Dariye Set to Sue Conduct Bureau, Tribunal
FRA Williams to lead legal team
By Abimbola Akosile
Embattled Plateau State Governor, Chief Joshua Dariye, is set to sue the Code of Conduct Bureau, Code of Conduct Tribunal, and Attorney General of the Federation, before a Federal High Court, Abuja over an order earlier issued by Justice Bashir Sambo, Chairman, Code of Conduct Tribunal summoning him to answer questions bothering on assets declaration charges.
Justice Sambo, on Wednesday, September 8, had threatened to order Dariye's arrest for failing to appear before his tribunal to answer to criminal charges bordering on breach of assets declaration law. He had said his tribunal would have no option but to order the suspended governor's arrest should he refuse to honour his court's summons, and had issued the threat when he observed that Dariye was absent at the tribunal despite earlier invitation to him.
Sources confirmed that the Chambers of Chief FRA Williams, SAN, had been contacted by Chief Robert Clark, Dariye's lawyer to file the necessary papers compelling the defendants to appear before a Federal High Court, Abuja for determination of a vital question. The suit is expected to be filed today.
That is, whether, having regard to Sections 180 and 185 of 1999 Constitution of Nigeria, which relates to the period the governor of a State is to perform or is required to perform the functions of his office, a state governor duly elected and sworn in view of Section 308 of the Constitution, amenable to civil or criminal process before any court or tribunal, or to the process of any court or tribunal ordering his arrest or imprisonment, or compelling his appearance.
Though Clark has not denied the proposed civil action by the tribunal, his response to the development has been a wait-and-see attitude as events unfold. Lawyers who are to represent Dariye include Williams, Professor Ben Nwabueze, SAN, and Clark.
It would be recalled that Justice Sambo had earlier ordered that the summons against Dariye be published in three national newspapers including THISDAY, Punch and New Nigerian. Although the case was adjourned till October 6, 2004, the charges against Dariye were not read since the suspended governor did not appear in court.
Although the charges were not read, THISDAY, however, gathered that they might not be unconnected with some foreign accounts Dariye allegedly maintained before his suspension. Dariye was reportedly arrested at Marriott Hotel in central London by London Metropolitan police, Scotland Yard. The arrest was not unconnected with the sum of �2 million allegedly traced to his London bank account.
The suspended governor who was held for about three hours reportedly confessed that he maintained the foreign bank account even before he became a governor. The fifth Schedule, part 1, Section 3 of the 1999 Constitution, which lists code of conduct of public officers precludes serving public officers from operating foreign bank accounts. The section refers to the President, Vice President, governors, members of the National and State legislatures, ministers, commissioners and such other public officers or persons as the National Assembly may by law so prescribe.
Also, a team of British detectives reportedly interrogated Dariye over money laundering after �80,000 was allegedly found in his London residence by the detectives. But Dariye claimed that only �10,000 was found on him. Aides of the suspended governor had insisted that Dariye "was merely invited to clarify allegations of money laundering leveled against him and was subsequently released within 15 minutes."
Dariye was suspended for six months as Plateau State governor following President Obasanjo's imposition of emergency rule in his state. The President imposed the emergency rule to arrest a prolonged crisis in Southern Plateau that led to the death of hundreds of people and threatened to spill over to other states.
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