Joshua Dariye
A
lawsuit has been filed at the Federal High Court in Lagos to “stop
the Senate President Bukola Saraki from paying former Plateau State
governor, Senator Joshua Dariye N14.2 million monthly allowances
while he serves out a 10-year prison sentence for corruption because
such payment violates Nigerian law and international obligations.”
In
the suit by Socio-Economic Rights and Accountability Project, SERAP,
the group alleged that Dariye is still receiving the N750,000 salary
and N13.5 million monthly allowances from the Nigeran Senate six
months after his conviction. In June, an FCT high court convicted
Dariye for diverting N1.162 billion state ecological funds while he
was governor. He was sentenced to 14 years in prison, which was later
reduced to 10 years by a court of appeal in Abuja. Dariye is said to
have been paid N85.5 million as allowances since his conviction.
Joined
as Defendants in the suit are: Mr Dariye and the National Assembly
Service Commission.
In
the suit number FHC/L/CS/2146/18 filed last Friday, SERAP argued: “Mr
Saraki and the National Assembly Service Commission are trying to
override Nigerian law and the judgment of our court by continuing to
pay Mr Dariye’s allowances while he serves out a 10-year prison
term and unable to sit and perform the functions of a senator. This
action undermines the rule of law and is a great moral failure
because it sends a message that corruption pays—it’s the opposite
of Nigerian Constitutional principles and international obligations.”
The
organisation also argued: “Stopping the
Defendants would ensure that only sitting and serving senators are
worthy of drawing salaries and allowances from the public treasury.
It would also further the public interest and general public
confidence in the government it elects. The interest in public
confidence is greater than the convicted person’s interest in
continuing to receive allowances while serving his sentence for
corruption in Kuje prison.”
The
15-page lawsuit read in part: “Mr Saraki and the National Assembly
Service Commission should be immediately restrained from unlawfully
paying salaries and allowances to Mr Dariye who is serving jail term.
Restraining them would send a clear message to Nigerian elected
officials that corruption does not pay and contribute to promoting
accountability and fostering public trust and confidence in Nigeria’s
democracy, the rule of law and the governance system.”
“By
paying Mr Dariye’s allowances while in prison, Mr Saraki and the
National Assembly Service Commission have destroyed the efficacy and
purpose of Mr Dariye’s conviction and have brought the rule of law
and administration of justice into disrepute. SERAP and the public
are alarmed by the action of Mr Saraki and the National Assembly
Service Commission and they ought to be restrained by this Honourable
Court.”
“Mr
Saraki and the National Assembly Service Commission should not be
allowed to continue to make a mockery of the rule of law, our process
of administration of justice and our judicial system by behaving as
if the Nigerian Senate is not bound by the court judgment which
convicted and sentenced Dariye for corruption. Mr Saraki and the
Nigerian Senate should be compelled to respect and obey decisions of
the court.”
“By
continuing to pay Mr Dariye’s allowances after his conviction and
while in Kuje prison and unable to sit and perform the functions of a
sitting senator, Mr Saraki and the National Assembly Service
Commission have played a negative role to wit: undermining the
authority and integrity of the court. Mr Saraki and the National
Assembly Service Commission knew or ought to know that Mr Dariye has
been convicted and sentenced and now serving his jail term in Kuje
prison pursuant to a decision of a competent court.”
“Mr
Dariye, having been convicted, sentenced and currently serving jail
term in Kuje prison can no longer by virtue of his imprisonment
lawfully carry out or perform the duties of a senator. Mr Dariye
ordinarily ceases to be a senator, as per the provisions of section
66 of the 1999 Constitution of Nigeria (as amended).”
“Section
68(1) provides that a senator shall vacate his/her seat if any
circumstances arise that would cause him/her to be disqualified for
election as senator. This is exactly what happened to Mr Dariye, who
is, as a result of his imprisonment, no longer fit to be a senator
let alone be entitled to allowances of a sitting senator. Similarly,
a senator shall vacate his/her seat if without just cause, he/she is
absent from meetings of the Senate, for a period amounting in the
aggregate to more than one-third of the total number of days during
which the Senate meets in any one year”
“Mr
Dariye is no longer a senator having been convicted, sentenced and
currently serving prison terms and having been in prison since June
12, 2018, he is caught by the provision of section 68(1)(f) as it is
practically impossible for him to sit as senator.”
“Mr
Dariye, having been absent for a period amounting in the aggregate to
more than one-third of the total number of days during which the
Senate meets in 2018, is disqualified and therefore his seat has
automatically become vacant. Mr Dariye is no longer entitled to be
paid and/or to receive the allowances of a sitting and serving
senator.”
“Mr
Dariye’s conviction remains in effect until it is set aside.
Therefore, the argument that he has appealed his conviction will not
hold water. A judgment of a competent court of law subsists until set
aside on appeal. The Supreme Court of Nigeria has made this point
very clear in several cases.”
“So
long as the decision exists, it must be obeyed to the letter. A
judgment of court, no matter the fundamental vice that afflict it,
remains legally binding and valid until set aside by due process of
law. As the Supreme Court has said, the judiciary like all citizens
of this country cannot be a passive on-looker when any person
attempts to subvert the administration of justice and will not
hesitate to use the powers available to it to do justice in the cases
before it.’’
“Mr
Dariye cannot justly and reasonably earn the allowances of a sitting
and serving senator, having been convicted and sentenced and serving
a prison term. Under the common law principle of money
had and received, Mr
Dariye is under a legally binding duty to return all such salaries
and allowances to the public treasury, having not justly earned such.
Mr Dariye should be compelled to return the allowances he has
received so far since his conviction.”
“SERAP
is seeking an order restraining Mr Saraki and the National Assembly
Service Commission from paying Mr Dariye any further allowances while
serving his jail term in Kuje prisons, Abuja.”
“SERAP
is also seeking a declaration that the seat of Mr Dariye in the
Senate is automatically deemed vacant, having
being convicted and sentenced to a prison term and currently serving
jail term and having
been absent at the sessions of the Senate for a period amounting in
the aggregate to more than one-third of the total number of
days allowed, and
that he is therefore, not
entitled to any allowances reserved for a sitting
and serving
senator.”
“SERAP
is also seeking an order compelling Mr Dariye to return all salaries
and allowances
paid to him as a senator while
in prison, having
not performed the functions and office of a sitting and serving
senator and having not deservedly earned such.”
“Unless
the reliefs sought are granted, Mr Saraki and the National Assembly
Service Commission will continue to act in flagrant defiance of the
judgment of the court, the independence and authority of the court,
and the rule of law. It is in the interest of justice to grant this
application as the Defendants have nothing to lose if the application
is granted.”
No
date has been fixed for the hearing of the suit.
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