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  • Trial of CJN: Atiku faults CCB, warns Buhari

    The Presidential Candidate of the Peoples Democratic Party (PDP), AlhajiAtikuAbubakar yesterday faulted the Code of Conduct Bureau (CCB) for filing charges against the Chief Justice of Nigeria (CJN), Justice Walter Samuel Nkanu Onnoghen at the Code of Conduct Tribunal (CCT).

    He said even if the allegations against Onnoghenwere  true, the Code of Conduct Bureau (CCB) was wrong to have referred the petition to the Code of Conduct Tribunal (CCT).

    He said since judicial officers are disciplined by the National Judicial Council (NJC), it was out of place for the CCB to have referred the matter to the CCT.

    He warned President Muhammadu Buhari and the governing All Progressives Congress (APC) against throwing Nigeria into an avoidable crisis in what he called  their desperation to sack the CJN.

    Atiku, who made his position known in a statement through his Special Assistant on Public Communication, Mr. PhrankShaibu, described plans to arraign Onnoghen in court as a brazen day light assault on the judiciary.

    He said the principle of separation of powers remains sacrosanct in a democracy and should be respected by the Federal Government.

    Atiku said the plot to sack Justice Onnoghen is a “preemptive move against the bench in the face of imminent defeat and knowing the role that the judiciary plays in the final outcome of elections.”

    He said: “We have just been made aware of the plot by President Muhammadu Buhari the All Progressives Congress (APC) to sack Justice Walter Samuel NkanuOnnoghen using flimsy assets declaration issues as a pretext.

    “We are aware that there are plans to arraign Justice Onnoghen before the Justice DanladiYakubu Umar led- Code of Conduct Tribunal on Monday, January, 14, 2019. The  charges against Onnoghen, we understand have already been filed and served on him last Friday at his official residence in Abuja preparatory to his appearance at the Tribunal.

    “The Code of Conduct Bureau, according to Section 3 (e) of the third schedule (part 1) of the 1999 constitution, “shall receive complaints about the non-compliance with or breach of the provisions of the Code of Conduct or any law in relation thereto, investigate the complaint and, where appropriate, refer such matter to the Code of Conduct Tribunal (CCT).”

    “Since judicial officers are disciplined by the National Judicial Council (NJC), the CCB was wrong to have referred the matter to the CCT even if the allegations have been found to have any substance.

    “The proper procedure would have been for the petition to be referred to the JSC of which Onnoghen is the Chairman, but he would have to excuse himself from the process.

    “If found guilty, he could be asked to vacate his office as CJN, in addition to other punishments.”

    Continuing, Atiku said:”Buhari and his APC led government should not emasculate the judiciary as they tried to do the National Assembly and was resisted by the President of the Senate, AbubakarBukolaSaraki.

    “This is a brazen day light assault on the judiciary because he (Buhari wants) a pliable acting Chief Justice of Nigeria (CJN) to sit on his election petition because he has seen the signal that he will lose the February 16 presidential election.

    Atiku  alleged that Mr. Dennis Aghanya, the Executive Secretary of the Anti-Corruption and Research Based Data Initiative (ARDI), the author of the purported petition seeking Onnoghen’s removal was the National Publicity Secretary of President Buhari’s defunct political party, the Congress for Progressive Change (CPC).

    The PDP candidate warned however that if Buhari and the APC succeeded in the current plot, it then should be ready for an epic battle, the end of which no one can predict, and the consequences of which can only be imagined.

    He added: ”We have the strength of character, the courage and the conviction to mount a sustained campaign in defence of justice, and in defence of separation of powers as enshrined in the constitution, which is the ground norm of our democracy.

    ”But we warn that despite the clandestine meetings in the highest echelon of the APC and also involving some top officials of the federal government which include the Code of Conduct Tribunal, neither Buhari nor the APC can re-write the Nigerian Constitution just because of its impending defeat at the February 16, presidential election. Heavens did not fall when PDP lost to the APC in 2015.

    “And heavens will not fall now that the APC is sure to lose to the PDP, seeing that the APC’s plan to rig in the forthcoming elections will not pull through.”

     

  • CCB serves Onnoghen copy of charges against him

    •Senior lawyer queries govt’s motive

    The Code of Conduct Tribunal (CCT)  yesterday confirmed that it had served a copy of the charges against  the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, on him as required by law.

    Spokesman for the tribunal ,Ibraheem Al-Hassan, said a three man panel headed by Justice Danladi Y. Umar will try Onnoghen.

    He said: “The Code of Conduct Tribunal has scheduled Monday, 14th of January for the commencement of trial in the charge the  against current Chief Justice of Nigeria, Hon JustceOnnoghenNkanu Walter Samuel for alleged non declaration of asset.

    “This was consequent upon an application filed by the Code of Conduct Bureau to the CCT Chairman yesterday (January 11) for the trial to commence against the Chief Justice of Nigeria on six count charges. However, service of summons has been effected on the dependant.

    “The application was filed yesterday by the operatives of CCB, dated 11th January, 2019 and signed by Musa Ibrahim Usman (Esq) and Fatima DanjumaAli  (Esq), containing six counts charges, all bordering on non-declaration of asset.

    “The three-man panel, led by Justice Danladi Y. Umar, will commence the trial on  Monday, 14th January, 2019 at the CCT  courtroom, situated at the headquarters, along JabiDakibiyu, Saloman Lar way, Abuja, at about 10:00am.”

    Efforts to get the reaction of the CJN to the development were  unsuccessful at press time.

    The Senior Special Assistant (SSA) Media to the CJN, AwassamBassey did not respond to questions asked either..

    The Minister of Justice And Attorney General of the Federation (AGfF), AbubakarMalami (SAN) could also not be reached  to comment on the development failed.

    Calls to his cell phone were not answered.

    His media aide, Othman Salihu also did not answer calls to his phone.

    Judiciary sources yesterday raised questions over the proprietary of the trial in view of a  decision of the Court of Appeal  that no service judicial officer could be subjected to trial in a regular court without  the recommendation of the National Judicial Council (NJC).

    The same CCT, on May 15, struck a similar charge filed by the CCB against Justice Sylvester Ngwuta (also of the Supreme Court) on the strength of the December 11, 2017 judgment of the Court of Appeal, Lagos in the appeal by Justice HyeladziraNganjiwa.

    The CCT, had while striking out the charge against Justice Ngwuta, marked CCT/ABJ/01/17, said by virtue of Section 158 of the 1999 Constitution, a serving judge could not be prosecuted in any court or tribunal until the NJC deals with the allegations against him/her and takes a decision of either dismissing such a judicial officer or compulsorily retiring him or her.

    A Senior Advocate of Nigeria (SAN), Sebastine Hon has queried the motive of those behind the charge and the decision to try the CJN.

    Hon, while reacting to the development, said :”While I know that the Chief Justice of Nigeria does not enjoy immunity from criminal prosecution, I see this move by the Federal Government as dangerously political and tendentious.

    “Suddenly, we woke to see a petition leaked to the informal or social media, allegedly received by the Code of Conduct on 9th January, 2019.

    “Suddenly, we are told charges have been filed against the CJN. Suddenly the Presidency is reportedly asking him to step aside!

    “Was he interrogated or interviewed and his own reactions obtained? Why this supersonic rush?

    “These steps are more political than honest. There is an attempt to destroy the Judiciary or gag it; and in the latter situation, to hector it into submission. I personally say no to this!

    “All Nigerians, of good will, must say no to this unprovoked assault on the Judiciary.  After unsuccessful attempts to reign in the National Assembly, the same unholy attention is beamed on the Judiciary.

    “If this arm of government is destroyed, due process, constitutionalism and the rule of law will pave way to whimsical, narrow and brute force, at the instance of one man or a select few! I personally say no to this.

    “Nothing stops the Federal Government from deferring, in the interest of national peace and cohesion, the filing of those charges till an opportune time – since there is no limitation of time in criminal proceedings. Why now?

     

  • ‘Court didn’t sack CCB chairman, board members’

    The Code of Conduct of Bureau on Thursday said a Federal High Court did not either remove its chairman or members of the board of the agency.
    It said all functions of CCB nationwide remain uninterrupted.

    The bureau made the clarifications in a statement issued by its Head of Press and Publications, Mr. Idris Mohammed.

    The statement said: “The attention of the Bureau Executive Council (BEC) of Code of Conduct Bureau (CCB) has been invited to the series of misrepresentations in the print, online and electronic media, on account of the judgment delivered by Hon. Justice Binta Nyako, on Friday April 28, 2017.

    “The CCB Solicitors have filed an injunction and an appeal against the judgment. As a direct consequence of this action, the Chairman and members of CCB are carrying out their constitutionally prescribed responsibilities and will continue to do so, pending the determination of the Appeal. This is purely a case of interpretation of the relevant section of the 1999 Constitution of the Federal Republic of Nigeria, as amended and the Authority.

    “The Chairman and members of Code of Conduct Bureau, advise public officers nationwide to remain compliant with the provisions of the constitution as they relate to their code of conduct.

    “All functions of CCB remain uninterrupted and are being optimally implemented through its headquarters in Abuja and State Offices in the 36 states of the federation and FCT.

    “It could be recalled that a retired Secretary and some staff of CCB recruited the services of a Civil Society Organization, Kingdom Human Rights Foundation International, to file a suit to challenge the tenure of the Chairman and members of CCB.

    “The purpose of the suit was primarily to render null and void actions taken in pursuance of their responsibilities as Chairman and members especially as they concern the retired Secretary.

    “Members of the public, especially, public officers should not be deceived by the falsehood being spread that Chairman and members of CCB have been removed from office by the High Court.”

  • Saraki loses bid to stop CCB official’s recall

    Saraki loses bid to stop CCB official’s recall

    Senate President, Bukola Saraki, on Wednesday lost in his bid to prevent the recall of an official of the Code of Conduct Bureau (CCB) who had earlier testified in his trial before the Code of Conduct Tribunal (CCT) for alleged false assets declaration.

    At the commencement of proceedings on Wednesday, lead prosecution lawyer, Rotimi Jacobs (SAN), re-invited the CCB official, Samuel Madojemu, to clarify his earlier testimonies during cross-examination by Saraki’s lawyer.

    Before Madojemu could answer the first question from Jacobs, Saraki’s lawyer, Paul Erokoro (SAN), objected to the witness being asked questions about the Senate president’s London property.

    Erokoro said Madojemu had earlier admitted that he knew nothing about the London mortgage and did not seek any explanation from the Fortis Bank in London.

    The CCT Chairman, Danladi Umar, overruled Erokoro and allowed Jacobs to continue with his re-examination of the witness.

    Madojemu proceeded to answer Jacobs’ question and restated his evidence that Saraki failed to declare a London property he allegedly acquired through mortgage in 2010.

    Madojemu, the Head of Intelligence Unit at the CCB, had during cross-examination by Erokoro, identified a property at 70 Bourne Street, South-West London, valued at $4,800,000, which he said  Saraki declared that he acquired through proceeds from sales of rice and sugar in January 2002.

     

  • Saraki’s case different from Orubebe’s – CCB

    Saraki’s case different from Orubebe’s – CCB

    The Code of Conduct Bureau (CCB) on Tuesday clarified its handling of a case involving former Minister of Niger Delta Affairs, Godsday Orubebe, saying it is different from that of the Senate president, Bukola Saraki.

    A senior official of the CCB, Samuel Madojemu, told the Code of Conduct Tribunal (CCT), that while the Bureau invited Orubebe after discovering discrepancies in his assets declaration form, it did not find it necessary to invite Saraki because of the magnitude of the infraction noticed in the Senate president’s case.

    Madojemu spoke while being cross-examined by Saraki’s lawyer, Kanu Agabi, at the resumption of proceedings in Saraki’s trial for false assets declaration on Tuesday.

    Asked by Agabi if it was not remarkable that Saraki was never invited to make written statement before charges were filed against him, Madojemu said it was immaterial.

    He said, “Your lordship, I have handled many cases. And among the many cases, there were instances that we invited the subjects and they refused to honour our invitation.

    “During the trial of Godsday Orubebe we said that he was invited severally and he refused to honour the invitations. We thereafter charged him and he was convicted.

    “I will refer you back to what I said earlier which was that it was beyond my competence to decide who to invite and who not to invite.”

    Madojemu also said t it was not mandatory for the CCB to invite a declarant before filing charges against him or her.

    He added: “When there is observed infraction of this magnitude, the Bureau reserves the right whether or not to invite the declarant.”

    When asked why Orubebe was invited and Saraki was not invited by the CCB, the witness said, “Your lordship, the decision to invite and not to invite is beyond my capacity and competence. It is a decision made by the management of the Bureau.”

    Madojemu explained that the CCB did not obtain statement from Saraki, saying, “the asset declaration of asset which is made on oath serves as the statement.”

     

  • ‘Saraki wrong to earn double salaries as public officer’

    ‘Saraki wrong to earn double salaries as public officer’

    An official of the Code of Conduct Bureau (CCB), Samuel Madojemu on Thursday insisted that Senate President, Bukola Saraki was wrong to have earned monthly payments from the Kwara State governor at the same time when he was already elected to the Senate. 

    Madojemu, who is the Head, Intelligence Unit of the CCB was emphatic when he said:  “A public officer is not permitted to earn two salaries from public treasuries, using two government positions at the same time.” 

    The CCB official spoke while testifying as the third prosecution witness at the resumption of proceedings in Saraki’s trial before the Code of Conduct Tribunal (CCT) on charges of false assets declaration.

    Led in evidence by lead prosecution lawyer, Rotimi Jacobs (SAN), Madojemu also said Saraki failed to declare, among others, his mortgage and the property he acquired through mortgage in London. He added that Saraki failed to declare his liability of about $3.4m in an America Express Card.

    “Your lordship, a public officer who has a mortgage abroad is expected to declare the mortgage. Having fully paid the mortgage, the public officer is expected to declare the property in his asset declaration form. But the defendant did not declare any mortgage in London.

    “He (Saraki) gave instruction to his banker, the GTB, to transfer £1,516,000 in two days to a bank in Fortis Bank for a mortgage in London. There was no declaration for the property in London.”

    Madojemu also said the Senate President made a single deposit of N77m cash on September 5, 2007, when his monthly salary, as governor of Kwara State, was N254,412.25.

    The witness, who read from a statement of Saraki’s account with the Guaranty Trust Bank Plc, said the N77m was deposited in the defendant’s account in one day.

    “Your lordship, the cash lodgment deposited is not consonant with the income of the defendant as a governor. It cannot be attributable to his legitimate income. Your lordship, the defendant was earning 254,412.25 for a month. 

    “Within that same period, in one single day, as shown in the statement of account made available by the Economic and Financial Crimes Commission (EFCC), there was lodgment of N77m in his account in one day.

    “From Exhibit 15, the salary of governors as of August 12, 2007, was N254,412.25.”

    On his role in the investigation of Saraki’s case, the witness said: “My role with reference to the exhibits mentioned already, was to compare the exhibits with the asset declaration forms of the defendants to see if there was any infraction with regards to his declarations.Those exhibits were sourced by EFCC officials in my team.”

    Under cross-examination by the defence lawyer, Paul Erokoro (SAN), Madojemu was shown the contradiction in the number of Saraki’s asset declaration forms that the prosecution had tendered in court and the number of the forms which the CCB official had linked to Saraki in an affidavit.

    While seven of Saraki’s declaration forms had been tendered before the CCT, Madojemu had stated in the affidavit that Saraki had only declared four.

    When asked by the defence lawyer if four and seven were the same, the witness said no.

    Responding to further questions, the witness confirmed that he had earlier stated that it was unlawful for a public officer to trade in rice and sugar commodities.

    The witness said a public officer was permitted to own shares in companies, and when asked further, he said nothing stopped such public officers from owning shares in companies trading in rice and sugar.

    He confirmed that he never met Saraki in person and never asked him if he had shares in any company trading in rice and sugar.

    Madojemu said: “Public officer is allowed to own shares in a company. Nothing to my knowledge stops a public officer from owning controlling shares in a limited liability company. A public officer can be allowed to own controlling shares in a company that trades in rice and sugar. 

    “I did not ask the defendant whether he had shares in the company that traded rice and sugar. I did not find out if any of the companies in which the defendant owns share trades in rice and sugar. I have never seen the audited account of the defendant’s companies,” the witness said.

    Earlier, Saraki was re-arraigned on an amended 18-count charge filed by the prosecution, t which he pleaded not guilty.

    Saraki is, in the amended charge, accused of failing to make a written declaration of his “properties and assets”, that is, N77m paid into his account with Guaranty Trust Bank, GRA, Ilorin branch on September 5, 2007.

    It was also alleged that the sum of N77m was “not fairly attributable” to Saraki’s “income, gifts or loan approved by the Code of Conduct for Public Officers”.

    Further hearing in the case is adjourned to March 2.

  • Senate abolishes state joint local govt account

    Senate abolishes state joint local govt account

    …Create office of elected Mayor for FCT

    …Removes CCB from Executive

     

    If the recommendation of the Senate Committee on the review of the 1999 Constitution is accepted by the House of Representatives and assented to by President Muhammadu Buhari, the state joint local government account will be a thing of the past.

    The abolition of the state joint local government account is one of the highlights Deputy Senate President, Senator Ike Ekweremadu, presented to the Senate Thursday.

    Ekweremadu also said that the Senate constitution committee adopted the recommendation to create a mayoral seat for the Federal Capital Territory (FCT) Abuja.

    He noted that the committee, inaugurated on 13th January, 2016 had a clear mandate to reprocess the aspects of the Fourth Alteration Bill that had gained national consensus and enjoyed huge good-will from the general public, states, non-governmental organizations and international development organizations.

    On local government administration, Ekweremadu said that Section 7 of the Constitution was amended essentially to strengthen local government administration in Nigeria by elaborately providing –    A uniform 3-year tenure for elected local government council officials; That Local Governments without a democratically elected council shall not be entitled to any revenue from the Federation Account.

    Members of the committee, he said, believed that amendments will ensure effective service delivery and insulate local governments from undue and counter-productive interferences from state governments.

    On distributable pool account, he said that Section 162 of the Constitution was amended to – Provide for national savings of 50% of   oil revenues above the bench mark for a particular year and 10% of any non- oil revenue paid into the Federation Account; Or such other percentage not less than that provided in this section as the National Assembly may determine in the Appropriation Act of a particular year.

    To provide that any such savings as stipulated in this section will be distributed in accordance with the prevailing revenue sharing formula and in accordance with the provisions of the Constitution provided that the savings shall not be distributed in any period less than ten years from the date of a particular savings; and to      abrogate the State Joint Local Government Account and paying monies due to Local Government Councils directly into their respective accounts

    The amended section, he said, also defined the fund of the State government; “that is, internally generated revenue from which a portion shall be paid into the Local Government Allocation Account.”

    On authorization of expenditure, Ekweremadu said that Sections 82 and 122 of the Constitution were amended to reduce the period within which the President or a Governor may authorize the withdrawal of monies from the Consolidated Revenue Fund in the absence of an appropriation act from six months to three months.

    The amendment, he explained was essentially to compel early presentation of budget proposal by the Executive arm of government thereby giving the legislature sufficient time to scrutinize such proposal.

    On political parties and electoral matters, he said that Sections 134 (4) & (5), 179 (4) & (5) and 225 were amended to – Extend the time for conducting presidential and Governorship re-run elections where no clear winner has emerged   from seven to 21 days to give INEC sufficient time to plan, considering the logistics that is required such as printing and transporting new ballot papers for the elections;

    To empower the Independent National Electoral Commission (INEC) to de-register political parties for non-fulfillment of certain conditions such as breach of registration requirements and failure to secure/win either a presidential, governorship, Local Government chairmanship or a seat in the National or State Assembly elections.

     On financial autonomy of state legislatures, he said that Section 121 of the Constitution was amended to guarantee a first line charge funding of State Houses of Assembly from the consolidated revenue fund of the State.

    On status of the Federal Capital Territory, he noted that Sections 256, 299, 300, 301 and 302 of the Constitution were amended to Create the Office of an elected Mayor for the FCT with powers to administer the FCT as if it were a State of the Federation by exercising all functions presently administered by the Minister of the FCT.

    On nomination of ministers and commissioners, he said that Sections 147 and 192 of the Constitution were amended to –   Ensure that the President and Governors designate and assign portfolios to persons nominated as ministers or commissioners respectively prior to confirmation by the Senate or State House of Assembly;

    Provide a period of 60 days within which such nominations shall be forwarded to the Senate or State House of Assembly following inauguration; and

    Provide 35% representation for women in the appointment of ministers and commissioners.

    On the Legislature, he said that Sections 51, 67, 93 and 315 were amended to – Create the National Assembly Service Commission and the State House of Assembly Service Commission and empower the National Assembly and State House of Assembly respectively to provide for the powers and structure of the Commissions through subsequent legislations, and

    To make it mandatory for the President to attend a joint meeting of the National Assembly once a year to deliver a State of the Nation Address.

    Remove the law-making power of the Executive arm of government under S. 315 because “the extant provision is starkly contrary to Section 4 of the Constitution which confers law-making powers exclusively on the legislature.”

    On the Judiciary, he said Sections 233, 237, 247, 251 and Part I of the Third Schedule of the Constitution were amended to- Provide for all appeals from the Court of Appeal to the Supreme Court to be by leave of the Supreme Court except in the case of Interpretation of the Constitution, death sentences and fundamental human rights.

    Allow two justices of the Court of Appeal sitting in chambers to dispose any application for leave to appeal after considering the records of proceedings if the justices believe the interest of justice does not require an oral hearing of the application.

    Establish a criminal division of the Federal High Court to try electoral offences, terrorism cases, economic and financial crimes cases etc.

    Provide for appeals from the decisions of the National Industrial Court to the Court of Appeal.

    Provide for 12 Justices of the Court of Appeal to be learned in Labour and Employment Matters for the purpose of hearing appeals from the National Industrial Court.

    Improve the quality of representation in the National Judicial Council.

    Put the Code of Conduct Tribunal under the control of the judiciary instead of the executive.

    On devolution of powers, he said that the Second Schedule, Part I and II of the Constitution were altered to decongest the Exclusive legislative list to give more powers to states. This enhances the principle of federalism and good governance. It substituted “Post and Telegraphs” with “Post and Telecommunications”, and moved Pensions, Prisons, Railways, Stamp Duties and Wages from the Exclusive Legislative List to the Concurrent List and added Arbitration, Environment, Healthcare, Housing, Road Safety, pensions, Land and Agriculture, Youths, Public Complaints to the Concurrent List.

    The committee also effected local government change of name by amending the First Schedule to change the names of local governments as follows:

    “Afikpo North” and “Afikpo South” to “Afikpo” and “Edda” respectively;

    “Egbado North” and “Egbado South” to “ Yewa North” and “Yewa South”;

    “Obia/Akpor” to “Obio/Akpor”.

    Ekweremadu noted that the Senate committee had concluded its assignment; they agreed to wait for the House of Representatives on Constitution review to conclude so that the two committee would harmonize before presenting the final report to the two chambers.

    Senate President, Abubakar Bukola Saraki, asked the committee to work to beat the January 2017 deadline slated for the passage of the Bill.

  • Reps halt move to revisit CCB, CCT amendment Bill

    Reps halt move to revisit CCB, CCT amendment Bill

    Efforts to reverse the passage of the controversial amendment of the Code of Conduct Bureau/ Code of Conduct Tribunal Act by the House Leader, Femi Gbajabiamila was met with stiff opposition yesterday.

    The amendment of the CCB/ CCT Act removes from the President the powers to appoint and remove the chairman and members of the Bureau and gave the powers to the National Assembly.

    The House had amended Sections 1(4), 4 (2) and 10(3) in May, 2016.

    In the amendment of 4 (2), the word “President” was substituted with “the National Assembly”.

    In Section 1(4), a new provision was inserted which provides that “the Chairman and members shall serve for a term of five years subject to renewal for one further term only”.

    The previous provision that “the chairman and any member shall vacate office upon attaining the age of 70” was jettisoned.

    Also, a new subsection (3) was inserted into Section 10(3).  It provides that: “a public officer shall not accept personal gifts or benefits from any person whom he knows or reasonably believes shall transact business with him in the course of his duty to such extent and such occasions as are recognised by customs.”

    Gbajabiamila, while speaking under a point of order yesterday, cautioned that the amendment of the Act was an affront on the constitution.

    According to him, moving the bill for a second reading was a “violent infraction of the constitution”.

    Speaker Yakubu Dogara, he said, should ensure that the reputation of the House as the voice of the ordinary people is not corrupted under his leadership.

    His words: “This House has always been the House of the people. We have never been detached from public opinion or perception.

    “It is not under your leadership and our membership that the House will lose its integrity. When we discovered that the clauses are infractions to the constitution, we should put our brakes and reconsider it.”

    Gbajabiamila quoted sections 1 (3), Part 1 Schedule 5, Section 17: 1&4 and Section 15 (3&4) of the 1999 Constitution on the appointment of members of the CCB; appointment, removal and retirement age of the Chairman of the Code of Conduct Tribunal.

    He said on the day the amendment passed, 40 bills were passed and the contents and clauses were not thoroughly examined. He added that even when it was obvious that the amendment was contradictory to constitutional provisions, the CCB Act was passed.

    He urged the House to reconsider its amendment of the bill.

    At this point however, many members clamoured to speak and had their hands up for the Speaker’s recognition.

    Kingsley Chinda, who was given the floor by the Speaker, noted that in accordance with Order 9 (6) of the House Rules, there is need for Gbajaniamila to come by a substantive motion if he is asking that a passed bill be reconsidered.

    Another member, Edward Pwajok said Section 58 of the constitution stipulates that the President could either give or withhold assent after the passage of a bill by the National Assembly.

    The House Leader explained that the bill is yet to be transmitted to the President for assent and that the point of order he cited allows for a suspension of the House rules and a subsequent re-consideration of his motion.

    The Speaker, who described Gbajabiamila’s motion as “an ambush situation”, subsequently ruled that the House Leader should come through a substantive motion.

    He however said the motion should be put on notice “so everyone will be prepared and we will have ample time for it”.

    The Senate had on Thursday October 27 passed the bill in concurrence with the House of Representatives.

     

  • $22.3m cash: CCB gets fresh request on ex-First Lady Patience

    $22.3m cash: CCB gets fresh request on ex-First Lady Patience

    Embattled ex-First Lady Patience Jonathan seems to have an hurdle to clear in her legal battle to reclaim the $22.3million in bank accounts linked to her.

    The Economic and Financial Crimes Commission (EFCC) has already placed restriction on the accounts in Skye Bank while she battles in court to have the restriction lifted.

    An application has now been filed at the Code of Conduct Bureau (CCB) to establish whether she declared the seized cash as required by law at the exit of her husband in 2015.

    Abuja-based lawyer, Barrister Osuagwu Ugochukwu who filed the application wants the bureau to come clean on whether ex-President Goodluck Jonathan declared the money to which his wife is now laying claims   in his exit form in 2015.

    Ugochukwu in a September 1 letter to the Chairman of CCB, Mr. Sam Saba, said he was acting in the interest of the public and in the exercise of his rights pursuant to Sections 1 and 4 of the Freedom of Information Act 2011.

    His words “On May 19 2015, the CCB, in an advertorial by its Acting Secretary, Kolade Omoyola, in some newspapers had reminded ‘political office holders to declare their assets on assumption and vacation of office in accordance with Paragraph II of the 5th Schedule of the 1999 Constitution of the Federal Republic of Nigeria as amended.’

    “The Code of Conduct Bureau has asked President Goodluck Jonathan, his Vice, and 42 Ministers in his cabinet to declare their assets.

    “The bureau reportedly issued the Completed Assets Declaration Forms to all concerned, with a 30-day deadline to return the completed forms before exiting office.

    “Usually every public servant declares what the spouse earns and must have acquired as property or asset in their Spouses (public servant) declaration forms.

    “This brings me to whether ex-president Goodluck Jonathan declared or completed his Exit Asset Declaration forms with the CCB.

    “Only recently, as reported by Vanguard newspapers, former First Lady, Dame Patience Jonathan, wrote a letter to the Acting Chairman of the Economic and Financial Crimes Commission (EFCC) explicating that the $31.4 million connected to the financial fraud leveled against Mr. Waripamo Dudafa by EFCC was for the payment of the medical bills she incurred in London in 2013.

    “Patience Jonathan claimed ownership of the $31.4 million in the affidavit before a Federal High Court in Lagos  September 2016.

    “The former first lady in her letter to the Acting Chairman of the EFCC, Mr. Ibrahim Magu by her lawyers, Granville Abibo (SAN) and Co enjoined the Economic and Financial Crimes Commission (EFCC) and Skye Bank to lift the restriction placed on the accounts.

    “In the letter, Patience Jonathan admitted that the she is the sole signatory to the accounts and the accounts were card-based.

    “We note also that First Lady, Dame Patience Jonathan was Permanent Secretary in the Bayelsa State Civil Service. Governor Dickson had in July 2012, five months after his inauguration appointed Patience Jonathan, as one of the 17 new permanent secretaries in the state civil service.

    “The question that agitates me are: Whether this $31.5 million or $20 Million as being claimed by ex-President Jonathan’s wife was declared in May 2015 in President Jonathan Exit forms with the CCB?

    “Kindly avail me whether ex-President Jonathan did file his Asset Declaration Form with the Bureau upon exit from office in May 2015?

    “Did Dame Patience Jonathan declare her assets upon exit upon appointment as permanent secretary in Bayelsa State and upon her exit from same position?”

    A special investigation team to Port Harcourt (Rivers State) and Yenagoa (Bayelsa State), the Economic and Financial Crimes Commission had linked nine choice properties, two hotels and a plot of land under construction to the ex-First Lady.

    A report of the EFCC investigative team had implicated the former First Lady.

    The report of the investigative team said in part: “Based on the investigation so far carried out, it has revealed that the four fraudulent VISA Platinum USD Card accounts used by Mrs. Patience Goodluck Jonathan  has a cumulative balance of $14,029.881.79 which has been swept Post No Debit Card category.

    “Again, her personal account, different from the four fraudulent VISA Platinum USD Card accounts, bears the balance of $5,841,426.17.

  • Reps defend passage of CCB, CCT amendment bill

    Following criticisms that trailed the passage of a bill seeking to amend the Code of Conduct Bureau (CCB) and Code of Conduct Tribunal (CCT) Act by House of Representatives, the lower chamber on Thursday said the exercise was done without any intention to favour any individual.

    There were comments that the bill that was dropped by the Senate was designed to aid Senate President Bukola Saraki in his ongoing trial at the CCT.

    The House Spokesman, Abdulrazak Namdas, while speaking during weekly press briefing on Thursday said the House was aware that if passed into to law, the bill cannot operate retrospectively.

    Besides, the passed bill was consolidated in January from two bills that were presented on the floor of the House in November and December 2015, he noted.

    He said: “We have a duty to do justice to all bills and that is what we did with this bill too. People should not allude any negative meaning to it.

    “The bill must still get the concurrence of the Senate before it is sent for Presidential assent.  Moreover, it is a fact that it cannot operate in retrospect if passed into law.

    “The passage of this bill should be seen in the light of doing our job.”