Posted by By GODWIN TSA ABUJA on
Attempts by six members of the Plateau State House of Assembly to join in the appeal filed by their colleagues against the judgment of the Court of Appeal, which declared the impeachment of Governor Joshua Dariye as illegal, failed at the Supreme Court on Monday.
•As Supreme Courts turns down lawmakers' prayer
Attempts by six members of the Plateau State House of Assembly to join in the appeal filed by their colleagues against the judgment of the Court of Appeal, which declared the impeachment of Governor Joshua Dariye as illegal, failed at the Supreme Court on Monday.
This is coming at a time Governor Dariye, who made a surprise broadcast in Jos last week, said he cannot be arrested by the Economic and Financial Crimes Commission (EFCC).
When the matter came up before the apex court on Monday, Solomon Umoh, counsel to the Plateau State House of Assembly brought an application seeking leave to be joined in the case. He told the court that the appellate court did not consider the House before it delivered its judgment in the case.
Justice Katsina Alu, who led six other justices in the case, refused the application on the grounds that the lawmakers were sufficiently represented in the suit.
The court has directed parties in the suit to file their briefs and serve the necessary parties before the next adjourned date, April 12, 2007, for adoption of briefs.
Six members of the Plateau State House of Assembly, Michael Dapialong, Nazifi Mohammed, Rahila Baleri, Nanchang Napchant, Emmanuel Danboyi Jugul and Dina Lar had approached the Supreme Court to upturn the decision of the Court of Appeal, Jos Division.
In the Notice of Appeal filed on their behalf by Chief Gani Fawehinmi (SAN), the lawmakers are challenging the entire judgment of the appellate court.
In the appeal, which is anchored on five grounds, the lawmakers are also asking for an order of the apex court remitting their notice of preliminary objections to the trial court for adjudication or in the alternative, an order dismissing Dariye's originating summons.
In the contention of the appellants that the Court of Appeal erred in law in holding that the required two-third majority of the House for the purpose of impeaching Dariye as the governor of the state at the time they did meant at least 16 members of the House out of 24 members.
They argued that at the time the impeachment process of Dariye commenced in October 2006, there were 10 constitutionally elected members of the house, "since 14 members of the same House had ceased automatically to be members of the House.
Meanwhile, Dariye who spoke at the court, on Monday, through his Chief of Staff, Alexander Morus, said that the EFCC has no right to arrest him since he is already before a court challenging his impeachment.
Morus said: "The EFCC cannot arrest Chief Dariye. The case against his impeachment is already in court. The EFCC is not above the law. We thank God for the judiciary. It is the last hope of the oppressed."