A former Governor of Plateau State, Senator Joshua Dariye,
continues to receive the N750, 000 salary and N13.5m monthly
running cost from the National Assembly, 11 months after his
conviction by a Federal Capital Territory High Court, SUNDAY PUNCH
report.
This implies that his total earnings have risen from N85.5m in
November last year to N171.1m in May.
The sum is separate from a severance package he is supposed to
receive as an outgoing member of the National Assembly.
The payment to the account of the convicted lawmaker has
continued despite a lawsuit filed by the Socio-Economic Rights and
Accountability Project before a 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.”
Investigations by SUNDAY PUNCH showed that Dariye, who
represents Plateau Central Senatorial District, still received the
allowances because his seat had yet to be declared vacant by the
leadership of the National Assembly.
The senator, who served as governor of Plateau from 1999 to
2007, was prosecuted by the Economic and Financial Crimes
Commission and convicted by Justice Adebukola Banjoko of a FCT High
Court for embezzling N1.162bn.
He was subsequently sentenced to 14 years in prison, but his
sentence was reduced to 10 years by the Court of Appeal which
upheld his conviction last month.
The Director of Information at the National Assembly, Mr Agada
Rawlings, in an interview with our correspondent, explained that
constitutionally, Dariye could not be denied the payments.
Rawlings said, “The point there is that his seat has not been
declared vacant. You’re looking at the moral side of it but we are
looking at the constitutional side. There are two issues that are
at stake. Dariye, as of today, is still a senator of the Federal
Republic of Nigeria. He has not been recalled.
“Secondly, INEC has not declared his seat vacant. As the
management of the National Assembly, we do not have such powers to
do anything otherwise until the law speaks otherwise.
“So, it’s not for us as the management to decide who stays and
who does not stay. The law on that is clear. The only
constitutional provision to declare a seat vacant is on the basis
of recall or death of a member.”
He noted that some courts had given judgment, saying, even upon
suspension by the rules of the house, if certain procedures were
not met, such actions were deemed to be void.
“But in this particular instance, there is a moral burden, but
if there is no law that states that he has been barred as a result
of the judgement and the court in this judgement did not say his
position at the Senate of the Federal Republic (had) lapsed,”
Rawlings added.
Subscribe ToNairalaw News!
Read more dariyes-pay-rises-to-n171m-in-prison/