The Nation Newspaper

Tag: CCB

  • Reps whittle down CCB, CCT’s powers

    Reps whittle down CCB, CCT’s powers

    The House of Representatives has amended the Act setting up the Code of Conduct Tribunal (CCT).

    The Senate had previously stepped down the consideration of the bill due to public outcry for coinciding with  the trial of its President at the Tribunal.

    The amendments were contained in the report of a bill for an Act to amend the Code of Conduct Bureau and Tribunal Act, 2004 that was considered and adopted yesterday at the Committee of the Whole House.

    Paragraph (e) was added tomSections 3 of the Act to read: “Upon complaint(s) of any breach or where it appears to the Bureau that there is a breach of the provision or this Act, the person concerned shall be given particulars of such non compliance or breaches to explain before any reference to the tribunal”.

    Accordingly, the Code of Conduct Bureau  (CCB) would no longer have powers to immediately refer a matter to the CCT, unlike what currently subsist.

    Section 1 (4) was deleted and replaced with “The Chairman and members shall serve for a term of five years subject to renewal for one further term only”.

    Section 4 (2) was also amended to substitute the word “President” with “the National Assembly” as the one to appoint members of staff of the Bureau and exercise disciplinary control over them.

    However, the House would still require the concurrence of the Senate before it could be forwarded to the President for assent.

  • Reps amend CCB, CCT Act

    Reps amend CCB, CCT Act

    The House of Representatives on Tuesday made several amendments to the Act setting up the Code of Conduct Bureau (CCB) and Code of Conduct Tribunal (CCT).

    The Senate had previously stepped down the consideration of the bill due to public outcry that followed the move.

    The amendments were contained in the report of a bill for an Act to amend the Code of Conduct Bureau and Tribunal Act, 2004 that was considered and adopted on Tuesday by the Committee of the Whole House.

    Paragraph (e) was added to Sections 3 of the Act to read: “Upon complaint(s) of any breach or where it appears to the Bureau that there is a breach of the provision or this Act, the person concerned shall be given particulars of such non compliance or breaches to explain before any reference to the tribunal.”

    Accordingly, the Code of Conduct Bureau (CCB) would no longer have powers to immediately refer a matter to the CCT, unlike what currently subsist.

    Section 1 (4) was deleted and replaced with “The Chairman and members shall serve for a term of five years subject to renewal for one further term only.”

    Section 4 (2) was also amended to substitute the word “President” with “the National Assembly” as the one to appoint members of staff of the Bureau and exercise disciplinary control over them.

    However, the House would still require the concurrence of the Senate that had previously stepped similar bill down before it could be forwarded to the President for assent.

     

  • Appeal Court to hear Saraki’s fresh appeal May 31

    Appeal Court to hear Saraki’s fresh appeal May 31

    The Court of Appeal, Abuja has fixed May 31 for the hearing of a fresh appeal by Senate President, Bukola Saraki, challenging the jurisdiction of the Code of Conduct Tribunal (CCT) to try him on charges of false asset declaration.

    A five-man panel of the court, led by Justice Abdul Aboki, chose the date Monday  to accommodate a request by Saraki’s lawyer, Kanu Agabi (SAN) for a 14-day adjournment to enable him study the response filed on behalf of the respondents, the Code of Conduct Bureau (CCB) and the Attorney General of the Federation (AGF).

    When the case was called Monday, Agabi told the court that he was just served with the respondents’ cross appellant’s reply brief and would require time to look at it.

    Respondents’ lawyer, Henry Ejiga, who apologised for the absence of his principal, Rotimi Jacobs (SAN) did not object to Agabi’s application for a 14-day adjournment, following which the court adjourned to May 31 for the hearing of both the appeal and cross-appeal.

    Saraki is, in his appeal, challenging the jurisdiction of the CCT to try him based on a charge initiated by the office of the AGF. It is his contention that it is only the CCB that is empowered to prosecute cases before the CCT.

    CCB and AGF crossed appeal and argued that the motion, on which the CCT ruled, which formed the basis of the appeal by Saraki was an abuse of court process.

    They contend among others, that the issue of jurisdiction, having been resolved by the Supreme Court in an earlier appeal by Saraki, ought not to be raised again.

    It argued that the apex court, having held in a judgement of February 6, that the CCT was with the jurisdiction to try Saraki, the CCT ought not to entertain another motion filed by Kanu Agabi (SAN) for Saraki, challenging the tribunal’s jurisdiction.

    Meanwhile, Saraki’s trial before the CCT resumes today with his team of lawyers expected to resume their cross-examination of the first prosecution witness, Michael Wetkas.

    On May 11 when proceedings were last held, Wetkas said his investigation team relied on information provided by the Presidential Implementation Committee on the Alienation of Federal Government Properties in reaching the conclusion that Saraki made anticipated asset declaration.

    Wetkas said the presidential committee informed his team that it did not have on its record, 15 A and B, Mcdonald Road, Ikoyi, Lagos, as declared by Saraki in his 2003 asset declaration form.

    He said contrary to Saraki’s claim, the committee identified the property it sold as No.15, and Block 15, Flat 1 to 4, Mcdonald Road, Ikoyi, Lagos.

    Wetkas noted that, Saraki, on assuming office as Kwara State governor in 2003, declared that he acquired  15A and B, Mcdonald Road, Ikoyi, Lagos in 2000, whereas, the presidential committee wrote to his investigative team that it sold 15, Mcdonald Road, Ikoyi, Lagos to Saraki through his company, Tiny Tee Limited, in 2006.

    “The only authority that we could refer to was the presidential committee or the Lagos State Land Registry or the Presidential Implementation Committee. The other letters referred to by them (Saraki’s lawyers) were by private individuals.

    “We relied on the document from the Presidential Implementation Committee which said they only had 15, Mcdonald Road and Block 15, Flat 1 to 4, Mcdonald Road, Ikoyi, Lagos, which was occupied by another lessee.

    “We relied on the numbering of the properties by the presidential implementation committee and they stated that 15, Mcdonald Road, Ikoyi was sold to Tiny-Tee.  That was the strength of our conclusion,” the witness said.

    Wetkas said he did not physically inspect the property at 15, 15A and B, Mcdonald Road, Ikoyi, but ylthat other members of his investigative team did, and that they are in a better position to tell th tribunal what they found.

    On why he did not personally visit Mcdonald Road, Ikoyi, Wetkas said he needed not to because the letter from the Presidential Implementation Committee to his team had clarified issues on the existence o otherwise o th property.

    “There was no need for me to ask the implementation committee to take me to the properties. The letter clarified that there were only two properties as 15 and Block 15, Flats 1 to 4,” the witness said.

    Wetkas confirmed that the asset at 15, Mcdonald Road, Ikoyi, was at various times offered to a company, Energy Marine Resources and occupant of the house, Mr. Virtus Nwosu.

    The witness also confirmed that it was eventually sold to Saraki’s company.

     

  • CCB Act amendment bill scales second reading in Senate

    CCB Act amendment bill scales second reading in Senate

    The Senate yesterday unanimously endorsed the second reading of the Code of Conduct Bureau and Tribunal Amendment Bill.

    The bill sped through second reading, showing the determination of senators to pass the Bill quickly.

    Its sponsor, Senator Peter Nwaoboshi (Delta North) was radiant, as he presented his lead debate.

    Deputy Senate President Ike Ekweremadu presided in the absence of the Senate President Abubakar Bukola Saraki.

    The debate was rushed through, with only one senator, Yahaya Abbdullahi (Kebbi North), advising caution about the timing of the bill.

    Seven senators; Dino Melaye (Kogi West); Barau Jibrin (Kano North); Samuel Anyanwu (Imo East); Biodun Olujimi (Ekiti South);  Bukar Abba Ibrahim (Yobe); Ibrahim Abdullahi Gobir (Sokoto East); and Ekweremadu (Enugu West) supported the bill.

    Senator Yahaya Abdullahi, however, dissented.

    Nwaoboshi said he sponsored the amendment bill promulgated in 1989 and came into operation in 1991 following the 1999 Constitution.

    He said the Act did not contemplate criminal trial “so the usage of Criminal Procedure Act and Criminal Procedure Code should not be used as a procedural template in the tribunal”.

    The senator promised to provide a comprehensive amendment of the Third Schedule to the Code of Conduct Bureau and Tribunal Rules of Procedure, which should be the distinct rule for proceedings in the Code of Conduct Tribunal.

    Nwaoboshi urged his colleagues to support the bill.

    Melaye, in his contribution, said he studied the bill and it was clear  the Code of Conduct Act should be amended.

    He noted that the Code of Conduct Tribunal was delving into criminal proceedings and criminal trial, which was not the intention of the framers of the Act.

    Melaye said the Act clearly stated that before trial, the person involved should be communicated and the person would respond accordingly.

    The senator said the tribunal should have at least three judges although the Act stipulates five judges “but today the tribunal has just two judges, which is against the spirit and letters of the Act.”

    Jibrin said the National Assembly should amend laws where necessary to ensure that justice is always done.

    He added that in doing so, there should be fairness at all times.

    Senator Anyanwu reminded his colleagues that the only thing constant in life was change.

    He said the Senate could amend grey areas of any legislation.

    Senator Olujimi said the amendment should be done “as quickly as possible.

    Senator Ibrahim urged the presiding officer to find out if any senator was against the amendment.

    Gobir described the amendment as “timely and important” and asked the Senate to go ahead.

    Abdullahi, however, cautioned that the timing was not auspicious.

    He said: “I want to give a word of caution. The question of the timing of this bill should be taken into consideration. Nigerian people can easily interpret that since 1991, this Act was not challenged, but because our principal officer is being tried, we decided to come up with this amendment.”

    Abdullahi asked the upper chamber to re-examine whether the timing of the bill was right.

    Senator Ekweremadu asked if any senator was against the bill. There was a pin drop silence.

    The deputy Senate president noted that the bill had nothing to do with the proceedings against its president.

    The bill was referred to the joint committee on Judiciary and Ethics, Privileges and Public Petitions. They are to report back in two weeks.

  • SERAP gives CCB 14 days to probe officials named in Panama Papers

    A rights group, Socio-Economic Rights and Accountability Project (SERAP), has called on the Code of Conduct Bureau (CCB) to investigate current and past high-ranking public officers in Nigeria named in the Panama papers.

    The call, contained in a statement issued by the group’s executive director, Mr. Adetokunbo Mumuni, in Abuja, gave CCB 14 days to carry out the investigation.

    It said that anyone one found culpable should be sent to the tribunal for prosecution.

    It added that if the bureau failed to investigate the cases, the group would not hesitate to use legal means to compel the bureau to discharge that constitutional responsibility.

    “SERAP believes that the Panama Papers have shown the extent to which public officers in the country are concealing their stolen wealth in safe havens and secrecy jurisdictions.

    “This is contrary to the code of conduct for public officers, which prohibits public officers from maintaining and operating foreign accounts.

    “We request Mr. Sam Saba, Chairman, Code of Conduct Bureau, to use his good office and leadership to urgently investigate current and immediate past high-ranking public officers named in the Panama Papers.

    “They should also investigate others that are maintaining and operating or have maintained and operated foreign accounts in other safe havens and secrecy jurisdictions, and where appropriate, refer such to Code of Conduct Tribunal for prosecution,” it said.

    According to the statement, SERAP hopes that the bureau will learn from the lessons of the Panama Papers to combat the abuse of the asset declaration requirements.

  • How Saraki looted Kwara – EFCC, CCB

    How Saraki looted Kwara – EFCC, CCB

    The Code of Conduct Bureau (CCB) and the Economic and Financial Crimes Commission (EFCC) yesterday gave a low-down  on how Senate President Bukola Saraki allegedly looted Kwara State during his tenure  as governor between 2003 and 2011.

    The CCB and EFCC in a joint response to the claim by Saraki that his ongoing trial by the Code of Conduct Tribunal (CCT) was a witch-hunt, told  of how Saraki allegedly amassed  properties in Lagos, Abuja and London, using Kwara State funds.

    The agencies also detailed how Saraki allegedly siphoned public  funds through  Guaranty Trust Bank (GTB) Plc  into his personal foreign account, and with which he procured a property in London.

    The joint response by the CCT and EFCC is contained in the counter-affidavit filed by the prosecution in the trial of Saraki on charges of false assets declaration.

    Saraki had, in a fresh motion filed by his new lawyer, Kanu Agabi (SAN), queried the competence of the charge against him and  the jurisdiction of the CCT on the case claiming that  he was not accorded fair hearing by the CCB before he was charged with alleged  discrepancies in his asset declaration forms.

    He queried the timing, arguing that most of the offences were allegedly committed about 15 years ago, while he was governor and that he was not confronted with the discrepancies as required under the Constitution, to enable him either agree or deny the discrepancies.

    However, prosecution lawyer, Rotimi Jacobs (SAN), armed with the EFCC/CCB counter-affidavit, urged the court to dismiss Saraki’s fresh motion on the ground that it constituted an abuse of court process.

    An official of the CCB, Peter Danladi, stated in the counter-affidavit that the investigation of the various petitions of corruption, theft, money laundering, among others, against Saraki in 2010, was conducted jointly by the officials of the EFCC, CCB and the DSS.

    “The EFCC conducted its investigation on the various petitions and made findings which showed that the defendant/applicant abused his office, while he was the governor of Kwara State and was involved in various acts of corruption as the governor of the state.

    “The defendant/applicant borrowed huge sums of money running into billions from commercial banks, particularly Guaranty Trust Bank, and used the proceeds of the loan to acquire several landed properties in Lagos, Abuja and London, while he was the governor of Kwara State.

    “As against the defendant using his own legitimate income to defray the loan, he took public funds, running into billions from Kwara State Governemnt and lodged same in several tranches and in cash into his GTB account in GRA (Government Reservation Area), Ilorin, Kwara State.

    “The defendant/applicant’s account officer in GTB confirmed that the defendant/applicant gave him several cash in the Government House to lodge into the account and on some occasions, the defendant sent his aides from the Government House to give him the cash for lodgement into his account.

    “When the EFCC submitted its report to its legal department and the Federal Ministry of Justice, the Ministry of Justice formed the opinion that the offences revealed from the investigation, particularly as they relate to  the properties acquired by the defendant/applicant, while he was governor of Kwara State and various monies sent into  his various accounts outside Nigeria can be better handled through the Code of Conduct Bureau (CCB) and Code of Conduct Tribunal (CCT).

    “The office of the Attorney General of the Federation (AGF) then sent the findings and the evidence gathered during investigation by the EFCC as a complaint to the Code of Conduct Bureau for investigation and that the operatives of the EFCC would collaborate with the officers of the CCB for effective investigation.

    “Our investigation on the CCB Assets Declaration Forms for public officers filed by the defendant/respondent revealed the following:

    “The landed property listed as No.42 Gerald Road, Ikoyi was visited by Mr. Ikechi Iwuagwu (Deputy Director, CCB), Miss. Geraldine Longsten (DSS) and Adamu Garba (EFCC) sometime in 2006 and discovered that the property was under construction.

    “Contrary to the declaration by the defendant that he was earning an annual income of N110,000,000 from No.42 Gerald Road, Ikoyi, Lagos, there were no tenants in the property as same was an empty land as at the time of the declaration.

    “Contrary to the declaration by the defendant that he owned 15A and 15B McDonald, Ikoyi, Lagos as at the time of the declaration in 2003, our investigation revealed that the said properties were acquired in 2006 from the Implementation Committee on Federal Government Landed properties through his companies called Tiny Tee Limited and Vitti Oil Limited wherein he paid the sum of N396,150,000 to the Federal Government of Nigeria.

    “The defendant made an anticipatory declaration for the said 15A and 15B, Ikoyi, Lagos. The defendant acquired the properties in the name of two companies because he could not buy two Federal Government properties in his personal name.

    “The defendant bidded for and acquired 17, 17A and 17B McDonald, Ikoyi, Lagos from the Implementation Committee on Federal Government Landed Property and paid an aggregate sum of N497,200,000 to the Federal Government between October 2006 and 2007.

    “A scrutiny of the defendant’s  salary account with the Intercontinental Bank (now Access Bank)  account No: 0100857813 reveals that his monthly take home salary as at the time he acquired the property was not  more than N500,000 and the defendant acquired properties far in excess of his income.

    “While the Federal Government was selling its properties, the Central Bank of Nigeria, being an agency of the Federal Government sold plot 2A, Glover Road, Ikoyi, Lagos for N325,000,000 between 2007 and 2008 to the defendant, which the defendant purchased through his company called Carlisle Properties when he was the governor of Kwara State,” Danladi said.

    He added that further investigation by the CCB  revealed that Saraki also acquired a property at Plot 2A  Glover Road, Ikoyi, Lagos through Carlisle Properties Limited, while he was governor of Kwara state and that he has been receiving rent from the property.

    Danladi said investigation on the asset declaration forms submitted by Saraki between 2003 and 2011 revealed that he failed to declare his interest in Plot 2A Glover Road, Ikoyi, Lagos ( in his 2011 asset declaration form); No: 1 Targus Street, Maitama, Abuja otherwise known as 2482 Cadastral Zone A06, which he claimed he acquired in November 1996 from one David Baba Akawu (in his assets declaration form of 2003).

    Saraki was also said to have failed to declare his ownership of No: 3 Targus Street, Maitama, Abuja, otherwise known as 2481 Cadastral Zone A06, Abuja which he acquired from one Alhaji Attahiru Adamu in his asset declaration form (of June 3, 2011) and No: 42, Remi Fani-Kayode Street, Ikeja,  Lagos, which he acquired through his company, Skyview Properties Limited, from First Finance Trust Limited on December 12, 1996.

    “The defendant has a domiciliary account with GTB Plc in Nigeria with account No: 441441953210 from where he made various cash transfers totalling 3.4million US dollar between 2009 and 2012 to American Express Service Europe Limited with account No: 730580 maintained with the American Express Bank, New York and the various sums were transferred into the defendant’s card account No: 374588216836009 maintained by the defendant outside Nigeria.

    “Sometime in February 2010, the defendant obtained a loan of N375,000,000 from GTB Plc in Nigeria, which he converted into 1,516,194.53 Pounds Sterling and gave instructions to the bank to transfer the entire sum to the United Kingdom in favour of Forts Bank SA/NV the purpose of which the defendant stated to be the full and final payment of mortgage redemption for the property he purchased in London,” Danladi said.

    Arguing Saraki’s motion earlier, Agabi said  that the tribunal lacked jurisdiction to entertain the charges on, among other grounds, that the Attorney-General of the Federation and Minister of Justice lacked the power to file charges before the tribunal.

    He also argued that the failure of the Code of Conduct Bureau to invite Saraki to confront him with the breaches in his assets declaration form was fatal to the validity of the charges.

    On the contention that his client was not accorded fair hearing by the CCB, Agabi argued that compliance with Paragraph 3(d) to the 5th Schedule to the Constitution must be complied with where issues of breach is raised.

    He said that by failing to first invite his client and confront him with the alleged discrepancies in his asset declaration, as required under Paragraph 3(d), before charging Saraki before the CCT, the condition precedent was not complied with, thereby denying the tribunal the requisite jurisdiction.

    Agabi argued that the tribunal had struck out a case against former Lagos State governor, Bola Tinubu, on the same ground of non-compliance with the provision of Paragraph 3(d). He urged the court to be guided by its decision in the Tinubu case and strike out the charge against his client.

    Responding, Jacobs argued that that submission by Agabi was based on an old provision of the Constitution. He said the Paragraph 3(d) provision referred to by Agabi existed in the 1979 Constitution, which no longer exists in the 1999 Constitution.

    His words: “In 1999 Constitution, the Paragraph 3(d) was removed so that the CCB and CCT can function maximally.

    “They cannot use old law to defeat new provisions. In the Tinubu case, the tribunal found that it was  misled into giving the decision it gave. The tribunal cannot commit the same error again.

    “Assets Declaration is an oath. You go before a High Court to endorse the asset declaration form. It’s like an oath. The consequence of lying is criminal. It is like the law of perjury.”

    Jacobs described  Agabi’s argument as embarrassing and self-serving.

    Jacobs, who once served as an aide to Agabi while he was the Attorney General of the Federation (AGF), wondered why his former principal would  now argue against the power to initiate proceedings before the CCT.

    “On their argument that the AGF cannot initiate proceedings before this tribunal, we are saying that issue, which is their No. 2 is embarrassing. They had earlier argued, up to the Supreme Court, that it is only the AGF that can initiate cases here. They dragged that case before the Supreme Court and lost. Then they have come back here to now argue the opposite, that the AGF cannot initiate a case before the CCT.

    “Fortunately for me, I served with the lead defence lawyer (Agabi) as Special Assistant (SA) when he was the AGF. He signed several charges, which I prosecuted before this tribunal on his behalf. Some of these cases included those involving former Minister of the Federal Capital Territory (FCT), Jeremiah Useni,  former Plateau State governor, Joshua Dariye, among others.

    “He did not only sign those charges, I represented him. Having benefited and utilised those law, can he now come back to condemn the law? That is embarrassing. And it should not be accepted. The same AGF, who worked with that provision of the Constitution, cannot now argue that the EFCC cannot liaise with the CCB in investigating cases,” Jacobs insisted.

    Jacobs argued that the fresh motion by Saraki was an abuse of court process because he had raised similar issues and sought the same reliefs in about four other motions he filed before different courts in the country.

    He cited the cases marked: FHC/ABJ/CS/775/15, FHC/ABJ/CS/905/15 and FHC/ABJ/CS/1507/15 already filed by Saraki in attempt to frustrate his trial before the CCT.

    CCT Chairman, Danladi Umar, adjourned to March 24 for ruling and possible commencement of trial.

  • Corruption: CCB, security agencies begin discreet profiling of judges, workers

    Corruption: CCB, security agencies begin discreet profiling of judges, workers

    Security agencies are probing accounts and assets of some judges –  as part of measure to clean up the Judiciary – The Nation has learnt.

    The Code of Conduct Bureau (CCB) is also part of the “discreet” exercise, which will examine the investments of the spouses of such judges.

    No fewer than three judges have been reported to the National Judicial Council (NJC).

    The profiling of the judges by security’s agencies  began about two weeks ago, a source said.

    The CCB specifically directed judicial officers to “declare their assets or face prosecution if they defy the directive”.

    Some of those affected were alleged to have had unethical allegations against them over the years.

    It was learnt that some of them had wielded influence to avoid reprimand or sanctions by Judicial authorities.

    One of such judges made a fortune from “curious injunctions and rulings” during the countdown to the 2011 general elections, the source claimed.

    It was also gathered that a former Chief Justice of Nigeria once threatened to jail a Chief Judge after receiving report on his “sharp practices”.

    The judge has remained in office after going underground to allow the ex-CJN complete the statutory tenure.

    A source, who spoke in confidence, said: “Some judges are currently under investigation by security agencies. These agencies are looking into the assets of these judges and Judicial officers.

    “Some suspicious accounts of these judges and judicial officers and their relations are also being identified. There are some using their spouses and friends for high-profile contracts and investments.

    “The outcome of the profiling may lead to the purging of bad eggs from the Bench.

    “The CCB about two weeks ago sent a directive to all heads of courts, demanding update of Assets Declaration Forms by Judicial officers and workers.

    The CCB said failure to comply with the directive might attract sanctions in line with the relevant provision in the 1999 Constitution.

    “The Bureau shall have power to  receive declaration by public officers made under paragraph 12 of part 1 of the Fifth Schedule to this Constitution.”

    “Examine the declarations in accordance with the requirements of the Code of Conduct or any law.

    “Retain custody of such declarations and make them available for inspection by any citizen of Nigeria on such terms and conditions as the National Assembly may prescribe.

    “Ensure compliance with and, where appropriate, enforce the provisions of the Code of Conduct or any law relating thereto.

    “Any statement in such declaration that is found to be false by any authority or person authorized in that behalf to verify it shall be deemed to be a breach of this Code.

    “Any property or assets acquired by a public officer after any declaration required under this Constitution and which is not fairly attributable to income, gift or loan approved by this Code shall be deemed to have been acquired in breach of this Code unless the contrary is proved.”

    “Receive complaints about 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 matters to the Code of Conduct Tribunal.”

    As at weekend, investigation confirmed that the number of judges reported to the National Judicial Council( NJC) has increased to three.

    A source in NJC said:  “From what was submitted to NJC, three judges are to be investigated. The number can increase depending on security reports.

    “We already have a case of His Lordship, Honourable Justice M. N. Yunusa who was alleged to have been bribed with N225,000 by a Senior Advocate of Nigeria(SAN), Mr. Rickey Tarfa.

    “All these judges will go through normal processes with the NJC. They are presumed innocent until the allegations are otherwise proven against them.”

    The NJC and the President are empowered to determine a judge’s fate in line with the process outlined by Part I, Paragraph I, Section 21(b) of the Third Schedule to the  1999 Constitution (as amended) and  Section 292(1)( a)(i)

    Part I, Paragraph I, Section 21(b) of the Third Schedule to the Constitution reads: “For the avoidance of doubt, the said Third Schedule, Part I, Paragraph I, Section 21(b) of the Constitution provides that “the NJC shall have power to recommend to the President the removal from office of (the Chief Justice of Nigeria, the Justices of the Supreme Court, the President and Justices of the Court of Appeal, and the Chief Judge and Judges of the Federal High Court) and to exercise disciplinary control over such officers”

    Section 292(1)( a)(i) says: “A judicial officer shall not be removed from his office or appointment before his age of retirement, except in the following circumstances (a) in the case of the Chief Justice of Nigeria,  the President  of the Court of Appeal, the Chief Judge of the Federal High Court, Chief Judge of the  High Court of the Federal Capital Territory, Abuja, Grand Khadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja, and President, Customary Court of Appeal of the Federal Capital Territory, Abuja, by the President( of Nigeria), acting on an address supported by two-thirds majority of the Senate, praying that he be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or body) or for misconduct or contravention of the Code of Conduct.”

  • CCB verifies Gaduje’s assets

    CCB verifies Gaduje’s assets

      Facebook  Google+  LinkedIn

    The Code of Conduct Bureau (CCB) has verified the declared assets of Governor Abdullahi Ganduje and 125 other government officials in Kano State.

    The Director of CCB in the state, Alhaji Umar Saulawa, disclosed this in an interview with the News Agency of Nigeria (NAN) in Kano on Wednesday.

    He said the state’s Deputy Governor, Prof. Hafiz Abubakar, as well as local government chairmen were among others whose assets were verified.

    Saulawa said that the verification exercise was conducted with the bureau’s Federal Commissioner-in-charge of North West Zone, Alhaji Ibrahim Manzo.

    He said that the essence of the verification was to make corrections where necessary.

    The director thanked the governor and other public officers for their turn out during the exercise and called on others to emulate them.

    He listed members of the state House of Assembly as well as heads of government boards and parastatal agencies as constituting the next batch in the verification exercise.

     

  • Appeal Court to hear Saraki’s case Oct 16

    Appeal Court to hear Saraki’s case Oct 16

    The Court of Appeal in Abuja said Thursday that it will hear the appeal by Senate President, Bukola Abubakar Saraki on October 16.

    SarakI is before the appellate court to challenge the jurisdiction of the Code of Conduct Tribunal (CCT) to try him based on the 13-count charge of false assets declaration filed against him by the Code of Conduct Bureau (CCB).

    A three-man panel of the Court of Appeal, led by Justice Moore Adumein-led panel of the Court of Appeal, while granting accelerated hearing in the case, promised to render its judgment before Saraki’s next appearance before the CCT on October 21.

    Chairman of the CCT, Danladi Umar had, on September 22 after Saraki pleaded not guilty to the charge upon his arraignment, fixed October 21 for further proceedings in the case.

    Saraki’s lawyer, Mahmud Magaji (SAN) urged the appellate court to expeditiously determine his client’s appeal on the ground that time was of the essence.

    Saraki has, along with his appeal, filed as application seeking to stay proceedings before the CCT pending the determination of his appeal.

    Hearing of the application for stay of proceedings may no longer be necessary in view of the appellate court’s decision to give its judgment in the main appeal before October 21.

    Saraki, in his appeal, wants the Court of Appeal to declare that the CCT lacked the jurisdiction to try him based on the charge brought against him. He also wants the court to quash the charge for being incompetent.

    Saraki is, in his appeal, raising similar issues earlier canvassed before the CCT, which the tribunal disregarded.

    They include that the tribunal was not properly constituted, in that it currently has a member sitting with the Chairman as against the constitutional provision of two members and the Chairman.

    He also challenged the competence of the charge on the ground that it was not filed by a substantive Attorney General of the Federation (AGF).

    Saraki equally faulted the process leading to the filing of the charge, arguing that was not confronted with the alleged discrepancies in his declaration, as required by law, before the charge was filed against him.

    It is also his contention that since assets declaration is undertaken by every public officer every four years, a charge could not legitimately be filed against based on the declaration he made in 2003.

    Named as respondents to the appeal are the Chairman of the CCB, Chairman of the CCT, the Federal Ministry of Justice and an official of the ministry, Muslim Hassan, who endorsed the charge against Saraki.

    The Senate President is charged among others, with failure to declare property on Plot 2A, Glover Road, Ikoyi, Lagos; failure to declare property on No 1, Tagus Street, Maitama, Abuja (Plot 2482, Cadastral Zone A06, Abuja) and failure to declare property No 3, Tagus Street, Maitama, Abuja (Plot 2481, Cadastral Properties Limited).

    He is also accused of claiming to own property on No 42, Gerard Road, Ikoyi and earning N110, 000,000 per annum at a time the property was under construction; failure to declare N375m GTB loan converted to 1.5m Pound Sterling and used to purchase property in London; operating a foreign bank account; transfer of $3.4m from GTB to foreign bank account during his tenure as governor and failure to declare leasehold interest in No. 42, Remi Fani-Kayode Street, Ikeja.

    Saraki was equally accused of making anticipatory asset declaration of a house in Ikoyi in the asset declaration form he submitted to the CCB in 2003.

  • Senator: let CCB publish assets of public officials

    Senator: let CCB publish assets of public officials

    Senator Shehu Sani has urged the CCB to publish all declarations made by public office holders since 1999.

    The civil rights activist, in a Facebook post, said doing so would allow the public to form ‘transparency vigilante groups’ who would verify claims made by public office holders.

    He called on Nigerians to demand full disclosure from the CCB. But the constitution does not compel the CCB to make public assets of public officials.

    “The masses deserve to know the material worth of all their elected and appointed public office holders. Every public office holder must come to equity with clean or at least not dirty hand.

    “PMB, by his public declaration, has set a high moral standard that must be abided by those who particularly lay claim to the change agenda.”