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Daily Headlines : Gov Dariye on trial  *For false declaration of assets *For operating foreign accounts

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Gov Dariye on trial  *For false declaration of assets *For operating foreign accounts

By Ise-Oluwa Ige
Thursday, September 09, 2004

ABUJA — THE Federal Government has slammed a two-count charge of false declaration of assets and operating a foreign bank account against the suspended governor of Plateau State, Chief Joshua Dariye, at the Code of Conduct Bureau.

Chief Dariye who only last week, was interrogated in London by the Metropolitan Police for being in possession of about £80,000 and having about £1.2 million in his London account, was accused of making false declaration about his assets while holding office as Plateau State governor.
This, according to the Code of Conduct Tribunal, is contrary to Section II(I) of the Code of Conduct for Public Officers Act which stipulates that:
“Every public officer shall within three months after taking office and thereafter

(a) at the end of every four years and  (b) at the end of his term of office submit to the Code of Conduct Bureau a written declaration of all his properties, assets and liabilities and those of his spouse or unmarried children under the age of 21

(2) any statement in such declaration that is found to be false by any authority or persons authorised in that behalf to verify it shall be deemed to be a breach of this code
His action was said to be punishable under section 7 of the Code of Conduct Bureau and Tribunal Act Cap 56, Laws of the Federation of Nigeria.

He was also accused of operating a foreign bank account contrary to Section 5(3) of the same act which provides that:

“The president, vice president, governors, deputy governors, ministers of the governments of states, members of the National Assembly and the Houses of Assembly of the states and such other public officers or persons as the National Assembly may by law prescribe shall not maintain or operate a bank account in any country outside Nigeria.”

According to the prosecuting counsel in the matter, Mr O. T. Olatigbe, from the Office of the  Attorney-General of the Federation, the suspended governor was hiding under the cover that he was yet to be served, personally, the summons issued against him by the tribunal. Olatigbe told the tribunal that Chief Dariye was deliberately evading service, knowing his offence and the implication of accepting summons.

Mr Olatigbe said he was personally at the residence of the suspended governor in Jos three times between August 10 and early this month but could not see him. He said although he was able to see Chief Dariye’s personal assistant at the Dariyes’ residence in Jos, the usual information he was given was that the suspended governor was not around. He even told the court that attempt to see his wife was also frustrated.

The tribunal, however, asked if he made extra effort to see him outside his Jos residence to which he replied in the affirmative. He said he was at the governor’s residence in Asokoro, Abuja and was told the same story, adding that he even trailed him to the airport last week to see if he could serve him but to no avail.

He said he informed the Military Administrator of Plateau State, Maj.-Gen Chris Alli, about the difficulty in getting Chief Dariye served but the administrator replied that there was nothing he could do to assist in getting the suspended governor served.

He, however, told the tribunal that he was not fooled that the suspended governor was not available because he was aware that he was at a police station in August to make statements to the police over a different matter. He consequently asked the tribunal to issue an order permitting the Federal Government to serve him all the processes in the case through substituted service to allow the case go on. He specifically suggested publishing the summons issued on him in three national newspapers, a request that was granted by the tribunal.

The tribunal Chairman, Justice Muhammed Sambo, said he would have arraigned Chief Dariye in absentia but for the fact that he was yet to be served the summons and for the nature of the criminal charges preferred against him. But he threatened that should the suspended governor fail to appear before the tribunal on October 6, he would not hesitate to issue a warrant of arrest on him.

Shortly after the tribunal rose, its Chairman, Justice Sambo, spoke with newsmen on the fate of the case should Dariye decide not to appear before the tribunal after the summons on him might have been published in the national newspapers. He said he would not hesitate to use police to force his attendance.

The summons on Chief Dariye was issued on July 22, this year and his arraignment was fixed for August 10, but he was  absent.

 

 

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