Finally, he submitted that the House of Assembly cannot determine the issue of Crimes and do not
have the Competence to clear the Defendant of any Crime.
There was no Reply on Points of Law on this issue concerning the House of Assembly.
Now, it is initially important to note Exhibits D6 and D7, tendered by the Defence, which are the
Compilation of Exhibits and the Report of the Special Committee of the Plateau State House of
Assembly dated June 2006. This Special Committee was set up by the Plateau State House of Assembly
to investigate allegations against the Defendant.
Exhibit D7, is the Main Report and from this Report, it is clear that the Committee was mandated to
investigate allegations of Conspiracy, Abuse of Office, Official Corruption, Diversion of Public Funds,
Stealing and Money Laundering perpetrated by Chief Joshua C. Dariye, the Executive Governor of
Plateau State and Others by the Economic and Financial Crimes Commission. Eight out of Nine
Members of the Special Committee signed this Report.
The Mandate of this Special Committee, as recognized by its Members in the Introductory Page, was
“TO INVESTIGATE ALLEGATIONS ONLY”.
In Paragraphs 6.3, 6.4 and 6.5 of Exhibit D7, The Report, the Special Committee, accepted the
Uncontroverted Evidence that Criminal Charges against the Defendant and Others, were pending
before Two Competent Courts on the same Sets of Facts.
They recognized Sections 6(1) and 6(6) of the 1999 Constitution, which conferred Jurisdiction on a
Court of Law, and stated that the Court’s Jurisdiction is not shared with the State House of Assembly.
They stated thus: “Once a Matter is shown to be before a Competent Court of Law, not only the PLHA, but indeed all
other Authorities and Bodies must refrain from any interference with the Judicial Powers. This is
in keeping with the Cardinal and accepted Constitutional Arrangement of Separation of Process
(sic) between the Three Arms of Government: The Executive, the Legislature and the Judiciary.
None should truncate the functions of the others. Each should work in corporation (sic) with the
others.”
In Paragraph 6.5of the Report, they stated: “Exhibits 6 and 7 are sufficient to oust the Competence of this Honourable House from proceeding
further with this investigation. EFCC, nay, all concerned are hereby advised not only to wait the
out-come of the Criminal Trials in Exhibits 6 and 7, but to abide by such out-come or appeal to the
appropriate Court.”
In Paragraph 6.7of the Report, the Committee inter alia, recognized that their Investigation was not
a Trial in a Judicial Sense but was only a Legislative Inquiry.
In Paragraph 7.0of the Report, it was stated that the Six Criminal Offences they were to investigate,
were punishable under Several Enactments. They added: “However, we are not here concerned with a Criminal Offence or any Trial at all. The task of the
Committee is to investigate the allegations of the Commission of these Offences by analyzing the
evidence, both oral and documentary and determine whether there is a prima facie case against
Chief Joshua Chibi Dariye. If there is such a case, the Special Committee will recommend that the
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