Following the Supreme Court�s reinstatement of Chief Joshua Chibi Dariye as Governor of Plateau State, the embattled governor declared yesterday that he will resume work on Monday. The Supreme Court judgement is an affirmation of the ruling of the Court of Appeal sitting in Jos early this year.
�The deputy governor reverts back to his position, and I am in charge now. I�m already here in town. In fact, I have already directed Botmang to prepare his handover note. I am resuming on Monday. In fact there is nothing like resuming, I am only reverting back to my position,� he told THISDAY on telephone yesterday. Appealing to the people to be calm and go about their businesses without fear, Dariye sounding confident said: �You know this is democracy, and this is my mandate. I am already in charge of the state.�
Already, the incumbent governor and former Deputy Governor Michael Botmang has pledged to revert to his former position. Botmang and five others had appealed the decision of the Court of Appeal that invalidated the impeachment of governor Dariye.
In a-61 page judgment delivered by Justice Walter Nkanu Onnoghen, the apex court said that apart from reinstating Dariye, his rights and privileges and perquisites of office should be restored.
The court reviewed the evidence of the case from the lower court and affirmed that the wordings of the constitution in relation to impeachment procedures are very clear and that in interpreting them, they require literal meanings. It held that the courts cannot amend the constitution nor change the words.
�The constitution is also the unifying force in the nation apportioning rights and imposing obligations on the people who are subject to its operation.
It is a very important composite document, the interpretation or construction of which is subject to reorganised cannons of interpretation designed or crafted to enhance and sustain the esteem in which constitutions are held the world over,� Justice Onnoghen said.
The court said that Section 188 of the constitution, which deals with the removal of a governor or his deputy from office, provides that the initiation of the impeachment requires the signatures of not less than one-third of the members of the House of Assembly on the notice of written allegation of gross misconduct against the governor or deputy intended to be impeached.
Justice Onnoghen said that the actual removal requires the support of not less than two-thirds majority of all the members of the house.
In Dariye�s case, said the court, it was eight out of 10 members in a house of 24 members that initiated and carried out the impeachment, although it acknowledged that there were 14 vacant seats created as a result of cross carpeting as at the time of the impeachment.
�It is my view that until that vacancy created by the carpet crossing members are filled by the process of by-election, the Plateau State House of Assembly can only transact such legislative duties that require the participation of less than two thirds majority of all the members of that House, which duties exclude impeachment proceedings.
�The judgment said that since the eight members that impeached the governor fell short of constitutional requirements, the Court of Appeal that nullified their action was right in coming to the conclusion that the said impeachment was not in conformity with the constitutional provisions and consequently invalid.�
The Court of Appeal, Jos in a judgment delivered March 8 this year nullified the removal of Governor Dariye on November 13 last year.
Dariye�s impeachment was effected after the eight members had manipulated constitutional provisions to set up a panel that investigated various allegations that were used as a basis to oust the Plateau Governor.
Part of the allegation was that he laundered huge sums of money in various banks in Britain, bought houses in London, declared false assets, mismanaged Ecological Funds and jumped bail in the United Kingdom, among others.
Having been indicted by the panel, the embattled governor was subsequently impeached. However, he challenged his impeachment in court till yesterday when the Supreme Court entered judgment in his favour.
And perhaps in recognition of its role as the highest court in the land and the judiciary as the bastion of democracy, the Supreme Court said: �This court has to do something about the situation for the restoration of hope and credibility in the system for the benefit of all. Is it not said that justice delayed is justice denied? The reign of technical justice is over. On the throne now sits substantial justice. Long may you reign, substantial justice!�
With the above words, the court condemned the delay caused by some lawyers and in the same vein dismissed the appeal of the incumbent governor.
�In conclusion, it is clear that the appeal lacks merit and is accordingly dismissed by me with N10,000 costs against the appellants. I wish I could award more, but, my hands are tied.
�The judgment of the Court of Appeal restoring and reinstating the 1st respondent, Joshua Chibi Dariye to his office as the governor of Plateau State of Nigeria with all rights, privileges and perquisites of the said office is hereby affirmed.�
Meanwhile, Botmang, speaking through his Commissioner for information, Sylvanus Namang, said he has agreed to respect the rule of law, and so would become an acting governor pending the arrival of Dariye to formally take his seat. He also advised members of the public to maintain peace as security agents are “working round the clock to ensure that the citizens are not molested.�
Apr302007