The Code of Conduct Tribunal (CCT) yesterday dismissed the charge brought before it by the federal government against the former Lagos State governor, Asiwaju Bola Tinubu, for allegedly operating foreign accounts while in office.
Justice Danladi Umar, who led the three-man panel in his verdict against the preliminary objection by Tinubu, held that the charge was an abuse of court process judging by the manner the Code of Conduct Bureau (CCB) withdrew it and filed an amended charge which consequently robbed the tribunal of jurisdiction to try the ex-governor.
Justice Umar further threw out the amended charge for not disclosing any prima facie case against the accused, saying that the CCB failed to meet the condition precedent laid down in the Act establishing the CCT.
He added that the bureau was unable to show that it duly invited Tinubu to either deny or admit in writing the allegations against him, and that the CCB failed to attach any affidavit or exhibit to the charge to establish prima facie case.
Before arriving at his decision , Justice Umar had agreed that Tinubu needed not enter the dock to take his plea in line with the preliminary objection raised by his team of lawyers led by Chief Wole Olanipekun.
The tribunal chairman, who read the unanimous decision of the panel members, said: “I have painstakingly considered the argument of the counsel. The prosecution claimed it invited the applicant. The invitation extended to the applicant presupposes the importance of the invitation. The allegation by the accused/applicant’s counsel was made openly in this court. It is my opinion that it is a condition precedent to invite an accused to make a written admission or deny it.
“The accused ought to have been invited. This is missing in this case and the prosecution has no evidence that it did. The intention of the legislators in inserting the condition in Section 3 (d ) cannot be overemphasised. I hereby resolve the issue in favour of the accused.”
Pronouncing the entire proceeding as an abuse of court process, Justice Umar referred to the submission of Olanipekun where he claimed that there was a pending appeal against his client on the similar issues at the Court of Appeal, which was not pursued by the CCB.
He said, “I am of the opinion that the charge herein is an abuse of court process. When a court discovers that its process has been abused, the proper order to make is to dismiss same and it is hereby dismissed.”
But the court did not stop at that. Though it dismissed the charge, Justice Umar stressed that there was the need to make pronouncement on other issues raised before the tribunal to set the record straight.
Dismissing the argument by the applicant’s counsel that the proper place for the tribunal to sit is Lagos and not Abuja, Justice Umar said, “There is no geographical boundary for the tribunal. It is one tribunal with no division like the Federal High Court. Its jurisdiction is nationwide.”
On the allegation that Tinubu operated foreign accounts, the tribunal said there was no prima facie case established against him.
It observed that there were other names different from Tinubu that were on the foreign accounts allegedly operated by him.
Faulting the prosecution, Justice Umar said, “The amended charge against the applicant does not include operation of foreign accounts by proxy.”
He wondered why he should be compelled to answer cases on accounts which were not bearing his name with the prosecution failing to establish the link between the person(s) mentioned and Tinubu.
Justice Umar said the amended charge did not receive the blessing of the tribunal before it was brought, adding that it had no exhibit or affidavit in support.
He said, “It is the law that an amended charge constitutes a new matter altogether different from the one the tribunal initially summoned the accused/applicant to come and defend. The effect is that an amended charge has effectively wiped out the earlier order to come and defend the one-count charge which is now substituted by a three-count charge.
“The right of the accused person to fair hearing is inseparably tied to the proof of evidence required to prove the allegations against him. In this case, the summary evidence of Salisu Garba attached to the initial charge cannot resurrect the new charge having been buried under the rubble of the amendment sought by the complainant and duly granted by the honourable court.
“The amended charges claim that the applicant engaged himself in the operation of several foreign bank accounts.
The new charge does not say that the accused/applicant operated foreign accounts by trustees or by proxy.
“I hold that this tribunal has no jurisdiction to proceed to try the accused/applicant and the amended charge is hereby quashed. The accused/applicant is hereby discharged.”
The CCB had brought Tinubu brought before the CCT for allegedly violating the Code of Conduct law for public officers by failing to declare his foreign accounts in Form CCB1 as provided for by the Code of Conduct Bureau (CCB) Act. According to the CCB, the offence is contrary to Section 15 (2) of the Code of Conduct Bureau and Tribunal Act, Cap C15 LFN, 2004 as amended and punishable under paragraph 18, Fifth Schedule to the 19999 Constitution of the Federal Republic of Nigeria (as amended).
But Tinubu had on October 26, 2011, approached the Tribunal with an application, asking to quash the three-count charge preferred against him by the federal government on the grounds of lack of jurisdiction to entertain the matter.
Reacting to the the judgement, Tinubu said he was grateful to God for Justice Umar’s courage in delivering the in-depth and well-researched ruling, adding that justice has been done in the matter.
He said, “It takes courageous judges to say the truth as some of them are afraid of saying the truth for fear of losing their job.”
Olanipekun who led seven other Senior Advocates of Nigeria, described the verdict as a brilliant one and commended the efforts of the judge, adding that there was no in-depth and well-researched ruling like the one delivered by Justice Umar in the history of the Tribunal.
Meanwhile, lawyer to the CCB, Mr. Ismaila Aba Zurmi said the prosecution would study the ruling carefully, but gave indication that they will appeal against it.
In the amended charge, Tinubu was accused of operating several foreign accounts, contrary to section 7 of the CCB and Tribunal Act, Cap C15 LFN, 2004 as amended and punishable under section 23 (2) thereof as incorporated under paragraph 18, part 1, Fifth Schedule to the 1999 Constitution (as amended). Count 2 of the charge is similar to Count 1, while count 1 refers to operation of foreign accounts,
He was also accused of misinforming the CCB by stating in form CCB 1 that he did not have foreign accounts contrary to Section 15 (2) of the Code of Conduct Bureau and Tribunal Act, Cap C15 LFN, 2004 as amended and punishable under paragraph 18, Fifth Schedule to the 1999 Constitution of the Federal Republic of Nigeria (as amended).
Meanwhile, five state governors - Kayode Fayemi (Ekiti), Babatunde Fashola (Lagos); Rauf Aregbesola (Osun), Adams Oshiomhole (Edo), and Abiola Ajimola (Oyo) have commended the judge for his courage in delivering the verdict.
SOURCE: Leadership Newspaper, 1 November 2011. http://www.leadership.ng
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