CCT freed Bola Tinubu in error - Rotimi Jacobs

Date: 2016-03-18

Rotimi Jacobs, a senior advocate of Nigeria and the Federal Government prosecuting counsel in the 13 count charge of false assets declaration trial of Senate President Bukola Saraki on Thursday said the Code of Conduct Tribunal (CCT) was misled to discharge former Governor of Lagos State Bola Ahmed Tinubu when he was arraigned before it in November, 2011.

He was charged with operating foreign bank accounts, contrary to the constitution.

The tribunal had then dismissed the case against former Lagos state governor based on arguments that the bureau did not establish a prima facie case and also engaged in abuse of process in filing the charges against him.

Tinubu was accused of operating 10 foreign accounts during his tenure as governor between 1999 and 2007 in the charges filed against him by CCB at the tribunal.

But the three-man panel of the Tribunal dismissed the case at the second appearance of the former governor at the court as it declared that “there is no significant basis to proceed against Tinubu as the charges were “defective and shoddy.”

The tribunal also said that the prosecution abused the process of court by not seeking leave of the Tribunal to file two additional counts and that the filing of two sets of charges simultaneously constitutes an abuse of process.

The Chairman of the tribunal, Danladi Umar who is also presiding over the ongoing case against the Senate President had also noted that the charges did not disclose a prima facie case against the accused person as there was no proof of evidence attached to the charge.

He added that the charges against Tinubu did not show that the accounts were held by the accused persons. “some (of the foreign accounts) even bear female names…how can the accused be made to answer such charges?”

Also, the Tribunal said in its judgment that contrary to the rules, the Bureau had not afforded Asiwaju Tinubu an opportunity to be confronted with the complaints against him and be allowed to admit or deny before the charges were filed against him.

The Tribunal said opportunity to admit or deny was given to ten other Governors and public officers charged with violation of the code of conduct, but was not given to Asiwaju Tinubu.

“The accused should have been invited to either admit or deny the charge. The complainant has no evidence to show that they invited the accused.” Justice Umar said.

On Friday, Kanu Agabi, the lead prosecution counsel to the Senate President had made reference to the decision of the Tribunal in the Tinubu’s trial, asking that the former Kwara State Governor should also be allowed to go home.

This, according to him was because Saraki was also not informed on the charges or asked to defend himself against the allegations before the CCB brought him before the Tribunal.

“The result of the investigation by Bureau is expected to be presented to Your Lordship. Where is it?” Where is the reference? We don’t have it, you can strike it out and let them start afresh.

“He has not been invited, he should be invited like Tinubu. He is the Senate President of this country. We have not been invited, it is not discriminatory.

“My Lord, the reason you said you allow Tinubu to go home was that ten other governors was invited, but he was not invited, the defendant is a former governor,” Agabi said while asking the Chairman of the Tribunal to strike out the charges against the Senate President.

But while countering the argument, Jacobs told the Tribunal that the CCB did not need to invite the defendants to make any clarification on the discrepancies in his assets because section 3, part one of third schedule of the 1999 Constitution has removed such conditions.

He said the argument was only applicable under the 1979 constitution, arguing that the defendants was relying on old law to canvass his argument.

As such, the prosecution counsel urged the court to reject Agabi’s plea that his client should also be discharged like the former Lagos Governor as the Tribunal was misled to discharge him based on this old provision of the law.

Source

 

Cloud Tag: What's trending

Click on a word/phrase to read more about it.

Muhammad Ghali Alaaya     Kola Ologbondiyan     Kayode Yusuf     Mohammed Khadijat Kubura     Dar-Al-Handasah Consultants Ltd     George Innih     Ilorin Talaka Parapo     Mohammed Abduraheem     Isaac Gbenle     Alapansapa     Umar Ahmed Gunu     Aso Ofi     Olatinwo     Elekoyangan     Okala Baba     Saka Asiat Ayinke     Falokun-Oja     Tsaragi/Share     Temi Kolawole     Balogun Fulani     Javed Khan     Biliaminu Aliu     Oro Grammar School Old Students Association     Lateef Fagbemi     Shoprite     AbdulRazaq Jiddah     Erubu Oba Zubair     Guber Aspirant     First Lady     Abubakar Bature Sulu-Gambari     Abdulwahab Ololele     Irepodun     Tafida Of Kaiama     Trade Lenda SME Fair     Christopher Ayeni     Sheriff Shagaya     Amada Jidda     Ahman Pategi University     KFA     Emir Of Yashikira     JMK Construction Company Limited     Opobiyi     Bello Oyedepo     Elese Of Igbaja     Joseph Alex Offorjama     Alore     Ojuekun Sarumi     Mohammed Abdulahi     School Of Nursing     Vasolar     Ahmed Idris Mohammed     Babata     Maryam Nurudeen     Femi Oladiji     Kwara Metro Park     Simeon Sule Ajibola     Suleman Abubakar     Ganiyu Abolarin     Oju Ekun Sarumi     Mopelola Abdulmaliq-Bashir     Dan-Kazeem     Shao     Mohammed Ghali Alaaya     Kwara Liberation Group     Aliyu Sabi     Charcoal     Abioye Bello     Odo-Owa     Saliu Mustapha     Abdulrosheed Okiki     Ilorin Innovation Hub     Lanre Olosunde     Col. Ibrahim Taiwo     Onilu     Ayoade Akinnibosun     Gbemisola Saraki     Alapado    

Cloud Tag: What's trending

Click on a word/phrase to read more about it.

Hamid Bobboyi     Kwha.gov.ng     Mahe Abdulkadir     Elese Of Igbaja     Abdulkadir Bolakale Sakariyah     CELF     Kwara State Fish Farmers Association     Umar Saro     Olabode Towoju     Durbar Festival     Tunde Oyawoye     Rotimi Oyedepo     IFK     Bolaji Abdullahi     Oloje     Abdulrahman Abdulrazak     Okanlawon Musa     Baba Adini Of Kwara State     Yahya Mohammed     Sa\'adu Gambari     Sulyman Age AbdulKareem     Ajikobi     Gbemi Saraki     Ganiyu Taofiq     Timothy Akangbe     Saheed Akinwumi     New Model Police Station     Ibrahim Abdullahi     Communication Network Support Services     Jimoh Saadudeen Muhammed     Local Government Pension Board     AbdulRauf Keji     Oni Adebayo     CBT     Salake     Tsado Manman     Amoyo     Abdulrahman Abdullahi Kayode     Onilu     Abdulkadir Remi Hawawu     Jimoh Lambe Abdulkareem     Ibrahim Abdulkadir Abikan     Bola Magaji     COVID     KWSIEC     Saka Aleshinloye     Offa Poly     Special Agro-industrial Processing Zone     TETFUND     IEDPU     Hikmah AbdulKareem     Computer Based Test     Abdulrosheed Okiki     Oba Mogaji Abdulkadir     Patigi Regatta     Towoju     Al-Ilory     Sa\'adu Salau     Saka Onimago     Kwara State Government     Yakubu Dogara     Busari Toyin Isiaka     Mashood Abdulrafiu Agboola     Idris Garba     Okoolowo     Kwasu     Waheed Ibrahim     Amasa     Baba Idris     Galadima     Ilorin Curfew     Toyosi Thomas     Saliu Tunde Bello     Saliu Shola Taofeek     Maryam A. Garuba     Igbomina     General Hospital, Offa