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Tag: CCT chair

  • Why EFCC filed charges against CCT chair

    Why EFCC filed charges against CCT chair

    The Economic and Financial Crimes Commission (EFCC) filed charges against the Chairman of the Code of Conduct Tribunal (CCT), Justice Danladi Umar, based on a ruling of the High Court, Federal Capital Territory (FCT), it was learnt yesterday.

    Justice Chizoba Oji had in a ruling admitted the initial statement by Ali Gambo Abdullahi( the Personal Assistant to the CCT chairman) in which he allegedly claimed  that he collected a bribe for Justice Umar.

    The admission of the statement by the court was said to have paved the way for the preferring of charges against the CCT chairman by the EFCC.

    A source in EFCC said:  “Justice Oji admitted in evidence statement made by Personal Assistant to the Chairman of the Code of Conduct Tribunal (CCT), Ali Gambo Abdullahi, that implicated his boss, Danladi Umar in a N10 million bribery scandal.

    “The judge on  March 6, 2017 dismissed the claim by Abdullahi that the  statement he made in 2013 was under duress from some  operatives of the  EFCC during  interrogation.

    “In August 12, 2013, Abdullahi had said under oath that he was forced to implicate the CCT chairman. But he later recanted in court, leading to the ruling of Justice Oji.

    “On the basis of the ruling on the legality of the statement of the Personal Assistant, the EFCC resumed probe of the CCT chairman and filed charges against him.

    “It was not a case of EFCC approbating and reprobating. EFCC filed the charges as a result of this new development at the FCT High Court. There was no personal motive at all and nobody is after the judge under any guise.”

    Also yesterday, The Nation stumbled on a document which indicated that the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN), did not query the Acting Chairman of the EFCC Magu.

    Malami, had through the Solicitor-General of the Federation, Mr. Dayo Apata, only demanded  for a briefing from Magu  on the status of a March 5, 2015 letter to a former Secretary to the Government of the Federation, Mr. Anyim Pius Anyim, by a former Chairman of EFCC, CP Ibrahim Lamorde, in relation to the charges preferred against the CCT chairman.

    The February 16, 2018 letter said in part: “The attention of the Honourable Attorney General of the Federation was drawn to news report that the Economic and Financial Crimes Commission has filed charges of corruption against the Chairman of the Code of Conduct Tribunal.

    “I am directed by the Honourable Attorney General of the Federation to seek clarification from you as to whether charges were filed on your instruction or directive and if in the affirmative, what is the compelling basis for doing so.

    “In view of the foregoing, the Honourable Attorney General of the Federation requests for your prompt briefing as to the existence of new facts which are contrary to the position in your attached investigation report,  sufficient evidence or other developments upon which the prosecution of Hon. Justice Danladi Umar can be successfully based.

    “Kindly accord this letter top priority while your prompt response within 48 hours from the receipt of same is required in the circumstances. Please accept the assurances of the esteemed regards and best wishes of the AGF and Minister of Justice.”

    An EFCC source stressed that the letter from the HAGF was not a query, contrary to insinuations. “If the HAGF is seeking the status  of an investigation report of 2015 , does it amount to a query?” the source asked.

    He went on: “The report in question, which the HAGF wanted a clarification even preceded the appointment of the Acting chairman of EFCC. There was a leakage somewhere because the HAGF’s letter through the Solicitor-General was already in the media before it was brought to the EFCC on Monday.”

    The report of the 2015 investigation report was sent to a former  Secretary to the Government of the Federation, Anyim Pius Anyim, by Lamorde.

    The covering  letter  said: “We refer to your letter ref. No. SGF.19./S.24/11/451 dated 23rd February 2015 on the above mentioned case reported by one Mr. Rasheed Taiwo (DCG rtd) of 6AB Milverton Road, Lagos against the Chairman of the Code of Conduct Tribunal, Justice Danladi Umar and his Personal Assistant, one Gambo Abdullahi.

    “The complainant, who is facing charges at the Code of Conduct Tribunal, alleged that Justice Umar made direct demand for the sum of N10 million to quash the charges sometime in 2012. He disclosed that he was compelled to pay the sum of N1.8 million after persistent inundation with phone calls from Justice Umar, who received the bribe through the Zenith Bank account of one Ali Gambo Abdullahi, his personal Assistant in December, 2012.

    “Investigation was extended to one Hon. Justice G.A Oguntade (Rtd) who confirmed that the complainant informed him in 2012 of the issues he had at the Tribunal and the demand being made by Justice Umar. He disclosed that Justice Umar denied the allegation when he called him.

    “There are indications that the Tribunal Chairman might have demanded and collected money from the complainant through his said Personal Assistant.

    “However, efforts made to recover the telephone handset used by Justice Umar proved abortive, as he claimed that he had lost the telephone in 2012. This has made it impossible to subject it to independent scientific analysis with a view to corroborating the allegation.

    “In the same vein, the complainant could also not make available his telephone set for analysis on the grounds that he had lost it. Justice Umar also admitted that he met privately with the complainant in his chamber at the Tribunal. This is a most unethical and highly suspicious conduct on his part.

    ”There is a prima facie evidence to however prosecute  the Personal  Assistant, Abdullahi, who could offer no coherent excuse for receiving N1.8million into his salary account from Taiwo, who is  an accused person standing trial at the tribunal.

    “The full money has been recovered from him in May 2014 and aptly registered as exhibit. The fact that he made two contradictory statements on the reason he was paid the money, is clearly an attempt to cover up on the  reason the money was paid to him. He has  accordingly been charged to court in charge no. CR/137/2015 pending  at the High Court of FCT, Abuja.

    “However the facts as they are now against Justice Umar raised a mere suspicion and will therefore not be sufficient to successfully prosecute him for the offence.

    “Above is submitted for the information of the Secretary to the Government of the Federation, please.”

    The Secretary to EFCC, Mr. Emamnuel Adegboyega Aremo, in another letter to the Secretary to the Government of the Federation on April 20, 2016, exonerated Justice Danladi of corrupt practices.

    The letter said: “We will like to reiterate the Commission’s position in regard to this matter as earlier communicated to you and state that the allegations levelled against Justice Umar were mere suspicions and consequently insufficient to successfully prosecute the offence.”

    The EFCC filed a two-count charge against the Chairman of the Code of Conduct Tribunal in connection with alleged N10million bribery scam.

    He was alleged to have demanded the bribe from a former Comptroller of Customs, Mr. Rasheed Owolabi Taiwo.

    Umar is going to face trial in the High Court of FCT.

  • Again, Saraki seeks disqualification of CCT Chair

    Again, Saraki seeks disqualification of CCT Chair

    •Queries Umar’s ability to do justice

    For the umpteenth time, Senate President, Bukola Saraki has challenged the procedure of his trial before the Code of Conduct Tribunal (CCT) for alleged false assets declaration.

    This time, Saraki has filed a fresh application seeking among others, an order asking the Chairman of the tribunal, Danladi Umar to disqualify himself from further presiding over his trial.

    Saraki, in the fresh application filed by his lawyer, Kanu Agabi (SAN), accused Umar of making statements capable of being prejudicing the outcome of the trial.

    The Senate President cited the reported statement by Umar, where he deplored the delay tactics being employed by Saraki’s legal team and noted that the delay would not affect the consequences of the trial on the defendant if found guilty.

    The application, already served on the prosecution may not be heard today as it (prosecution) was yet to respond the it (application) yesterday.

    Although Saraki had, since his trial commenced late last year, filed series of applications, challenging the jurisdiction of the tribunal, the competence of the charge filed against him, among others, this is the second time he would be asking Umar to disqualify himself from the trial.

    The first he filed through one of his lawyers, Ajibola Oluyede, is currently a subject of appeal, having been rejected by the tribunal.

    Although the tribunal is empowered under the Administration of Criminal Justice Act (ACJA) 2015 to delay the hearing of such applications to the end of trial, it is not clear if Umar will elect to hear this one now, having heard similar interlocutory applications in the past.

    Saraki’s legal team is expected to have its 12th day of cross-examination of the 1st prosecution witness in the case, Michael Wetkas.

    The prosecution, led by Rotimi Jacobs (SAN) has complained on several occasions that the defence was wasting too much time on just one of the many witnesses it intends to call.

    Jacobs expressed similar view on the last hearing date of June 7, when he complained that the defence was unduly delaying proceedings having spent 11 days cross-examining a single witness presented by the prosecution.

    In response to Jacobs’ compliant, Umar had said: “I am not happy at the delay tactics by the defence counsel. And I must say this thing out, that this delay tactics will not reduce the consequences the defendant will meet from this tribunal at the end of the trial if he is found guilty.”

    Responding on behalf of the defence, Agabi told the tribunal that the defence team was not comfortable the tribunal Chairman’s view on the allegation of delay made by Jacobs.

    “From the defence side, we are not worried about the law and facts that will be placed before this tribunal by the prosecution. But we are worried about enemies, who may wish to use this tribunal to achieve their ulterior motive.

    “As the tribunal Chairman, we love you, we respect you, but we are afraid of consequences, especially as just stated by this tribunal this morning. Our fears have been reinforced, but we pray against consequences that are against natural justice,” Agabi said.

     

  • Saraki’s trial: Senate under fire for inviting CCT chair

    Saraki’s trial: Senate under fire for inviting CCT chair

    Falana, Oditah, Quakers, Shittu knock senators

    Judge rejects plea for adjournment

    Senators were yesterday under attack for summoning the Chairman of the Code of Conduct Tribunal (CCT), Justice Danladi Umar, who is presiding at Senate President Bukola Saraki’s  trial for alleged falsification of assets.

    The Nation exclusively reported yesterday that the Senate Committee on Ethics, Privileges and Public Petition on Monday summoned Justice Umar to appear before it tomorrow in respect of an allegation of corruption levelled against him.

    The invitation, coming on a day the judge ruled that Saraki’s trial should run daily, appeared a new twist to the matter.

    The CCT chair immediately wrote the panel that he will not be available because he has a matter he is handling.

    To some senior lawyers, the senators were wrong to have invited His Lordship.

    Professor of law Fidelis Oditah (SAN, QC), rights activist Femi Falana (SAN), Norrison Quaker (SAN) and  law teacher Wahab Shittu, in separate interviews, said the invitation of the CCT chair, apart from raising suspicion, was illegal and uncalled for.

    But Chief Felix Fagbohungbe (SAN) expressed a divergent view.

    In Oditah’s view, the Senate does not have the powers to invite Justice Umar over allegations of corruption, thereby preventing him from performing his duties.

    “ They don’t have such powers. Are they a court of law themselves?” he asked.

    According to him, the Senate’s oversight functions include monitoring of how monies appropriated to agencies are spent, not to invite anyone over a corruption allegation like an anti-graft agency.

    He said Justice Umar’s invitation when the Senate President is undergoing trial before him is suspect.

    Quakers said Justice Umar cannot abandon his assignment to answer the Senate’s call.

    He said Justice Umar should tell the Senate through a representative that the Administration of Criminal Justice Act 2015 mandates him to conduct a criminal trial day-to-day and that he is bound by that law.

    “The invitation at this time raises a lot of suspicion. But Justice Umar can handle it administratively so that it won’t appear as if there’s a political angle to it,” he said.

    In a statement titled: “The illegal summons on Code of Conduct Tribunal Chairman”, Falana accused the leadership of the Senate of “attempting to frustrate the ongoing trial of the Senate President”.

    Describing the action as a “contemptuous reaction”, Falana said: “It is pertinent to point out that the Ethics Committee of the Senate lacks the power to summon the Tribunal Chairman to testify in respect of a criminal investigation.

    “More so that the allegation being examined by the Ethics Committee of the Senate is the subject matter of a pending criminal case at the High Court of the Federal Capital Territory sitting in Abuja.”

    Falana recalled that “following the allegation that the Personal Assistant of the Tribunal Chairman allegedly received a bribe from a suspect on behalf of his master, the matter was investigated by the Economic and Financial Crimes Commission. At the end of the investigation, the Tribunal Chairman was exonerated while his Personal Assistant was indicted. Consequently, the suspect has since been charged to court. Since the case has not been concluded or terminated, it is the height of contempt on the part of the Senate or any of its committees to decide to conduct another trial on the same subject matter.”

    He added: “The Ethics Committee of the Senate is advised to withdraw its illegal summons which has been issued and served on the Code of Conduct Tribunal Chairman.

    “Instead of exposing the Nigerian people to further undeserved embarrassment over the Saraki case, the Senate is enjoined to enhance the fight against corruption by passing the Whistle Blowers Bill, the Proceeds of Crime Bill and the Witness Protection Bill, which were passed by the 7th National Assembly but were not signed into law by former President Goodluck Jonathan. For the Nigerian people to take the war against corruption seriously, the members of the legislative and executive arms of Government ought to be prepared to demonstrate leadership by example.

    “In a country where the majority of the states are owing arrears of salaries, the legislators should be prepared to make sacrifice by reducing their fat salaries and jumbo allowances.”

    Shitttu, a University of Lagos (UNILAG) law teacher, said the invitation of Justice Umar is in conflict with the exercise of judicial powers by the CCT.

    He said having fixed Saraki’s trial to run daily, asking the judge to appear before the Senate committee amounts to preventing him from discharging his duties.

    To Shittu, the invitation amounts to an infringement on the CCT chairman’s fundamental right to perform his duties and would mean preventing the tribunal from sitting.

    “It is akin to legislating against the sitting of the CCT. Just as no court of law can stop the Senate from sitting, the Senate cannot prevent the CCT from sitting.

    “If the chairman of the tribunal is away, it cannot function. The invitation in the circumstance is in bad faith,” Shittu said.

    To Chief Felix Fagbohungbe (SAN), the Senate has the right to invite the Code of Conduct Tribunal (CCT) chairman, but the timing of the invitation is questionable.

    He likened the situation to a game of wits because the CCT chairman has judicial power while the Senate has the legislative authority.

    “The Senate is right to invite the judge, “but the timing may by wrong”.

    “ The Senate has constitutional power to call on the judge to answer to corruption allegations against him, but naturally, meanings will be read into it, that it is not right because Saraki is facing trial before the CCT.

    “There are charges of corruption against Saraki and allegations of corruption against the judge. Whoever can outplay the other may win; that is what is playing out.

    “Saraki is before the judge, the judge is before the Senate; it depends on who can outwit the other. The judge has judicial power while the Senate has parliamentary power. It is very interesting, amusing and embarrassing to Nigerians,” he said.

     

  • CCT chair appears before Rep panel

    CCT chair appears before Rep panel

    •Corruption investigation stalled

    THE House of Representatives Committee on Public Petitions investigating the petition against the Code of Conduct Tribunal (CCT) Chairman, Mr. Danladi Umar, could not sit because  the Anti-Corruption Network, which wrote the petition, was absent.

    It was learnt the Attorney General of the Federation, Abubakar Malami, wrote the committee, led by Ikem Abonta, that he needed time to put together information requested by the lawmakers.

    Speaking shortly before adjourning, Abonta said there was need for the writer of the petition to be present.

    “In the practice of fair hearing and justice, they should be around to substantiate their allegations. We need to hear them. We will give the petitioner time to come, to ensure fair hearing,” the lawmaker said.

    The committee chairman also said the attorney general requested time to enable him make presentation before the committee. He rescheduled the hearing for December 9 and 10.

    Umar came to the session with his management team, including Mr. Abdumalik Shuibu, chief registrar and the director of Budget and Accounts.

    He, however, did not make a statement.

    According to the petition, the CCT chairman was accused of fictitious contract for the supply of office furniture and fittings for N11.4 million, misappropriated N4.2 million for external light bulbs and N1 million for his wedding.

  • House probes Conduct Tribunal Chairman Umar

    House probes Conduct Tribunal Chairman Umar

    The House of Representatives is to investigate the Chairman of the Code of Conduct Tribunal (CCT), Mr. Danladi Umar, for allegedly misappropriating N16.6million.

    The decision of the lawmakers followed a petition on the floor yesterday on corruption against the CCT chairman.

    It was presented by the Chairman, House Committee on Army, Shawulu Kwewum, on behalf of the Anti Corruption Network.

    After the presentation by the lawmaker, the Speaker, Yakubu Dogara, gave him leave to lay the petition before the House, and referred it to the House Committee on Public Petition for further investigation.

    Kwewum, presenting the petition before the House, alleged that ex-Minister of Justice and Attorney- General of the Federation Mohammed Adoke recommended that two persons be arrested and investigated for alleged corruption.

    He said one person, Ali Gambo Abdullahi, was arrested and prosecuted in compliance with the recommendation of the former attorney-general and the other person, the present chairman of the CCT, was not arrested.

    According to the allegations in the petition, the CCT chairman was accused of fictitious contract for the supply of office furniture and fitting in the sum of N11.4 million, misappropriated N4.2million for external light bulbs and N1million for his wedding.

    Kwewum said: “The petitioner wants the House to wade into the matter to ensure that the second person, Mr. Danladi, is arrested and made to face the law in compliance with the recommendations of the ex-attorney-general and minister of Justice.”

    The Public Accounts Committee in the House has promised to raise the bar in checking financial impunity in public and private institutions.

    The committee Chairman, Kingsley Chinda, at the inaugural meeting of the committee, said no institution, public or private, would be spared if found wanting in the utilisation of public funds.

    He said: “Crime has no time limit. When you mismanage public fund, you commit a crime.

    “We will dig them up and forward them to the House where a final decision will be taken.

    “If you’re not doing what you ought to do in any office, this committee will not hesitate to forward the report to the entire House.

    “We assure Nigerians that it will not be business as usual for the MDAs when it comes to public funds.”