major-Gen. Chris Alli (rtd), since he assumed office.

I am compelled to make this statement to correct the damaging insinuations, cheap blackmail and character assassination being peddled by those who do not wish Plateau State and Nigeria well and have been propagating my alleged involvement in and subsequent arrest of over a 1.3 million pounds scandal in London.

I wish to make it categorically clear that no pint in time have I been accosted, arrested or detained by the security forces in London or anywhere. I am of humble beginning and my track record speaks for itself.

.Sometime in 1995, I was shot and injured by policemen at a check point and was hospitalised for about six months. Since then, I have been undergoing periodic medical check ups overseas and the last of such check ups unfortunately coincided with the reprisal attack in Yelwa as a result of which I had to cut short the check up to return home.

Instead of engaging in campaigns of calumny that will divert the attention of the Administrator from the important task of restoring peace to the state, I urge all well-meaning people to see how they can contribute their quota to these efforts.

Reconciliation begins from our minds and if we don't have peace in our hearts, no amount of peace-making efforts will solve the problem in Plateau State. We must therefore individually and collectively examine our hearts, forgive and reconcile with one another and agree to live in peace, no matter our religious and ethnic backgrounds.

Long live Plateau State,

Long live the Federal Republic of Nigeria

There may be no end yet to the controversy generated by the state of emergency declared in Plateau State, as two indigenes of the state - Elisha Mallo and Nyam Adang - yesterday filed a suit at the Federal High Court, Abuja challenging the action.

However, to ensure the smooth administration of the state, President Olusegun Obasanjo yesterday forwarded a bill seeking the approval of the National Assembly for eight regulations in the state.

A week ago, Obasanjo declared emergency rule in Plateau and suspended all democratic structures including the state Governor Joshua Dariye from office.

Cited as Respondents are President Obasanjo, the Federal Attorney General Chief Akinlolu Olujiwu, Senate President Adolphus Wabara, House of Representatives Speaker Aminu Bello Masari and Major General Chris Alli (rtd) the sole Administrator of Plateau State. All legislators at the National Assembly are also joined as respondents.

The two indigenes filed the suit before the administrative judge of the Federal High Court, Abuja division Justice Steve Jonah Adah through their solicitors led by Dr. Valierie Azinge.

The Federal High Court in the originating summons gave all the defendants eight days to enter appearance or judgment would be entered against them in their absence.

The four questions for determination by the court are:

  • whether in the light of the provisions of section 305 of the Constitution 1999, there was a break down or danger of actual break down of public order in Plateau State to warrant the declaration of a state of emergency therein by Obasanjo may 18, 2004 and ratified by the National Assembly by May 19, 2004;
  • whether in view of the provisions of the section 305 of the Constitution of 1999, the president and the National Assembly legislator have not violated the due processes for declaring a state of emergency in Plateau State;
  • whether the president and the legislators have powers within the provisions of section 1 (2), 11 (4) and (5) of 1999 Constitution to suspend the elected Governor, Deputy Governor and House of Assembly of Plateau State.

The plaintiffs also will seek from the Federal High Court, the determination of the fundamental question of whether the president and the legislators have powers within the 1999 Constitution to appoint a sole administrator of Plateau state or any state.

The plaintiffs in their 11 declaratory reliefs are asking the court to declare that Obasanjo and the National Assembly have no constitutional powers to remove an elected governor, deputy governor or members of the State House of Assembly from office.

They also urged the court to nullify the appointment of a Sole Administrator in Plateau State as the action is illegal and unconstitutional, among others.

No date has been fixed yet for hearing of the suit.

The president, while declaring the state of emergency last week, had said that regulations for the state would be made by the Federal Executive Council (FEC).

But in the letter to the National Assembly entitled: "State of emergency (Plateau State), proclamation: Emergency Powers Regulations," the president said: "Please refer to your kind approval of the state of emergency (Plateau State) proclamation 2004, sequel to the state of emergency, there is urgent need to make consequential regulations for the administration of the government of the state".

The letter further read: "The regulations are made under section 3 of the Emergency Powers Act 1961 (as modified) under section 5 of the said Act, every regulation so made requires approval by the resolution of each House of the National Assembly within two months of coming into operation of the Regulations".

The regulations forwarded for approval by the National Assembly within two months of coming into operation of the Regulations".

The regulations forwarded for approval by the National Assembly include:

  • emergency powers (general regulations 2004);
  • emergency powers (procession and meetings set);
  • emergency powers (reporting of the person) regulations 2004);
  • emergency powers (control of arms and explosives) regulations 2004;
  • emergency powers (detention of persons) regulation 2004;
  • emergency powers (restriction orders) 2004 and
  • emergency powers (protected places) regulations 2004.

Also yesterday, Obasanjo sent a letter of appreciation to the National Assembly commending the lawmakers for approving the emergency rule.

He said the near unanimous endorsement by the lawmakers of the motion in support of the proclamation has filled most Nigerians with new hope and inspiration.

"I want to use this opportunity to thank you and other distinguished honourable members of PDP and ANPP for this prompt and positive action than also to courtesy the appreciation of the Federal Government of Nigeria, our great party - People's Democratic Party (PDP) and all well-meaning Nigerians for this significant development," he said.

 






 

 

 


 

 

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