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B N W: Biafra Nigeria World News |
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Govt objects to Dariye's suit against summons
THE Federal Government has filed an objection to the attempt by suspended Plateau State governor, Joshua Chibi Dariye, to void his summon by the Code of Conduct Tribunal at a Federal High court in Abuja.
The government, as defendant in Dariye's suit, last Thursday filed a notice of preliminary objection at the Federal High Court.
Oluwole Aina, the defendants' counsel, objected to the court hearing the suit. He also prayed that the suit be struck out.
The defendants, Code of Conduct Bureau, Code of Conduct Tribunal and the Attorney-General of the Federation, hinged their prayers on the grounds that the court lacked the jurisdiction to entertain the action.
They also posited that "the action is incompetent, and an abuse of court process," and claimed that the action disclosed no reasonable cause of action against any of them (the defendants).
Dariye had filed an application in the court that his immunity and liberty, among others, as guaranteed by the 1999 Constitution were threatened by the acts of the respondents.
According to an affidavit in support of the suit by Rev. Jonah Dakwat, a "blood cousin" of the governor, the Code of Conduct Tribunal had threatened to order the arrest and detention of the plaintiff.
This, according to Dakwat, had been as a result of the tribunal bailiff's inability to serve a summons issued against Dariye on him.
Dariye is billed to begin his legal battle against the tribunal tomorrow before Justice Stephen Jonah Adah of the Federal High Court.
The chairman of the tribunal, Justice Muhammad Bashir Sambo, had on September 8 said he would not hesitate to order the arrest of Dariye if he failed to appear before him on October 6 to answer a two-count charge bordering on breach of law on assets declaration.
Sambo added that using police to make him attend his trial would be the last.
But the former National Chairman of the Peoples Democratic Party (PDP), Chief Solomon Lar, has criticised the bureau for threatening to arrest Dariye.
Addressing journalists in Jos, the Plateau State capital recently, Lar said Dariye was only on suspension and still enjoyed immunity from prosecution as enshrined in the constitution.
He explained that the suspended governor did not collect the bureau's summon as speculated, saying Dariye was abroad when it was served.
Dariye was accused of making false declaration about his assets while holding office as governor.
In the suit, Dariye claimed that as the duly elected and sworn-in governor of the state and by virtue of Section 308, he has immunity from civil or criminal proceedings before any court or tribunal.
Dariye is among dozens of top politicians and civil servants summoned by the tribunal to face similar charges.
The Justice Sambo tribunal sat in Kaduna between August 16 and 21 this year and convicted 93 of the 94 persons tried for flouting the code of conduct law on assets' declaration. All the convicts pleaded guilty to the charges brought against them and were summarily tried and punished. All the convicted political office holders among them opted to pay fines imposed on them in lieu of a harsher penalty banning them from holding any public office for 10 years.
Besides, the tribunal ordered the arrest of 77 top civil servants and political office holders summoned but who could not attend the trial. Some of the political office holders against whom bench warrants were issued were local council chairmen and councillors.
The Code of Conduct Bureau Chairman said they must be apprehended and be brought before him to face their trial. The 77 public office holders and civil servants are from Cross River, Akwa-Ibom, Yobe, Katsina, Kaduna states and the Federal Capital Territory (FCT).
They were all invited by the tribunal over allegation of breaching assets declaration law but snubbed it. Miffed by their conduct, the tribunal chairman moved against them and issued bench warrant on them.
Dariye was recently interrogated by the Metropolitan Police in Britain for allegedly being in possession of �80,000. He said only �10,000 was found on him.
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