Tobi Soniyi, Abuja

The Supreme Court, which was constituted by seven justices, hid under a technical ground to dismiss a suit filed by Plateau State and members of its state House of Assembly in which they urged the court to declare that under the constitution, President Olusegun Obasanjo could not suspend a democratically elected executive governor of a state.

The court also failed to decide on the legality or otherwise of the imposition of the state of emergency on Plateau State because the Sole Administrator of Plateau State at the time the suit was filed, Maj-Gen. Chris Ali (rtd.), did not authorise the filing of the case.

The court consequently struck out the case because it was filed without authorization.

Justice Idris Kutigi, who delivered the lead judgment, said, it is a notorious fact that Maj-Gen. Chris Ali (retired) was appointed sole administrator of Plateau State during the state of emergency in that state from 18/5/2004 until 17/11/2004 when the emergency ceased.

It is also a notorious fact that during the state of emergency, both the Governor and the House of Assembly were suspended and therefore were not functional. It is also a notorious fact that throughout the period of state of emergency, only the sole administrator took decisions for and on behalf of the state.

It is therefore common sense to say that as at 24/6/2004, when the plaintiffs filed this suit, only the sole administrator could have authorized the filing of the suit on behalf of the Plateau State of Nigeria.・

He concluded that since Ali did not authorize the suit, the objection filed by the Federal Government succeeded.

The court, however, refused to dismiss the suit on the ground that no useful purpose would be served since Dariye had since returned to office.

Reacting to this ground of objection, Justice Kutigi said, a declaration of a state of emergency is a serious business anytime, anywhere.

Plateau State went to court to challenge the legality of the declaration of a state of emergency.

In the suit, which was argued by Prof. Ben Nwabueze (SAN), the state demanded for a compensation of N11.5 billion from the Federal Government as damages for the injuries suffered by the state Governor, Chief Joshua Dariye, and the state's lawmakers during the proclamation of a state of emergency on the state by President Obasanjo.

The state argued that Dariye and the state's lawmakers were entitled to compensation, having been unjustifiably suspended from office.

The Federal Government, however, opposed the claim for damages.

The Federal Government's counsel, Mr. Seeni Okunloye (SAN), argued that Dariye and the state's lawmakers did not supply any details to show that they suffered damages while the state of emergency lasted.

He urged the court to discountenance the claim on the ground that Dariye was not a party to the suit and that the apex court had no jurisdiction to award claims to someone who was not a party to an action.

The court agreed with the Federal Government that it lacked the power to award damages to people who were not parties to a suit.

Obasanjo had on May 18, 2004 slammed a state emergency on Plateau State.

While he was on suspension, Dariye caused an action to be instituted at the Supreme Court by the state, challenging the constitutionality or otherwise of the state of emergency imposed on the state.

The state asked for various declarations including the following:

A mandatory order compelling the Federal Government to pay to the Plateau State Government and the House of Assembly of the State the sum of N6 billion and N1 billion respectively for denying them the chance to perform their duties; a mandatory order compelling the Federal Government to pay to Chief Joshua Dariye, the Chief Executive of Plateau State and his deputy jointly the sum of N2 billion, to the commissioners of the government N5OO million and to the Speaker and each of the other members of the House of Assembly a total sum of Nl billion as compensation for loss of emoluments, including allowances, accommodation, transport and other privileges and perquisites, during the six months・period of their suspension.

Other prayers sought by the state were a mandatory order compelling the Federal Government to pay to Dariye the sum of N1 billion only as compensation for the damage caused him by false and malicious information credited to the former Attorney-General of the Federation and Minister of Justice, Chief Akinlolu Olujinmi (SAN), to the effect that Dariye no longer enjoyed immunity having being suspended from office; and that the court should declare that Dariye's suspension by Obasanjo was unconstitutional and amounted to a violation of the provisions of sections 176 and 90 of the Constitution.

It challenged the appointment of Chris Alli as the state's administrator and urged the court to hold that his appointment was unconstitutional.

The state attacked the Emergency Powers Act 1961, the law under which the President appointed Chris Alli as the state's administrator.

The state said, A Declaration that the Emergency Powers Act 1961, supposing it to be an existing law, within the meaning of section 315 of the said 199 Constitution, is unconstitutional, null and void and an abdication of the legislative powers vested in the National Assembly by section 4 of the Constitution.

A declaration that the Government of Plateau State headed by Chief Joshua Dariye as the constitutional and duly elected Governor and Chief Executive of Plateau State is entitled to be paid compensation by the Federal Government for the deprivation of its constitutional right to administer the affairs of the State during the six months, May 18 to November 17, 2004, by its unlawful suspension by the President of the Federal Republic of Nigeria.

A declaration that the House of Assembly, Plateau State, as the constitutional and duly elected legislative organ of the State, is entitled to be paid compensation by the Federal Government for the deprivation of its constitutional right to make laws for the State and to exercise other functions vested in it by the Constitution of the Federal Republic of Nigeria 1999 during the six months, May 18 to November 17,2004, of its unlawful suspension by the President of the Federal Republic of Nigeria.・

SATURDAY PUNCH, January 21, 2006