Socio-Economic Rights and Accountability Project (SERAP) has filed a
lawsuit asking 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.”
According
to SERAP’s lawsuit, Mr 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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