Posted by From Pam Ayuba, Jos on
Justice Stephen Adah of the Federal High Court, Jos, yesterday fixed December 2 for ruling in the application by the former Plateau State Governor Joshua Chibi Dariye seeking to be joined in a suit filed by the Plateau State government against the Federal Attorney-General.
Justice Stephen Adah of the Federal High Court, Jos, yesterday fixed December 2 for ruling in the application by the former Plateau State Governor Joshua Chibi Dariye seeking to be joined in a suit filed by the Plateau State government against the Federal Attorney-General.
The state government headed for court to obtain leave to sue the Attorney-General of the Federation, Michael Aondoakaa for allegedly tampering with Dariye's loot recovered from the British Government mid this year.
Dariye urged the court to join him as an interested party, saying the monies in contention belonged to him.
Former Justice Commissioner under Dariye, Barrister Yusufu Pam, who appeared for the state government, moved a counter-application.
He said Dariye's prayers were "inconsequential, incongruous, out of place and vexatious since the outcome of the case will not in any way affect him."
Pam said Dariye did not indicate his intention to join the suit either as an applicant or a defendant and the court cannot choose that for him.
He averred that the mandamus order was for a civil servant to perform his statutory duty of which Dariye was not.
Pam said Dariye must convince the court that the case would not be effectively concluded without his joinder.
He said: "Under the rules of joinder, a person who seeks to be joined in a matter will be the one who would be bound by the result of the action.
"What Dariye is trying to do is to re-litigate in a matter that had already been decided.
"The action was not for the declaration of ownership of the said monies, but simply for the AGF to write to the UK to explain details of the monies recovered from the cases against Dariye and his associates in the UK.
"Dariye's application is like a spectator who wants to join a football game, but yet wants to watch from the sideline."
Dariye's councel, Garba Pwul, told the court:"It is necessary that Dariye be joined because the said recovered monies belonged to him as all cases whether for judicial review or common law. The rule of mandamus required that every party, who showed interest must be heard."
According to Pwul, "his client would suffer severe injury if the case was decided without him being in the matter."
The Eederal Attorney-General who was in court yesterday said the Federal Government shall abide by any decision of the court. The AGF was represented by Mr. Emmanuel Akaa.