Chiawo Nwankwo, Abuja

According to him, since the governor enjoys immunity under the 1999 Constitution, the government is, therefore, hamstrung in helping the British Government to try Dariye for the money laundering case instituted against him in the UK.

Olujimi stated these in a letter dated November 10, 2004 to the Head of Protective Economic Crime, New Scotland Yard, London, Mr. David Norman.

A copy of the letter written ahead of November 18 when the state of emergency imposed on the state was lifted, was obtained on Thursday by our correspondent.

Dariye was suspended with all democratic structures in the state, following an orgy of sectarian and ethnic violence that claimed over a thousand lives and led to the destruction of property.

Olujimi's letter read in part, "Now, under the extant 1999 Constitution of the Federal Republic of Nigeria, governors enjoy immunity from arrest and prosecution during their term of office, which in the case of Joshua Dariye, will run till May 2007.

"The effect of this is that if Joshua Dariye chooses not to return to the UK to answer the charges you may have against him, the Government of Nigeria will from as 18th November 2004, be legally incapacitated from being able to help to bring him to justice in the UK."

The Attorney-General had on November 8, 2004 in a letter to the Metropolitan Police, affirmed that Dariye's immunity had been "waived without any reservations," and goaded them to go ahead to prosecute him, while he was still in London.

However, the Economic and Financial Crime Commission which tried to prosecute Dariye for money laundering did not succeed because in two instances, the court had pronounced that Dariye even when he was still under suspension enjoyed immunity.

Speaking on the content of the letter, a member of the House of Representatives from Plateau State, Rev. John Longhor, said that it had vindicated the governor.

He said that the Metropolitan Police had no evidence to prosecute Dariye, stressing that whatever information it had on Dariye was supplied by the EFCC.

In view of this, Longhor insisted that, "It was wrong for the Metropolitan Police to come to Nigeria to testify in court in a matter that does not concern them, just to satisfy the EFCC."

Longhor, a member of the ruling Peoples Democratic Party, therefore, advised the party to be careful in its attempt to probe Dariye, adding that Olujimi's testimony should be very instructive to it.

The party had set up a committee headed by Governor Donald Duke of Cross River to investigate the money-laundering allegation against Dariye.

"What has happened is political vendetta against the governor. I believe the new PDP National Chairman has the capacity to look into the case, because it would not be fair to violate his constitutional right of immunity as enshrined in the constitution.

The Punch, Friday, March 25, 2005