Dariye Seeks Speedy Hearing Against Conduct Tribunal
Wants court to set aside tribunal summons
By Abimbola Akosile
Suspended Plateau State Governor, Chief Joshua Dariye has urged the Federal High Court, Abuja, to grant him accelerated hearing in his suit against the Code of Conduct Bureau (CCB), Code of Conduct Tribunal (CCT), and Attorney General (AG) of the Federation.
In the matter, Dariye, represented by Chief F.R.A. Williams (SAN), and two others, had filed his suit on Monday September 20 and hearing has been slated for October 5 before Justice Stephen Adah of the Federal High Court, Abuja. According to Chief Robert Clark, one of Dariye's counsel, hearing notices had been issued to all parties involved in the suit.
The hearing date is fixed for just a day before the October 6 date chosen by Code of Conduct Tribunal, in an earlier order issued by Justice Bashir Sambo, CCT Chairman, on September 8 for Dariye to appear before it, to answer questions bothering on assets declaration charges.
Justice Sambo had threatened to issue a bench warrant for Dariye's arrest if he fails to appear before his tribunal to answer to criminal charges bordering on breach of assets declaration law. He said his tribunal would have to resort to that option when he observed that Dariye was absent at the tribunal despite earlier invitation to him.
Dariye's motion on notice, filed by Williams, and brought pursuant to Order 54 Rules 1 and 2 of the Federal High Court (Civil Procedure) Rules 2000, court order for accelerated hearing against the three respondents in the determination of a question.
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 pursuant to the constitution is, in view of Section 308 of the Constitution, amenable to civil or criminal process before any court or Tribunal, including the Code of Conduct Tribunal established in the schedule to the Constitution, or to the process of any court or tribunal ordering his arrest or imprisonment, or compelling his appearance.
In an originating summons with file No. ABJ/CS/507/2004, Dariye had claimed six reliefs, based on three grounds. The reliefs included a declaration that the plaintiff, as the duly elected and sworn Governor Plateau State, is during his tenure, entitled, by virtue of Section 308, to immunity from civil or criminal proceedings before any court or tribunal (including the CCT), and from the process of any court or tribunal ordering his arrest or imprisonment or compelling his appearance.
He also sought a declaration that the Tribunal has no power to issue any summons against him, and that any such summons so issued was illegal, unconstitutional, null and void and of no effect; a court order setting aside a summons issued against him by the Tribunal.
The governor also sought a court order restraining the defendants, their agents or privies, from arresting or detaining him in furtherance of the said summons; and an order of perpetual injunction restraining the defendants from instituting or continuing any civil or criminal proceedings against him in any court or tribunal during his tenure as Governor of Plateau State.
The plaintiff claimed a governor duly elected and sworn under the Constitution is immune from civil or criminal proceedings during his tenure, as specified in Sections 180 and 185; that by virtue of provisions of Section 308(1)(b)(c) of 1999 Constitution, no process of any court or tribunal for the arrest or imprisonment of a governor or compelling his appearance can be lawfully issued, notwithstanding anything to the contrary in the Fifth Schedule establishing the Code of Conduct Tribunal.
In an 11-paragraph affidavit-in-support of motion deposed by one Reverend Jonah Dakwat, Dariye's cousin, the deponent claimed the governor's immunity and liberty is being threatened by acts of the respondents; that the matter raises a serious constitutional issue which ought to be disposed of with dispatch. Dakwat also claimed it was in the interest of justice to hear and determine the issue raised in the originating summons timeously.
Justice Sambo had earlier ordered that the summons against Dariye be published in three national newspapers THISDAY, Punch and New Nigerian newspapers. Although the case was adjourned till October 6, the charges against Dariye were not read since the suspended governor did not appear in court.
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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