Nigerians woke to another illegal removal of a state governor by a minority group of state assemblymen in Plateau State. Embattled Governor Joshua Dariye was removed by a six-member faction of the state legislature sitting in the middle of the night, as in Anambra State.
Dariye was kicked out of office as his deputy, Mr. Michael Botmang, was swiftly sworn in as governor of the state by Justice Lazarus Dakyen, the same judge that Dariye removed as acting chief judge of the state last week.
The minority six- member faction of the House led by Mike Dapianlong which accused the governor of gross misconduct sneaked into Jos at 6a.m. today to meet, receive and consider the report of the seven -man panel set up to probe the governor. This was despite an order by another acting chief judge of the state dissolving the panel and two court orders restraining the panel from going ahead with the task assigned it by Justice Dakyen. The lawmakers hurriedly considered the report and hurriedly impeached the governor. Signs that matters would head to this climax came at the weekend when many policemen were deployed to keep the peace in the state. The House of Assembly and the Rayfield Government House witnessed additional security men being posted for sentry work. Then policemen attached to the new acting chief judge were peremptorily removed this morning.
By press time, the impeached governor, Joshua Dariye, was said to be under house arrest. There were unconfirmed reports that he would be arrested by agents of the Economic and Financial Crimes Commission, that pushed for his impeachment. Sources said the EFCC may charge him with fraud and money laundering. The impeachment on the Plateau was replete with legal fireworks and drama and observers said the legality of today’s action, may also be resolved by the courts. After a second court order, stopping the panel from working, the chairman, Mr. John Mark Samci, vowed that no court could stop the panel. And he made good his promise by submitting the report which nailed Dariye. Samci said the constitution had ousted the jurisdiction of courts in impeachment matters.
Samci on this ground also ignored the dissolution of its panel by the lame-duck acting chief judge of the State, Mr. Justice Yau Ibrahim Dakwang, but observed briefly an injunction issued last Wednesday by a Langtang High Court restraining the panel from further sitting. However, the panel ignored a second court order and continued with its sitting. During the panel’s sitting on Friday, two policemen from the London Metropolitan Police attended. One of the detectives, Peter Clark, said it was not true, as the EFCC alleged in its report to the Plateau House of Assembly, that Dariye jumped bail in 2004. Detective Clark said the governor was granted unconditional bail by a London chancery Court.
Tapes were also played during the sitting. The tapes were Dariye’s recorded encounter with the London Metropolitan Police in 2004. But by Saturday, Peter Clark, the star witness failed to show up to face cross-examination by Pius Akubor, SAN and lawyer to Dariye. According to Akubor, Clark’s absence was a deliberate ploy by the EFCC to avoid the collapse of it case, under the weight of cross-examination. The impeached governor and 14 members of the House supporting him, led by the Speaker, Simon Lalong, had fought spiritedly against the impeachment by going to court. The Sacked Chief Judge of the State, Justice Lazarus Dakyen inaugurated the seven-man panel 25 October. But days after, even after its first chairman declined the offer, Justice Yau Dakwang ruled that the panel was unconstitutional. He therefore declared all its actions to date, null and void.
The judge also observed that one of the signatures on the impeachment notice filed by a minority group of the House of Assembly was forged. The signature belongs to Mr. Nandang Bako, a member of the House, who had been on admission in the hospital for along time. Members of the impeachment panel were sworn in 27 October, by the acting Chief judge of the state, Justice Lazarus Dakyen, amidst controversy that the judge acted illegal by acceding to the request by fraction of the house. President of the Nigeria Bar Association, Olisa Agbakoba who witnessed the swearing in, described the action as illegal and asked lawyers in the state to boycott the panel.
Six members of the 24 in the House had initiated the impeachment proceedings against the governor. Fourteen other members including the speaker were then detained by the Economic and Financial Crimes Commission. When they came out, the Speaker Simon Lalong informed the acting chief judge of the state not to take orders from Mr. Michael Dapianlong, the speaker protempore. Lalong said Dapianlong’s position is not known in the Nigerian Constitution. The efforts by the majority members to stop the impeachment panel, however, ran into several hitches, as the court did not grant their prayers to stop the panel from being constituted.
It was on the day the panel was sworn-in that the State High Court sitting in Jos failed to grant an interim injunction sought by the state government and the Hon. Simon Lalong-led 18 legislators loyal to the governor, restraining the Chief Judge from inaugurating the seven-man panel. Since the impeachment of the former Bayelsa governor, Diepreye Alamieyeseigha, the impeachment gale had hit Oyo, Ekiti and Anambra states. Recently, the Court of Appeal, sitting in Ibadan, upturned the impeachment of the Oyo governor, Joshua Dariye, on grounds that the process was unconstitutional.
Source: The News
http://www.thenewsng.com/modules/news/article.php?storyid=1834
