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Tag: CCT

  • Justice Ngwuta faults trial before CCT

    Justice Ngwuta faults trial before CCT

    Justice Sylvester Ngwuta of the Supreme Court has fualted his on-going trial before the Code of Conduct Tribunal (CCT) on allegation of failure to comply with the assets declaration law.

    Justice Ngwuta, in a motion filed on January 9 by his team of lawyers, led by Kanu Agabi (SAN), wants the tribunal to dismiss the charge filed against him by the state.

    He argued, among others, that by virtue of the provisions of sections Section 318,  158(1) and Paragraph21(B) of the 3rd Schedule to the Constitution, the tribunal was without the requisite jurisdiction to hear the case.

    The Code of Conduct Bureau had on March 21, 2017 filed an eight-count charge against Justice Ngwuta, in which he was among others, accused of contravening the Code of Conduct Bureau and Tribunal (CCB/T) Act for failing to declare some of their assets.

    He pleaded not guilty to the charge upon his arraignment last year, folwoing which the prosecution opened its case.

    The judge is also being tried before Justice John Tsoho of the Federal High Court on a separate charge of corruption related offences.

    But, in the motion he filed on January 9 this year, Justice Ngwuta, relying on the recent judgment of the Court of Appeal, Lagos division in the case of case of Hon. Justice Nganjiwa v. FRN (2017) LPELR – 43391 (CA), urged the CCT to dismiss the charge against him on the grounds that it lacked jurisdiction.

    Justice Ngwuta hinged his motion on the grounds that He is a serving Justice of the Supreme Court, hence a judicial officer within the contemplation and purview of Section 318 of the Constitution.

    He argued that by the combined effect of Section 158(1) of the Constitution and Paragraph21(8) of the 3rd Schedule to the Constitution, any complaint or allegation of misconduct against the applicant must first go to the National Judicial Council (NJC), which body is constitutionally empowered to exercise disciplinary control over the applicant.

    Justice Ngwuta argued that the allegations, subject of the present charge against him, were never referred to and/ or determined by the NJC prior to the institution of this criminal charge by the respondent.

    He noted that the Court of Appeal, in the recent case of Justice Nganjiwa v. FRN (2017) LPELR – 43391 (CA) held that no criminal investigation or prosecution can be initiated or instituted in any court of law or tribunal against a serving judicial officer for judicial misconduct without first, presenting such allegations to the NJC and a determination thereof by the NJC.

    Justice Ngwuta contended that by the combined effect of Section 158(1)of the Constitution, Paragraph 21(8) of the 3rd Schedule to the Constitution and the decision of the Court of Appeal in Nganjiwa v. FRN, the charge pending against him before the CCT “is incompetent, premature, in gross violation of the Constitution and liable to be dismissed.

    “The charge before this honourable tribunal is part-heard and issues of jurisdiction can be raised at anytime before judgment,” he said.

    Justice Ngwuta stated, in a support affidavit, that until the NJC finds him guilty of an act of misconduct or breach of his oath of office, the respondent cannot institute any criminal prosecution against the applicant on any such allegation.

    The motion and a yet to be filed response by the prosecution would be heard on January 23 when proceedings resume in the case.

  • FG asks Supreme Court to restore charges against Saraki

    FG asks Supreme Court to restore charges against Saraki

    The Federal Government has asked the Supreme Court to restore the charges it brought against Senate President, Bukola Saraki, before the Code of Conduct Tribunal (CCT).

    The federal government wants the Supreme Court to set aside part the December 12, 2017 judgment of the Court of Appeal, Abuja, which struck out 15 of the 18 charges against Saraki.

    The government’s request is contained in a cross-appeal it filed, complaining against part of the judgment, particularly where the Appeal Court held that the prosecution did not establish a prima facie case in counts 1, 2, 3, 7 and 18 of the false assets declaration trial.

    Saraki was charged before the CCT on charges of corruption and false declaration of assets.

    At the conclusion of the prosecution’s case, Saraki made a no case submission, which the CCT, in a ruling of June 14, 2017, upheld and discharged and acquitted him on the grounds that the prosecution failed to prove its case.

    Upon appeal at the Appeal Court by the state, the appellate court, in its December 12, 2017 judgment, held among others that the prosecution was able to establish a prima facie case against Saraki in three of the 18 –count charge brought against the Senate president.

    The counts are – 4, 5 and 6.

    The Appeal Court ordered that Saraki be made to enter defence in respect of the three charges when trial resumes before the CCT.

    Saraki had since approached the Supreme Court for relief and asked the apex court to set aside the aspect of the judgment where he was ordered to enter defence before the CCT.

    But, in its 15-ground cross appeal, the prosecution led by Rotimi Jacobs (SAN), wants the 15 counts voided by the Court of Appeal restored by the Supreme Court to enable Saraki defend himself against all the 18 charges.

    The cross appellant faulted the Court of Appeal’s decision that the prosecution failed to establish a prima facie case in relation to the voided 15 counts.

    It argued that by the decision, the appellate court failed to give effect to  paragraphs 11(2), 11(3) and 13 of Part 1, 5th Schedule of the Constitution that placed the burden on the defendant to prove his/her innocence.

     

  • Assets declaration: Justice Ngwuta asks CCT to dismiss charges

    Assets declaration: Justice Ngwuta asks CCT to dismiss charges

    Justice Sylvester Ngwuta of the Supreme Court has faulted his ongoing trial for alleged non-compliance with the assets declaration law at the Code of Conduct Tribunal (CCT).

    Justice Ngwuta, in a motion filed on January 9 by his team of lawyers led by Chief Kanu Agabi (SAN), wants the tribunal to dismiss the charge filed against him by the state.

    He argued that by virtue of the provisions of sections Section 318, 158(1) and Paragraph 21 (B) of the 3rd Schedule to the Constitution, the tribunal was without the requisite jurisdiction to hear the case.

    The Code of Conduct Bureau (CCB) had on March 21, 2017 filed an eight-count charge of false assets declaration against Justice Ngwuta.

    In the charges, he was accused of contravening the Code of Conduct Bureau and Tribunal (CCB/T) Act by failing to declare some of their assets.

    He pleaded not guilty to the charges upon his arraignment last year, following which the prosecution opened its case.

    The judge is also being tried before Justice John Tsoho of the Federal High Court on separate charges of corruption.

     

  • Appeal Court verdict vindicated me – Saraki

    Appeal Court verdict vindicated me – Saraki

    The President of the Senate, Dr. Bukola Saraki, has said Tuesday’s verdict by the Court of Appeal freeing him from 15 of the 18 charges preferred against him by the Code of Conduct Tribunal (CCT) vindicated him.

    In a statement by his media adviser, Yusuph Olaniyonu, Saraki expressed the belief that the appellate court’s decision to uphold a no-case-submission on 15 of the 18 count charges confirmed his innocence.

    “At least, today’s judgement has confirmed the position of the tribunal that the prosecution’s case was entirely based on hearsay, not on any concrete evidence.

    “The verdict of the Court of Appeal, just like that of the tribunal before it, aligned with our position that the preposterous claims made during trial by the prosecution concerning operation of foreign accounts, making anticipatory declarations, collecting double salaries, owning assets beyond his income and failure to declare assets owned by companies in which the Senate President owns interests, among others, have fallen like a pack of cards and lack any basis.

    “On the remaining three counts, which really touch on two issues, referred back to the tribunal for the Senate President’s defence, it should be noted that the Appellate Court only gave a summary of its decision today promising to provide the parties with Certified True Copies of the judgment soon. As soon as it makes the details of the judgement available, our lawyers will review the grounds of the decision and take appropriate action.

    “We remain convinced about the innocence of the Senate President on the three ( or two) counts because we believe the decision of the Court of Appeal is not consistent with the submissions made by both parties at the tribunal. Thus, it is our view that that aspect of the judgment will not stand.”

    Saraki added that his confidence and faith in the nation’s judiciary and its ability to dispense justice to all manners of people remained unshaken.

  • Pointless policies

    Professor Juliana Taiwo Makinde provided information worth thinking about when she delivered the 307th Inaugural Lecture of the Obafemi Awolowo University, Ile-Ife, Osun State, on September 12. She is “the first female Professor of Public Administration in Obafemi Awolowo University, Ile-Ife, and also the first female Professor to give an Inaugural Lecture in the Department of Public Administration, OAU, Ile-Ife.” She focused on “Policy Somersaults, Poverty of Policy Implementation and Corruption: Obstacles to Development in Nigeria.”

    She showed “discontinuity in government policies as evidenced in the way First Ladies embarked on new programmes as soon as they come on board.” Her list: “The Better Life Programme” (BLP) was put in place in 1987 by the late Mrs. Mariam Babangida when her husband General Ibrahim Babangida was the Military President of Nigeria.  After her exit, the “Family Support Programme” (FSP) came into existence in 1994 after General Sani Abacha became the Head of State in November 1993.  After Mariam Abacha came Mrs. Fati Abubakar who initiated her own programme and suspended that of Mrs. Abacha.  Her own programme was named “Women’s Right Advancement and Protection Alternative” (WRAPA).  With the exit of Mrs. Abubakar, WRAPA metamorphosed into “Child Care Trust” (CCT) under the late Mrs. Stella Obasanjo.   The pet project of the wife of the successor of Obasanjo – Turai Yar’Adua was “Women and Youth Empowerment Foundation.” Dame Patience Jonathan also had her own pet project which she named “Women For Change Initiative” while the present First Lady, Aisha Buhari, has her own project called “Project Future Assured” (PFA).” She observed that the list “reflects discontinuity of programmes in Nigeria…Each First Lady, rather than continue with the predecessor’s programme, preferred to embark on a new one.”

    Makinde also listed “some somersaulted policies”: “They include policy on poverty alleviation, and policy on education.  Starting with policy on poverty alleviation, it is on record that since independence, many programmes, which include Operation Feed the Nation (OFN: 1979), the National Directorate of Employment (NDE: 1986), the Better Life Programme (BLP: 1987), People’s Bank (1989), Community Bank (1990), and the National Poverty Alleviation Programme (NAPEP 2001), had been established by various governments at one time or the other to tackle the problem of poverty and food insecurity.” Her conclusion: “In spite of all the above-mentioned programmes, poverty is still very visible among Nigerians.”

    This brings us to the pointlessness of policies that never get to the point. Makinde said: “Various studies have shown that most government policies have failed, at the implementation stage, to achieve the desired results.” Policy making without successful policy implementation amounts to daydreaming.

     

  • Why FG’s appeal of CCT verdict is a must

    SIR: The no case verdict of Code of Conduct Tribunal on the asset declaration infractions alleged against Senate President Bukola Saraki remains a watershed in the annals of jurisprudence in Nigeria.

    The case remains novel, first for the discharge and acquittal awarded by the tribunal chairman whereas the tribunal is constitutionally empowered to discharge and not to acquit; and secondly, for its sweeping discountenance of what the prosecution counsel regarded as overwhelming evidence of infractions proven by prosecution witnesses.

    It is gratifying that the Federal government has expressly appealed this judgement thereby living no room for speculation as to intervening political nuances. Allowing the judgment to fly without appeal would have degraded the anti-corruption outlook of Buhari’s government.

    The case which is a matter expected to terminate at the Supreme Court would provide an enduring jurisprudential precedence in the administration of code of conduct going forward.

    Furthermore, it smacks of moral insensitivity for the Senate to have celebrated the rather cold comfort when the case is still open to adjudication by courts of superior jurisdiction. It is also inchoate to advance the theory of political witch-hunt as if to suggest that we are in a banana republic where laws are skewed in favour of a suspect for his perceived political predilections.

    The rule of law is preserved when both the victim and the villain are given opportunity for redress based on equity and justice.

    Nigerians ought to wish both the prosecution and defence teams the best of luck and insulate the conversation from any extraneous spin pending the apex court’s ruling.

     

    • Bukola Ajisola,

    bukymany@yahoo.com

  • I’ll win again at Appeal Court – Saraki

    I’ll win again at Appeal Court – Saraki

    The Senate president, Bukola Saraki, expressed optimism on Friday that the Appeal Court would uphold the verdict of the Code of Conduct Tribunal (CCT) which discharged and acquitted him on charges of false assets declaration.

    The CCT had on June 14 acquitted the Senate president on charges of false assets declaration.

    Saraki, in a statement issued by his Special Adviser on Media and Publicity, Yusuph Olaniyonu, said he was confident that the appeal court verdict would not be different from that of the CCT as the facts of the case remained the same and the grounds on which the tribunal’s decision was based remain unassailable.

    He also alleged there were forces in President Muhammadu Buhari’s administration and collaborators outside the government who were bent on “pulling him down.”

    The statement reads: “Anybody who has been following the proceedings and the evidence given by the prosecution witnesses during examination in chief and cross-examination should know that if presented before any court of justice and law, the same outcome as in the CCT would be arrived at.

    “Those who are running commentary on the ruling by the tribunal and criticising it are those who are not even familiar with the case and the details coming out of the trial. That is why Dr. Saraki continues to wonder how desperate some people in government and their collaborators outside have become to pull him down at all cost and by all means up to the point that they do not care if they destroy the institution of the judiciary in the process.

    “That is why they sponsored stories of allegation of bribery in an online publication against the tribunal judges. The Senate president seizes this opportunity to call on security agencies to immediately commence investigation on this bribery allegation. It is his views that those who made the allegation should be invited to substantiate their claims.

    “This same desperation made a man like Prof. Itse Sagay, the Chairman of the Presidential Committee on Anti-Corruption to appear on tape, admitting in a foreign country that he interfered with the process in the tribunal when in an unethical manner he was instructing the judge on how to conduct the trial.

    “Corruption is not just about giving or diverting money; when an official interferes with the judicial process with a view to achieving personal objectives, it is corruption.

    “The Senate president notes that another sign of desperation by those who want to get him convicted at all cost was the failed antics of the prosecution counsel, Mr. Rotimi Jacobs (SAN) who, in collusion with the Economic and Financial Crimes Commission sought to manipulate evidence at the tribunal.

    “On realising the fundamental flaw in its case as it did not invite the defendant to make any statement at any point in the investigation, the prosecution brought in an agent of the EFCC to tender old statements Saraki made in a totally different and unrelated matter that had nothing to do with false assets declaration.”

    The statement stressed that the prosecution forgot that the letter inviting Saraki to make the tendered statements explicitly mentioned the matter being investigated and there were documents to prove this.

    It added: “The prosecution tried to circumvent the judicial process by ensuring that the witness did not enter into the witness box so as not to be on oath. However, the tribunal, as it is obvious in its ruling, saw through the dirty trick. It, therefore, disregarded that piece of evidence and described it as irrelevant and of no value to the case.

    “If not desperation by the prosecution, why is the EFCC so involved in a case of false assets declaration which is an exclusive preserve of the Code of Conduct Bureau? All the evidence presented during the trial were from the EFCC.

    “The commission rendered the CCB a second fiddle player. That is why the only CCB witness presented by the prosecution gave what the tribunal referred to as ‘hearsay evidence’. The CCB chief prosecutor testified that he got his instruction to investigate the case orally. He  made his report from the investigation orally. Even the directive to ‘collaborate with EFCC’ on the investigation was given orally, a development the tribunal found strange and unknown to law.

    “All these antics aimed at perverting the course of justice were obvious throughout the period of the tribunal’s sitting. Though, one is conscious of the fact that the anti-graft agency and its allied bodies are frantically looking for a poster-case to sell its anti-corruption campaign and there is the hunger for conviction in a celebrated case to advertise in the international arena government’s determination to pursue the anti-graft campaign. We implore them to achieve this aim by allowing justice to take its normal course.”

     

     

     

     

  • FG appeals Saraki’s acquittal by CCT

    FG appeals Saraki’s acquittal by CCT

    … Why we appealed tribunal’s verdict – AGF

    The Federal Government on Wednesday appealed the acquittal of Senate President, Bukola Saraki, for false asset declaration by the Code of Conduct Tribunal (CCT).

    The 11-ground notice of appeal was filed through Mr. Rotimi Jacobs (SAN) and Pius Akutah, an assistant Chief State Counsel, at the Court of Appeal in Abuja.

    The tribunal had on June 14 discharged and acquitted the Senate President on the 18-count charge of false assets declaration.

    The government, in the appeal, urged the court to set aside the CCT judgment that upheld the no case submission filed by Saraki and ask him to enter his defence.

    Meanwhile, the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, said on Wednesday that his total commitment to the anti-graft war informed his decision to approve the appeal filed against the CCT ruling.

    Malami, in a statement signed by his Special Adviser on Media and Publicity, Mr. Salihu Isah and the Special Assistant to the President on Prosecution (AGF Office), Okoi Obono-Obla, highlighted several measures he had put in place to fight corruption as demonstration of his commitment to the anti-graft crusade of the present administration.

    He insisted that despite some recent setbacks suffered in the anti-corruption war, the fight would continue to be fought “resolutely, painstakingly, doggedly, purposefully and determinedly with all the constitutional and legal tools at the disposal of the Federal Government.”

    The statement reads: “The Honourable Attorney General of the Federation wishes to assure Nigerians that despite some recent setbacks recorded in some of the cases involving politically exposed people; that the war against corruption is fully on course.

    “It shall be fought resolutely, painstakingly, doggedly, purposefully and determinedly with all the constitutional and legal arsenals at the disposal of the Federal Government of Nigeria.

    “The Federal Government is more than ever before committed towards the complete eradication of the scourge of corruption and graft in the country.

    “In this regard, the Honourable Attorney General of the Federation has directed that a Notice of Appeal be lodged against the ruling of the Code of Conduct Tribunal acquitting and discharging false assets declaration case preferred against the Senate President, Dr. Bukola Saraki.”

     

     

     

  • Saraki’s acquittal shocking – Sagay

    Saraki’s acquittal shocking – Sagay

    The Chairman of the Presidential Advisory Committee Against Corruption (PACAC), Prof. Itse Sagay (SAN), said on Wednesday he was shocked by the acquittal of Senate President, Bukola Saraki, by the Code of Conduct Tribunal (CCT).

    Sagay said he followed the case closely and was convinced that the prosecution presented sufficient evidence to secure a conviction.

    The PACAC chairman said he was concerned about Saraki’s acquittal based on a no-case submission, especially coming soon after Justice Adeniyi Ademola of the Federal High Court, who was accused of corrupt enrichment, was also similarly discharged.

    A no-case is a term in criminal law whereby a defendant seeks acquittal without having to present a defence.

    It refers to a submission made by a defendant or an accused in a court, which states that the claim or prosecution is not sufficient for conviction or judgment. The defendant supports his/her submission by pleading that the case is based on insufficient legal grounds.

    Sagay said he was “thoroughly shocked” that the CCT did not consider the prosecution’s evidence weighty enough as to reach a guilty verdict.

    Asked if he was bothered that Saraki’s acquittal on a no-case submission came soon after that of Ademola, Sagay said: “Of course I’m concerned.”

    The PACAC chairman added: “To start with, I’m shocked, because a lot of materials were put before the court. And for a court to uphold a no-case submission means that there was no prima facie case made.

    “That’s why I’m a bit shocked because I followed the proceedings very closely.

    “But there’s going to be an appeal. We’ll just wait and see happen then, but I’m thoroughly shocked, yes.”

    A former chairman of the Lagos Branch of Nigerian Bar Association (NBA), Mr. Chijioke Okoli (SAN), said the Federal Government seemed to be losing high profile cases involving politically exposed persons.

    He attributed it to a “multiplicity of factors,” including shortcoming on the part of the prosecution and the ability of high profile suspects to hire the best defence lawyers.

    Okoli, however, said the federal government had secured some convictions as published by the Economic and Financial Crimes Commission (EFCC) recently.

    He said: “We don’t have exact statistics to deal with (on loss of high profile cases). I’m aware that recently, EFCC chairman reeled out some impressive number of convictions they have secured.

    “However, from an anecdotal evidence based on what we read in the papers, it does appear that the politically exposed persons seems to be getting away scot free.

    “One may ask: ‘If the vast majority of politically exposed persons are getting acquitted, then is it the man on the street or you and I who are the perpetrators of this much vaunted bribery corruption?’

    “So, it’s something that does not lend itself to a straight forward answer. A number of it (losses) may well be due to the system. I don’t want to believe that the prosecution is inept as some people say.”

     

  • Asset declaration: Appeal Court quashes Orubebe’s conviction

    Asset declaration: Appeal Court quashes Orubebe’s conviction

    The Court of Appeal sitting in Abuja on Wednesday set aside the conviction of a former Minister of Niger Delta Affairs, Godsday Orubebe, for false asset declaration.

    The Code of Conduct Tribunal (CCT) convicted Orubebe for failing to declare some of his assets during his stint as minister.

    Orubebe was initially arraigned on November 9, 2015 on a four-count charge of false asset declaration.

    He was accused of failing to declare the Asokoro land and accepting bribe.

    A three-man panel of the appeal court held that the tribunal headed by Danladi Umar, was wrong to convict Orubebe for false asset declaration when he had sold the property he was accused of not declaring.

    Justice Abdu Aboki, who read the lead judgment, faulted the CCT’s conclusions in its October 4, 2016 judgement and proceeded to discharge and acquit Orubebe.

    The judge held that the issue before the  tribunal was not declaration of title,  but false declaration of assets and as such the unregistered instrument of transfer are admissible in proof of the payment of purchase price, which showed that Divention Properties Limited had acquired the property.

    The CCT had dismissed Orubebe’s claim that he sold the plot of land to the Managing Director of Divention Properties Limited, Akinwumi Ajibola, for  N10 million in 2011 and deployed the proceed to pay his rent.

    Umar, in the lead judgment said after analysing all the testimonies given by Orubebe, it was difficult to understand why the property he claimed to have sold about six years ago still remained registered in his name at the Federal Capital Territory (FCT) Land Administration.

    Umar said: “To the tribunal, this is very absurd and not credible. The tribunal observed that under the Lands Instrument Registration Law, the DW1 (Ajibola) was under obligation to register/document his right over Plot 2057.”