Tag: CCT

  • Supreme Court to hear Saraki’s appeal Thursday

    Supreme Court to hear Saraki’s appeal Thursday

    The Supreme Court has picked Thursday for hearing on the appeal filed by Senate President, Bukola saraki.

    The apex court’s decision to hear the appeal this week was contained in hearing notices sent to parties in the case, a copy of which The Nation sighted on Monday.

    Saraki is challenging the decision of the Code of Conduct tribunal (CCT) to assume jurisdiction over the false asset declaration charges brought against him by the Code of Conduct Bureau (CCB).

    The Court of Appeal, in a split decision of two-to-one upheld the CCT’s jurisdiction to hear the charges, a decision Saraki appealed at the Supreme Court.

    The apex court had on November 12 directed the CCT to suspend proceedings in the trial pending determination of the appeal.

    A five-man bench of the court, led by Justice John Fabiyi gave the directive for a halt in the proceedings before the CCT following an undertaking by respondents’ lawyer, Rotimi Jacobs (SAN), to the effect that since the court has granted accelerated hearing in the appeal, he will prevail on the CCT not to proceed with trial until the apex court pronounce on Saraki’s appeal.

     

  • FG moves to amend charges against Orubebe

    FG moves to amend charges against Orubebe

    The scheduled commencement of trial in the case against former Minister of Niger Delta Affairs, Godsday Orubebe was stalled Thursday by the Federal Government’s decision to amend an earlier charge of four counts filed against Orubebe.

    Orubebe is charged with false asset declaration and acceptance of bribe totaling N70 million.

    The prosecution, led by Peter Danladi had on November 9, 2015 sought an adjournment for two weeks to enable it prepare its witnesses for trial.

    The tribunal Chairman, Danladi Umar granted the prosecution’s prayer and adjourned to November 26 for the prosecution to open trial.

    Thursday, everyone had expected the prosecution to call it witnesses only for Danladi to announce plans by the prosecution to amend the charge.

    He said he intended to amend counts two, three and four, a request the defence lawyer, Selekowei Larry (SAN), opposed.

    Danladi while applying for the amendment of the charges cited section 216 of the Administration of Criminal Justice Act, 2015, which he said allowed the prosecution to amend or alter the charges it filed at any time before judgment was delivered.

    “The matter was adjourned till today (Thursday) for hearing. But before we proceed, we are applying to amend counts two, three and four. The applications are brought pursuant to section 216 of the ACJ Act and pursuant to the inherent jurisdiction of this honourable tribunal.”

    Larry opposed, and argued that such request for amendment could not be done orally, but through motion on notice.

    “This is serious business. You ‎can’t just jump up and say you want to amend the charges. You have to notify us about what you want to do. You have to do it through motion on notice. You cannot come and take us by surprise. We have to know what you are doing.

    “This is a court of record. Whatever they want to do, let them do it properly by way of motion on notice.”

    Ruling, the tribunal Chairman upheld  the prosecution’s right to amend its charge any time before judgment.

    He consequently adjourned to February 27 next year.

  • Fed Govt urges Supreme Court to allow Saraki’s trial before CCT

    Fed Govt urges Supreme Court to allow Saraki’s trial before CCT

    THE Federal Government has asked the Supreme Court to allow Senate President Bukola Saraki’s trial before the Code of Conduct Tribunal (CCT).

    Saraki was arraigned before the CCT last month on a 13-count charge of false asset declaration. Proceedings in the trial have been temporarily suspended by the apex court pending the determination of the appeal by Saraki against his trial.

    But the Federal Government asked the apex court to uphold the decision of the Court of Appeal, Abuja, that the CCT had jurisdiction to try Saraki and that the charge against him was valid, even when it was not endorsed by the Attorney General of the Federation (AGF).

    The government’s position is contained in the respondents’ brief by its lawyer, Rotimi Jacobs (SAN), against Saraki’s appellant’s brief before the Supreme Court.

    The government urged the apex court to dismiss Saraki’s appeal and hold that the Court of Appeal was right in its decision that the CCT was properly constituted with a chairman and a member.

    The government also urged the apex court to uphold the Appeal Court’s majority decision  that  the competence of the charges were not affected by the fact that it was signed by a deputy director in the Ministry of Justice when there was no Attorney General of the Federation.

    It argued that “the exercise of the power conferred on law officers to initiate criminal proceedings under subsection (2) of Section 174 of the constitution is not dependent on the existence of a sitting Attorney-General of the Federation”.

    The government contended  that there was no conflict between Paragraph 15 (1) of the Fifth Schedule to the 1999 Constitution and Section 28 of the Interpretation Act, which, according to him, provided that two of the three members of the CCT would form the quorum that could validly conduct proceedings of the tribunal.

    On Saraki’s contention that the tribunal was not a criminal court and hence lacked the power to issue arrest warrant, the government argued that from the wordings of Paragraph 18 (1) of the Fifth Schedule to the Constitution, the powers conferred on the CCT to find guilt and impose punishment, could only be exercised by a criminal court.

    The government faulted the appellant’s argument of improper service of the summons on him to appear before the CCT on September 18.

    It urged the apex court to dismiss the argument on the grounds that the issue was not raised before the CCT, but only raised for the first time before the Court of Appeal.

    On Saraki’s claim that the CCT ignored the Federal High Court when he was arraigned, the government urged the apex court to uphold the Court of Appeal’s view that since the Federal High Court did not make any order on September 18, 2015, restraining the CCT from sitting, the issue of disobedience of that order or the superiority of the Federal High Court did not arise.

    No date is fixed yet for the hearing of Saraki’s appeal.

     

  • CCT stays action on Saraki‘s trial

    CCT stays action on Saraki‘s trial

    Code of Conduct Tribunal (CCT)  has suspended Senate President Bukola Saraki’s trial, following the Supreme Court’s order.

    The News Agency of Nigeria (NAN) reports that the tribunal’s Public Relations Officer, Ibraheem Alhassan, made this known in Abuja yesterday.

    The CCT’s action is to show respect to the Supreme Court, which ordered that proceedings be stayed, he said.

    “The case was slated for hearing yesterday, but as a mark of respect for the apex court, the tribunal decided to tarry pending the determination of Saraki’s appeal challenging the jurisdiction of the tribunal to try him,” he said.

    Justice John Fabiyi, leading a five-man panel of justices , ordered the Justice Danladi Umar-led tribunal to suspend the trial.

    Fabiyi held that the order was to enable the apex court determine Saraki’s appeal.

    In a unanimous ruling, the apex court held “It is imperative to state that all the parties, including the Code of Conduct Tribunal, should tarry a while to enable this court determine the appeal before it.

    “In effect, further proceedings at the CCT should be stayed pending the hearing of the appeal. Hearing date will be communicated to all the parties.”

    The Supreme Court, however, gave both parties seven days to file and serve their briefs to ensure accelerated hearing.

    Prosecuting counsel Rotimi Jacobs (SAN) gave an undertaking that the tribunal would not do anything, until the Supreme Court inishes the appeal.

    Jacobs urged the court to give the matter accelerated hearing in line with Section 306 of the Administration of Criminal Justice Act 2015.

    Saraki is facing a13-count charge of false asset declaration  to which he pleaded not guilty.

  • AGF, IGP, EFCC to Saraki: don’t politicise trial at CCT

    AGF, IGP, EFCC to Saraki: don’t politicise trial at CCT

    THE Attorney General of the Federation, Abubakar Malami, the Economic and Financial Crimes Commission (EFCC) and Inspector General of Police Solomon Arase have asked Senate President Bukola Saraki not to politicise his trial by the Code of Conduct Tribunal.

    They advised him to direct his energy towards defending the charge against him rather than imputing political motives to his trial. They faulted Saraki’s claim that his trial was politically motivated.

    In a counter affidavit they filed at the Federal High Court, Abuja in response to a fresh suit by Saraki, they denied being influenced by any political consideration to initiate the 13-count false asset declaration charge against him (Saraki) before the CCT.

    The AGF, EFCC, IGP, the Director of Public Prosecution of the Federation (DPPF), Mohammed Diri and Muslim Hassan (Deputy Director in the Federal Ministry of Justice) said Saraki’s trial was informed by the outcome of a joint investigation conducted by the EFCC, Department of State Services (DSS), the Code of Conduct Bureau (CCB) and the Independent Corrupt Practices and other related offences Commission (ICPC) between 2003 and 2015.

    They said the investigation revealed, among other things, that Saraki lied on the information he presented in the CCB Forms he completed between 2003 and 2011 in Ikoyi and Ikeja, Lagos, using third party companies, in which he had interest, with the intention of concealing his interests in such property. They gave the name of the companies as: Tiny Tee Limited, Vitti Oil Limited, Skyview Properties Limited and Carlisle properties.

    The AGF, EFCC, IGP, Diri and Hassan added that the Senate President lied in his claim that an official of the Federal Ministry of Justice, Bulus Micheal, informed him that his trial was politically motivated. They said no official of the ministry bears the name.

    “The charges preferred against him before the CCT were based on the conviction that a prima facie case was disclosed after investigation and not on any political consideration. The 1st, 2nd, 4th, 10th and 11th respondents (AGF, EFCC, IGP, Diri and Hassan) are not politicians and they have no interest in who becomes the Senate President.

    “The 1st, 2nd, 4th, 10th and 11th respondents do not take instructions from any politician, but are public officers and public offices, who are only interested in the performance of their statutory and constitutional duties.

    “No one has made or is making any effort to trump up allegations against the applicant, but the charges that were preferred against him were preferred upon being satisfied that a prima facie case was disclosed against him.”

    They denied Saraki’s allegation that his rights were being violated with his trial by the CCT, arguing that aside that the charges were validly preferred, the Court of Appeal, Abuja has, in its judgment of October 30, 2015 upheld the CCT’s position that it possessed the jurisdiction to try Saraki based on the charge.

    In their notice of objection, they challenged the court’s jurisdiction to hear Saraki’s fresh suit, noting that the reliefs he was seeking in the new suit are contained in a similar suit marked: FHC/ABJ/CS/775/2015, which he earlier filed before the court, and which has now been assigned to Justice Evoh Chukwu of Court 8 for hearing.

    Saraki is, by the new suit, seeking to stop all the respondents, including the CCT, CCB from proceeding with his trial. He accused them of violating his rights.

  • Court rejects Saraki’s new application against CCT

    Justice Abdulkadir Abdulkafarati of the Federal High Court, Abuja, has rejected a new application filed by Senate President, Bukola Saraki, for an order of interim injunction stopping the Code of Conduct Tribunal (CCT) from trying him.

    The judge, in a ruling on Monday, a certified true copy (CTC) of which The Nation sighted on Wednesday, refrained from granting the prayer sought by Saraki through an ex-parte application argued by his lawyer, Raphael Oluyede.

    Instead, the judge ordered Saraki to put the respondents on notice by serving them with the motion.

    He directed them to appear before the court on Friday to explain why the reliefs sought by the applicant should not be granted.

  • Supreme Court directs CCT to suspend Saraki’s trial

    Supreme Court directs CCT to suspend Saraki’s trial

    The Supreme Court on Thursday directed the Code of Conduct Tribunal (CCT) to suspend proceedings in the trial of Senate President, Bukola Saraki.

    The apex court asked the CCT to “tarry awhile” and await its decision in the appeal filed by Saraki.

    The directive by a five-man panel, led by Justice John Fabiyi, followed an undertaking by respondents’ lawyer, Rotimi Jacobs (SAN), to the effect that since the court has granted accelerated hearing in the appeal, he will prevail on the CCT not to proceed with trial until the apex court rule on Saraki’s appeal.

    “The appellant’s brief of argument was filed yesterday (November 11, 2015). The respondents’ brief of argument shall be filed within seven days from today. If need be, the appellant’s reply shall be filed within seven days thereafter.

    “All these point to the fact that both parties are interested in expeditious hearing of the main appeal before this court.

    “Learned counsel for the respondents has given an undertaking that no unusual steps would be taken on behalf of the respondents. It is imperative to say that parties, as well as the Chairman of the Code of Conduct Tribunal (CCT), should tarry awhile.

    “In effect, further proceedings before the Code of Conduct Tribunal should be stayed pending the hearing of the main appeal. Hearing date shall be communicated to the parties in due course,” Justice Fabiyi said in a ruling that was adopted by other members of the panel.

    Earlier, Jacobs and Saraki’s lawyer, Joseph Daudu (SAN), argued the Senate President’s application for stay of proceedings pending the determination of the appeal.

    While Daudu prayed the court to order a stay of proceedings at the CCT, Jacobs argued otherwise, contending that Saraki was only interested in frustrating his trial before the tribunal by filing multiple applications in various courts.

     

  • Falana to Saraki: stop attending CCT with senators

    Falana to Saraki: stop attending CCT with senators

    Lagos lawyer, Femi Falana (SAN), has urged Senate President Bukola Saraki to stop attending the sittings of the Code of Conduct Tribunal (CCT) with other senators.

    The frontline lawyer noted that it was illegal and unlawful for the Senate President to suspend Senate’s sittings whenever his case was to be heard at the CCT.

    Besides questioning the political will of President Muhammadu Buhari’s administration to fight corruption and impunity in the country, Falana said the action of the Senate and its President was an assault on the nation’s collective morality.

    In an address, titled: As Corruption Fights Back, delivered on Monday at the investiture of Mr. Dare Oseni as the 2015/2016 President of the International Association of Lions Club, Lagos Isolo Lions Club, at Samkoll Graden, Idimu, Lagos, Falana noted that Saraki violated Paragraph 1 of the Code of Conduct for Public Officers.

    The paragraph states that a public officer shall not put himself in a position where his personal interest conflicts with his duties and responsibilities”.

    Falana stressed that Saraki violated the paragraph by suspending Senate’s sittings to enable him to attend court sittings in company of fellow senators.

    He said: “If this morally despicable behaviour is not halted, the distinguished senators may soon resolve to appear in the various courts in the country in solidarity with other members who are facing terrorism and corruption charges.

    “As the Senate President, Dr Bukola is required to preside over the affairs of the legislative house in the discharge of its constitutional duty of making laws for the country. Attendance at court sittings in solidarity with any criminal suspect is certainly not part of the constitutional responsibilities of the senate.”

    The frontline lawyer averred that it was wrong to allow public servants facing corruption allegations to remain in office in the course of the trial.

    He said the proper thing was for such officers to step aside, pending when they would be cleared of such allegations.

    According to him, paragraphs 303, 404 of the Federal Government Public Service Rules (Corrected Version 2008) stipulates that when a public officer is charged to court with a criminal offence he/she shall be interdicted and cease to report for duty until the determination of the case.

    Falana noted that this contradicted what he called the misleading impression by some lawyers that public officers accused of corruption could not be asked to step aside.

    He said: “During the period of interdiction the public officer concerned shall be entitled to 50 per cent of his/her entitlements provided that if he/she is discharged or acquitted, the officer shall be immediately reinstated and receive his/her full entitlements which have been denied him/her during the period of interdiction.”

     

  • Orubebe arraigned at CCT

    Orubebe arraigned at CCT

    •  Pleads not guilty • Trial begins Nov 26

    Ex-Niger-Delta Minister Godsday Orubebe was yesterday arraigned at the Code of Conduct Tribunal (CCT) in Abuja on a four-count charge of false assets declaration and acceptance of bribe.

    He pleaded not guilty.

    Orubebe was accused in counts one and two of failing to declare his ownership of two property in Abuja.

    In counts three and four, the ex-minister was alleged to have received N70million bribe from Pastor Jonathan Alota, whose company, Chemtronics Nigeria Ltd, the ministry awarded contracts.

    Clad in a white traditional attire and a black hat, he arrived the tribunal’s sitting venue in Jabi, Abuja about 9:20am. He was accompanied by a crowd comprising youths and women.

    Some came with drums, while others carried placards condemning the trial, which they described as “injustice” and “an anti-corruption war targeted at Niger-Delta indigenes.”

    When the case was called at 10:50am, Orubebe went into the accused box.

    He stood in the box briefly before the CCT Chairman, Danladi Umar, directed that a chair be provided for him to sit.

    Prosecution lawyer, Musa Ibrahim Usman, told the tribunal that the day’s business was the arraignment of the accused.

    Without objection from the defence team led by Selekeowei Larry (SAN), an official of the tribunal read the charge to Orubebe, a count after the other, to which he pleaded not guilty.

    Shortly after his plea, the prosecution’s lawyer sought a short adjournment to enable him prepare his witnesses.

    Usman said his witnesses, particularly his key witness, were outside the Federal Capital Territory (FCT).

    Larry expressed disappointment that the prosecution was not ready for trial. He said the defence was eager to clear its name.

    The defence lawyer’s request that the prosecution should provide a brief rundown of its case against his client was not allowed by the tribunal chairman, who noted that such verbal review of the case was unnecessary where the defence was already served with the proof of evidence.

    Upon an application by Larry, the tribunal chairman said under the tribunal’s rules, accused persons were entitled to bail without any condition attached to it, but that such an accused must always attend proceedings until the case is concluded.

    He frowned at the inability of the prosecution to open trial even when the defence was not opposed to the beginning of trial.

    “You are expected to always be prepared. This is the essence of the Administration of Criminal Justice Act (ACJA) 2015. As at the time of arraignment, you are expected to be ready with your witnesses.

    “You do not bring people from far distance to court and not be ready to conduct your case. All your witnesses should be in court on the next date, so that we do not experience any delay,” Umar said.

    He adjourned till November 26 for definite trial.

    While proceedings were on, it was a carnival-like atmosphere outside the tribunal’s premises, as the crowd of drum-bearing and placards-carrying youths and women drummed and sang Orubebe’s praise.

    Although a team of policemen later pushed them away from the tribunal’s entrance, they persisted in their drumming and praise singing until proceedings ended after noon.

    The crowd hailed Orubebe as he exited the tribunal’s premises in his car and headed home.

  • Court dismisses Saraki’s fresh bid to stop trial

    Court dismisses Saraki’s fresh bid to stop trial

    The Federal High Court in Lagos on Friday dismissed a fresh application by Senate President, Bukola Saraki, to stop his trial at the Code of Conduct Tribunal (CCT).

    Justice Ibrahim Buba held that he lacked jurisdiction to entertain the suit.

    He said it ought to have been filed in Abuja where the cause of action took place.

    The judge said Saraki could not prove that his rights were about to be violated in Lagos.

    “He has to proffer the reason for the court to hold that his right is about to be violated in Lagos State. The key word is ‘state’,” said the judge.

    The Attorney-General of the Federation, Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices Commission (ICPC) and Inspector-General of Police were the respondents.

    Others were – the Code of Conduct Bureau (CCB), the CCT, its chairman Justice Danladi Umar, and members Mr. Ataedze Adza, Mr. Sam Saba, Mohammed Diri and Mr. M.S. Hassan.

    Saraki, through his lawyer Ajibola Oluyede, had sought a declaration that his trial at the CCT falls short of the requirements of Article 3 of the African Charter on Human and Peoples Rights and Section 36 of the 1999 Constitution.

    He said there was “clear appearance of bias” against him, as well as an “apparent pursuit of a pre-determined agenda for the humiliation and conviction of the applicant.”

    The Senate President sought an order nullifying the charges at the CCT, and an order restraining the tribunal from continuing with his trial.

    The applicant prayed the court to restrain the AGF, EFCC, Saba, Diri and Hassan from continuing with the trial at CCT or any other judicial forum.

    He further sought a declaration that the “obvious subjugation and use of the respondents against the applicant for the political objectives of the ruling political party at the federal level, the All Progressives Congress, amounts to an exercise of executive power for ulterior motives and not for the public good.”

    According to Oluyede, the respondents are humiliating and prosecuting Saraki on trumped up charges “with the intention of securing his removal, impeachment and or resignation from office as Senate President.”

    He said the respondents’ actions constituted an infringement of the applicant’s fundamental rights to be presumed innocent until proven guilty and to be given a fair hearing by an impartial tribunal.