Can The Senatorial Seat Being Occupied By Sen. Joshua Dariye Who Has Been Convicted Be Declared Vacant?

By Boluwatife Sanya Esq

Last Tuesday, a High Court sitting in the Federal Capital Territory convicted and sentenced a serving legislator in the National Assembly, Senator Joshua Dariye (Former Governor of Plateau State) now representing the good people of Plateau Central.

For proper line of reasoning, I have formulated three issues which I hope will help in knowing what the position of the law is and what is applicable.

First issue, can the Senatorial seat being occupied by Sen. Joshua Dariye who has been convicted be declared vacant? Section 68(1) (b) of the Constitution of the Federal Republic of Nigeria 1999 bothers on the “tenure of seat of member”. It states; “68 (1) A member of the Senate or House of Representatives shall vacate his seat in the House of which he is a member if- (a) he becomes a member of another legislative house; (b) any other circumstance arise that, if he were not a member of the Senate or House of Representatives, would cause him to be disqualified for election as a member…”

Applying subsection B as seen above, assuming Senator Dariye is not a member of the National Assembly and has been convicted and sentenced, he surely will be disqualified from contesting in accordance with section 66 of the Constitution of the Federal Republic of Nigeria.

He is a member of the National Assembly at the moment, conviction is a ground for disqualification from election hence, his seat can be declared vacant in accordance with section 68 (1) (b).

I presume Senator Dariye has filed an appeal. This brings the second issue; Will INEC have to wait till the final determination of the appeal before the Plateau central senatorial seat can be declared vacant and another election conducted?

I am afraid the Independent National Electoral Commission will have to wait pending the determination of all appeals before any step can be taken. This is so because in the instance that the appellate courts allow the appeal and sets aside the decision of the lower court, there will be no ground for INEC to declare the seat vacant and anything they have done would be in futility.

What then is the fate of the good people of Plateau central? Who will represent their interest at the Senate pending the determination of this case? This is my concern because Sen. Dariye is currently in Prison pending the determination of an application for bail at the Court of Appeal. Appellate courts are reluctant to grant applications for bail to convicts except in special circumstances. What is special in this circumstance? That is for My Lords to determine.

My opinion is to embark on a RECALL proceeding in accordance with section 69 of the Constitution.

Summarily, Section 68 (1)(b) allows the senatorial seat be declared vacant but in my opinion, this provision cannot be invoked until the final determination of the Appeal.

Written by:Boluwatife Sanya Esq., 08147439799