Hon. Michael Dapianlong & Ors V.chief (Dr.) Joshua Chibi Dariye & Anor (2007)

LAWGLOBAL HUB Lead Judgment Report

S. N. ONNOGHEN, J.S.C

This is an appeal against the judgment of the Court of Appeal holden at Jos in Appeal No. CA/J/302/2006 delivered on the 8th day of March, 2007 nullifying the removal of the 1st respondent, Chief Joshua Chibi Dariye by the Plateau State House of Assembly on Monday the 13th day of November, 2006 and ordering the reinstatement of the 1st respondent to the office of Governor of Plateau State. Plateau State, like any other State in the Federal Republic of Nigeria, has a House of Assembly established under section 20 of the Constitution of the Federal Republic of Nigeria 1999 (hereinafter referred to/called the 1999 Constitution). The said House of Assembly constitutes of 24 members. It is an undisputed fact that between 25th and 26th July, fourteen (14) out of the twenty-four (24) members of the Plateau State House of Assembly (including the Speaker and Deputy Speaker thereof) cross carpeted from the Peoples Democratic Party (PDP), the platform on which they were elected to the House in 2003 to Advanced Congress of Democrats (ACD), a registered political party, as a result of which the said 14 members vacated their seats by operation of law leaving only 10 members of that House. On the 5th day of October 2006, the 1st respondent was allegedly served with notice of allegations of gross misconduct thereby initiating a process of impeachment by the remaining 10 members of that House. The notice of allegations of gross misconduct was signed by eight (8) out of the ten (10) existing members.

Throughout the processes and proceedings leading to and including the impeachment of the 1st respondent, the Plateau State House of Assembly had only ten members, eight (8) of who supported and voted in favour of the removal of the 1st respondent under section 188 of the 1999 Constitution. The following are the summary of allegations of gross misconduct against the 1st respondent:

“(a) Money laundering and economic crimes leading to the arrest and detention of the 1st respondent in the United Kingdom having been found with the sum of N390,000.00 in cash and lodgments in the banks.

(b) Operation of at least 8 U.K. bank accounts contrary to the provision of the 5th schedule, part 1, item 3 of the 1999 Constitution.

(c) Purchase of flat 28 Regeants Plaza Apartment, 8 Greville Road, London NW6, through State funds contrary to the provision of section 15 (5) of the 1999 Constitution.

(d) False declaration of assets contrary to the code of conduct for public officers in the 5th Schedule, part 1 item 11 of the 1999 Constitution.

(e) Jumping bail in the United Kingdom for which an international warrant of arrest was issued against the 1st respondent and was consequently declared wanted.

(f) Payment of Plateau State Government Ecological funds by the 1st respondent in the sum of N1,161,162,900.00 (One billion, one hundred and sixty-one million, one hundred and sixty-two thousand, nine hundred naira only) and N82,600,000.00 (Eighty-two million, six hundred thousand Naira only) respectively into his private account.

(g) Disbursement of the State Ecological Fund of N1,161,162.900.00 (one billion, one hundred and sixty-one million, one hundred and sixty-two thousand, nine hundred naira only) as though it was his personal money in the following manner:

(i) Pinnacle communications N250,000,000.00

(ii) Plateau State Government N550,000,000.00

(iii) Union Homes N80,000,000.00

(iv) PDP, South West N100,000,000.00