TheNewsGuru

Tag: CCT

  • Appeal Court overrules CCT, voids Orubebe’s conviction

    The Court of Appeal sitting in Abuja, on Wednesday, nullified the decision of the Code of Conduct Tribunal, CCT, which found former Minister of Niger Delta Affairs, Elder Godsday Orubebe, guilty of allegation that he falsely declared his assets in 2007.

    ImageFile: Godsday Orubebe
    Godsday Orubebe

    In a unanimous judgement, a three-man panel of Justices of the appellate court led by Justice Mohammed Abdul Aboki, voided Orubebe’s conviction on the premise that the CCT verdict occasioned a miscarriage of justice against him.

    Orubebe had in his Notice of Appeal marked CA/A/633c/2016, urged the appellate court to not only set-aside judgment the Justice Danladi Umar-led tribunal delivered against him on October 4, 2016, but to equally discharge and acquit him of the charge.

    The tribunal had in its verdict, said it was satisfied that Orubebe shielded his ownership of Plot 2057 Asokoro District, Abuja.

    Justice Umar who maintained that there was merit in the one-count amended charge the Federal Government entered against the former Minister, held that the said property should be forfeited to the government.

    The tribunal noted that though Orubebe claimed that he had already sold the land before he submitted the assets declaration form, the title documents still had his name six years after.

    Even though the tribunal confiscated the land from the defendant after it found him guilty of the offence of false declaration of assets contrary to section 15 of the CCB & Tribunal Act, Cap C15, Laws of the Federation of Nigeria 2007, it however declined to ban him from holding any public office.

    Meanwhile, dissatisfied with the verdict, Orubebe, through his lawyer, Mr. Selekowei Larry, SAN, raised three grounds he said the appellate court should consider and nullify his conviction.

    He prayed the appellate court to determine “Whether the tribunal was right in convicting the defendant for false declaration of plot 2057, Asokoro District, Abuja.

    “Whether the tribunal was right in holding that the said plot 2057 remained or remains the defendant’s property despite exhibits D1, D2, and D3 being documentary evidence of transfer of interest executed in favour of one Divention Properties Ltd by the defendant.

    As well as, “Whether the tribunal was right in suo motu raising the issue of non registration of Divention Properties Ltd’s title in respect of plot 2057 Asokoro District, Abuja and convicting the defendant thereon without granting party opportunity to be heard thereon”.

    The embattled ex-Minister prayed the tribunal to allow the appeal on the premise that the prosecution woefully failed to prove the false declaration of assets against him.

    According to him, “The said plot said not to be declared in the charge on September 26, 2007 was not yet given to the appellant as at then.

    “The appellant did not make any declaration of assets on June 29, 2011 as alleged on the charge. He only made a declaration on June 28, 2011, by which time he was no longer the owner of plot 2057. The plot 2057 Asokoro District, Abuja, was a gift of empty land by the respondent (FRN) which he received on June 13, 2011 and parted with the same day.

    “Having sold the said plot and executed D1, D2 and D3, he could not be reasonably expected to still declare it as his assets.

    “That the tribunal based its decision on an issue that was not put before it, but raised suo motu by it without giving parties opportunity to be heard, thereby rendering it a nullity

    “Accordingly, that the decision of the tribunal be set aside, the conviction quashed and the appellant be discharged and acquitted”.

    While upholding the appeal on Wednesday, the appellate court panel held that the tribunal went beyond the case that was brought before it by the prosecution.

    The court held that Orubebe’s trial was not based on his none declaration of title deed of the said property, but his alleged false declaration of his assets.

    It stressed that as such, the unregistered instrument of transfer of the said property was admissible evidence in proof of the payment of purchase price, which showed that the property was already acquired by Divention Properties Ltd.

    The appellate court stressed that the appellant could not have declared the same property he had parted with.

    The court faulted the CCT for raising the issue of non-registration of title deed of the property suo motu (by itself).

    “On the whole, it is our view that this appeal succeeded on its merit and is therefore allowed. The appellant is accordingly discharged and acquitted”, the court held.

     

     

  • BREAKING: CCT frees Saraki, says he has no case to answer

    BREAKING: CCT frees Saraki, says he has no case to answer

    The Code Of Conduct Tribunal, CCT has ruled that Senate President, Dr. Bukola Saraki has no case to answer in the 18 charges of non-declaration of assets brought against him by the Federal Government.

    The CCB had on September 16, 2015 filed a 13-count charge against Saraki for alleged false and anticipatory declaration of assets.

    The charges were increased to 15 on April 18, 2016 and another charge was added on April 27, 2016 to make it 16.

    The government later increased the charges to 17 on January 11, 2017 and finally to 18 on February 23, 2017.

    The Danladi Umar-led two-man panel of the CCT had reserved its ruling after hearing Saraki’s no-case submission and the Federal Government’s objection to it on June 8.

    The Senate President, through his no-case submission filed before the CCT on May 26, 2017, contended that none of the exhibits tendered and no evidence given by the four prosecution witnesses linked him to the alleged offences to warrant him to defend the charges.

    Details soon

  • CCT Judge queries use of public funds to buy vehicles for politicians

    CCT Judge queries use of public funds to buy vehicles for politicians

    Hon. Justice Agwadza William Atedze of the Code of Conduct Tribunal (CCT) has queried the use of public funds to buy vehicles for politicians, and counselled Socio-Economic Rights and Accountability Project (SERAP) to research the issues “to see how best we can reconcile our social and cultural values viz-a-viz the entire war against corruption and advise our policymakers accordingly.”

    Justice Atedze said this yesterday at the launch of SERAP’s latest report titled Combating Grand Corruption and Impunity in Nigeria: An Agenda for Institutional Reforms in Anti-Corruption Strategies. The report is published under a project to promote justice sector and anti-corruption oversight mechanism reform, which SERAP is undertaking in collaboration with the National Endowment for Democracy (NED), USA.

    Apart from Justice Atedze who represented the Chairman of the CCT, Hon. Justice Danladi Yakubu Umar at the report launch, other anti-corruption agencies that attended the event were the Economic and Financial Crimes Commission (EFCC); the Independent Corrupt Practices and Other Related Offences Commission (ICPC); and the Code of Conduct Bureau (CCB).

    Mr. Dauda Joki-Lasisi, Head of Procurement and Fraud Section of the EFCC who represented the agency at the report launch said that, “The fight against corruption can be likened to an allegory of a giant in the midst of ants, as little as an ant is, it may not be able to wear the trouser of a giant, but will remove it.”

    The Head of ICPC Lagos Office Mr. Olufemi Nofiu; and Mr. T. Collins who represented the Chairman of the CCB, Mr. Sam Saba echoed similar sentiments, promising to “do anything and everything within their powers to curb corruption in the country in its entirety.”

    All the anti-graft agencies renewed their commitment to work even harder to end the problem of grand corruption in the country, and end its devastating consequences.

    Chairman of the report launch Barrister Babatunde Ogala said that, “Corruption is simply a way of life for us all, it is deep, when you steal as a religious institution, you are as corrupt as any Nigerian. In my opinion, corruption is both cultural and religious, corruption is as big as this country, the way of curbing it is by changing our national orientation.”

    Barrister Ogala, who was former Chairman of the Lagos State House of Assembly Committee on Judiciary, also said that, “The EFCC ought to have offices even at the local government level. The society itself encourages and invests in corruption. As a legislator, I was constantly measured by what I did for individuals and not by the amount of law making I engaged in.”

    The report contains several recommendations among which is the call to the Chief Justice of Nigeria (CJN), Hon Justice Walter Onnoghen, to “ensure that all judges fully utilise the provisions of the Administration of Criminal Justice Act (ACJA) in the hearing of grand corruption cases before them.”

    Among other key recommendations, the report urges Justice Onnoghen to “ensure that judges, in situations where the ACJA rules apply, are made to follow the dictates of these innovative statutory interventions or face disciplinary action, and to incorporate into ongoing judicial trainings these crucial statutes and procedures as well as include the ACJA as part of the mandatory continuing legal education for all judges in Nigeria.”

    The report also recommends that “The Chief Justice and all other judges should also periodically disclose and publish their assets. The Chief Justice should promote full independence for the National Judicial Council including by allowing retired judges of proven integrity to lead the council.”

    Executive summary of the report read in part: “Corruption is a threat to democracy. It erodes confidence in and respect for democratic institutions and emerges as an obstacle to social, economic and human development. The fight against corruption is therefore crucial to achieve economic development and stability.”

    “Anti-corruption agencies in Nigeria generally have not met widespread expectations mainly because of lack of political will of those in government to fight grand corruption; absence of an over-all national anti-graft strategy; inadequate legal framework and resources and/or lack of full and effective implementation of new initiatives; limited independence and public trust; lack of an enabling climate and necessary know-how, and lack of basic ethical values.”

    “Anti-graft agencies should seek stiffer penalties for convicted corrupt officials and minimise the use of plea bargaining, to serve as deterrence; and the judiciary at all levels should assume leadership in this regard.”

    “The Government of President Muhammadu Buhari and the Acting President Professor Yemi Osinbajo should instruct the Attorney General of the Federation and Minister of Justice Abubakar Malami, SAN to urgently ensure the full and effective implementation and enforcement of the Practice Directions on Serious Crimes, 2013, and the ACJA Act 2015 in all courts and tribunals handling cases of grand corruption to ensure that stalling of prosecution by defence lawyers becomes history.”

    “The Government of President Muhammadu Buhari and the Acting President Professor Yemi Osinbajo should reform the anti-graft agencies in Nigeria with a view to granting them independence, freedom of action and adequate resources, so that they can carry out their mandates effectively.”

    “The Government of President Muhammadu Buhari and the Acting President Professor Yemi Osinbajo should instruct anti-corruption agencies to urgently publish reports of their investigations into the allegations of budget padding by the leadership of the National Assembly and to prosecute anyone suspected to be involved in grand corruption. President Buhari and Acting President Osinbajo should also ensure adequate protection for the Whistle-blower Abdulmumin Jibrin.”

    “The Government of President Muhammadu Buhari and the Acting President Professor Yemi Osinbajo should prioritise and give sufficient political and operational attention to the coordination of anti-corruption efforts, with coordination issues considered from the design stage of anti-corruption policy making, as many coordination efforts in the operations of anti-corruption agencies in Nigeria have failed because of their original design flaws.”

    “The EFCC and ICPC should urgently come up with strategies for prioritising corruption cases within states and local government levels. Corruption should not only be fought at the Federal level but also at the state and local government levels.”

    “The EFCC and ICPC should intensify processes to investigate and effectively prosecute state officials involved in diverting bailout funds”.

  • CCT: Saraki, Ngwuta, others to forfeit alleged undeclared assets

    CCT: Saraki, Ngwuta, others to forfeit alleged undeclared assets

    Sequel to their ongoing trial before the Code of Conduct Tribunal, CCT, Senate President Bukola Saraki and Justice Sylvester Ngwuta of the Supreme Court, may have their properties, which are subject of the charges leveled against them, temporarily forfeited pending the final determination of their cases.

    This is according to the CCT’s new Practice Direction, 2017, released last week.

    TheNewsGuru.com reports that the 26-paragraph Practice Direction, with commencement date of February 16, 2017, is signed by the CCT’s Chairman, Danladi Umar, and the other member of the tribunal, William Atedze.

    Paragraph 12 of the document, which deals with ‘Seizures’, gives the prosecution the discretion to apply (through ex-parte motion) for temporary forfeiture of assets which are subject of the trial pending the final determination of the case.

    It allows the prosecution to make the application for property seizure at the commencement of the trial or “at a reasonable time thereafter”.

    According to legal experts, since the new practice direction is a procedural framework, it will take immediate effect on ongoing cases.

    Paragraph 12 reads, “The prosecution may, at the commencement of the trial or at a reasonable time thereafter, apply to the tribunal for an interim order of seizure, forfeiture and confiscation of the property, the subject of the charge pending the final determination of same by the tribunal.

    “An application for temporary seizure may be heard in chambers or in open court by the tribunal.

    “Application for temporary seizure shall be made motion ex parte supported by an affidavit and schedule of the property to be so attached.”

    TheNewsGuru.com reports that Saraki is being prosecuted by the Federal Government before the CCT on 18 counts including mostly false assets declaration.

    According to The Punch, some of Saraki’s properties which are the subject of the charges preferred against him are located at 15, 17, 17A and 17B Mcdonald Street, Ikoyi, Lagos. Others are located at Plots 2481 and 2482 Cadastral Zone A06, Maitama, Abuja, (otherwise known as 1 and 3 Targus Street, Maitama, Abuja).

    Saraki is also accused of obtaining a N375m loan from Guaranty Trust Bank Plc on February 11, 2010, which he allegedly used to buy property in London.

    The Senate President was said to have failed to declare the London property.

    On his part, Justice Ngwuta was arraigned on eight counts before the CCT on April 20.

    Properties, which are subject of the case, are listed in seven of the counts.

    In count one to seven, the prosecution accused Ngwuta of false declaration of assets by failing to declare a parcel of land and properties in Abakaliki, Ebonyi State, as well as some luxury cars, all belonging to him, when he declared his assets to the Code of Conduct Bureau between June 2, 2011 and July 19, 2016.

    The offence is said to be contrary to Section 15 of the Code of Conduct Bureau Act, Cap C15 Laws of the Federation of Nigeria 2004 and punishable under Section 23(2) of the same Act.

    The Justice of the apex court is also accused in count eight of engaging in private business as a public officer, contrary to Section 6(b) of the Code of Conduct Bureau and Tribunal Act.

    Specifically, in count one to three he is accused of failing to declare his parcel of land measuring 1,722.952 Square Metres located at Umkpufu, Off Onwe Road, Azuiyiokwu, and properties at Plot 36, Onwe Road Layout as well as Plot 35, GRA Extention (Onwe Road) Layout, allin Abakaliki, Ebonyi State.

    In count four to seven, the Justice of the Supreme Court was accused of failing to declare between June 2, 2011 and July 19, 2016, the following cars as part of his assets:

    *A Wrangler Jeep with Vehicle No: VRG5553562034689, Chassis No: IJ4GA591581626734 and number plate RSH526AJ; a BMW 5 Series Saloon with Vehicle No: 7779067484832 and Chassis No: WBSWL91060P323876, marked KUJ510FU; a Hummer Jeep with Vehicle No: VRG77746900444362 and Chassis No: 5GRGN2389H101515 and number plate KWL881JE; a Liberty Jeep with Vehicle No: VRG77746817425807 and Chassis No: 1J8GP28KX9W550564, marked RBC570DP.

    Forfeiture of property, which is the subject of a trial, has been part of the three types of sentences imposable on the defendant found guilty since the establishment of the tribunal.

    But giving room to the prosecution to request the seizure of the said property before the final determination of the case is novel at the CCT.

    The other two sentences the tribunal can pass on a defendant, convicted by the CCT, are vacation of office and disqualification from holding public office for 10 years.

    The new practice direction explains in its First Schedule that one of the sentences or combination of two or all the three sentences can be passed on a convict depending on the level of harm of the offence on the victim and the level of culpability of the defendant in the offence.

    The document also now divides the trial before the tribunal into four stages, which are arraignment, pre-hearing, the trial and sentencing procedures.

  • Justice Ademola: FG appeals against High Court’s judgement, files fresh case at CCT

    The Federal Government has filed an appeal against the decision of Justice Jude Okeke upholding the no case submission in the corruption case against Justice Adeniyi Ademola, Mrs. Olabowale Ademola and Mr Joe Agi.

    A source in the Presidency confirmed this development to State House correspondents in Abuja on Thursday.

    The source stated that filing the appeal was informed by the need to save the war against corruption.

    The source revealed that the government, through the Ministry of Justice, had also filed a fresh case in the Code of Conduct Tribunal against Justice Ademola and wife “for living above their means and failure to declare their assets.’’

    TheNewsGuru.com reports that Justice Okeke of the High Court of the Federal Capital Territory, on Wednesday, upheld the no case submission by the defence in the corruption case against Justice Adeniyi Ademola, Mrs Olabowale Ademola and Mr Joe Agi.

    The judge struck out the 18-count charge preferred against the defendants after holding that the prosecution failed to prove any of the allegations despite the provisions of sections 53 and 60 of the Independent Corrupt Practices and Other Related Offences (ICPC) Act.

    However, sources in the Presidency informed State House Correspondents that the government had been advised to appeal against what is described as “a very strange outcome indeed considering the underlying facts.

    “It is even stranger that the trial was not allowed to continue considering the applicable statutory provisions.

    “Section 53 (1) of the ICPC Act raises a presumption that any gratification accepted or obtained by an accused person must have been corruptly accepted or obtained until the contrary is proved. Section 60 of the Act does not apply to the case.

    “Of interest is the decision of the learned trial judge that the offence of giving and receiving gratification was not made out by the prosecution against the defendants in the face of the evidence held in court.

    “Prosecution witnesses gave testimony of the payment of N30 Million in three tranches by Mr Joe Agi (SAN), into the account of Mrs Olabowale Ademola, the wife of Justice Ademola. Agi was a legal practitioner who actually had cases in the court of Justice Ademola.

    “The defendants, however, claim that the money was a gift from common friends for the benefit of Justice Ademola and Mrs Ademola to support the wedding of their daughter’’, the source narrated.

    The source added that the evidence of the defence suggesting that the source of the money was not Agi, was unclear at best and ought not to have formed the basis of the learned trial judge’s conclusion at this stage of the proceedings.

    “What was clear was that the last tranche was paid shortly before Justice Ademola granted a garnishee order in favour of Agi’s client to the tune of about $637 million.

    “Prior to this, it was also not disputed that Justice Admola’s son had received a BMW vehicle worth about N8,500,000 from Agi.’’

    The presidency source continued: “One of the charges dismissed relates to the possession of firearms by Justice Ademola without a valid licence.

    “On this, Honourable Justice Okeke held that the Firearms Act made provision for a time lag, that is, for Justice Ademola to continue to hold on to his firearms and ammunition even after the expiration of his licence.

    “In this case, a new licence was tendered in a situation where Justice Ademola ought to have tendered a renewal of his old licence. Being in possession of two licences in respect of the same firearm ought to have raised some questions for the defendants to resolve.’’

    According to sources, within the prosecution, the ruling suggests that the learned trial judge proceeded to ascribe probative value to the evidence of prosecution witnesses at the stage of a no case submission when he ought only to have considered whether a prima facie case had been made out by the prosecution against the defendants.

    “The learned trial Judge had held that there was no link between the gratification received by Justice Ademola and the judgment he delivered in favour of Agi.’’

    The source maintained that the ruling failed to address the relevance of section 53 of the ICPC Act which raised a presumption of corruption in respect of the gratification in question.

    The source said this and other troubling questions must be addressed in an appeal against the ruling.

    When contacted for official comments of the presidency, the Senior Special Assistant to the President on Media and Publicity, Garba Shehu denied the existence of a rift between the Executive and Judicial arms of government over this issue and other recent judicial decisions posing a challenge to the war against corruption.

    According to him, the relationship between the two arms of government has been very cordial, adding that nothing has happened to change the nature of the relationship.

     

    NAN

  • CCT adjourns Saraki’s trial to Jan. 17

    CCT adjourns Saraki’s trial to Jan. 17

    The Code of Conduct Tribunal, CCT has adjourned the trial of Senate President Bukola Saraki to Jan. 17, to enable the prosecution to present more witnesses.

    Chairman of the tribunal, Justice Danladi Umar, adjourned the matter following request for more time by the prosecution counsel, Mr Rotimi Jacobs.

    Umar said the tribunal was doing all it can to work by the provisions of Administration of Criminal Justice Act (ACJA), on the matter.

    “We are bound by the ACJA; we are trying to be lenient with all the parties. This matter is hereby adjourned to Jan. 17 for continuation of hearing,

    Jacobs had said some of the prosecution witnesses were in Lagos and that time was needed to enable him to produce them.

    Defence counsel led by Kanu Agabi (SAN), had prayed the court to grant leave for possible re-examination of a witness, Michael Wetkass.

    Agabi said there were perceived ambiguities in some of the evidences given by the witness during his examination and cross-examination.

    Mr Paul Usoro, a defence counsel informed the court that the essence of the re-examination was to clarify some of the ambiguities before the tribunal.

    “One of the charges says 3.4 million dollars was transferred but your evidence in chief says otherwise’’, Usoro said.

    Wetkass had told the tribunal that he did not investigate Saraki personally and that his business record was also not investigated by him.

    Wetkass also told the tribunal that he was part of the investigative team and that the total amount transferred by Saraki to his foreign account through America Expresss Bank was 3.5 million dollars.

     

     

    NAN

  • Saraki’s trial will no longer hold from day-to-day – CCT Judge

    Saraki’s trial will no longer hold from day-to-day – CCT Judge

    The Chairman of the Code of Conduct Tribunal, CCT, Danladi Umar, on Wednesday declared that the ongoing trial of the Senate President, Bukola Saraki will not take place from day-to-day as was the tradition last year.

    Umar made the declaration at the tribunal in Abuja, while adjourning the trial till January 17.

    The adjournment was at the instance of the counsel to the federal government, Rotimi Jacobs, who prayed for time to allow him present some of his witnesses.

    Jacobs informed the tribunal that some of his witnesses were still in Lagos and would need some time for them to arrive Abuja.

    ‎The prosecution urged the tribunal to give a ruling that the trial would be from day-to-day.

    Granting his request for adjournment till next week, Umar, however, ruled that the trial shall not proceed on a day-to-day basis.

    “I’m‎ going to adjourn this matter to next week, but it cannot go on from day to day. We have other cases,” Umar said.

    Saraki is currently standing trial on a 16-count charge of false assets declaration during his time as the governor of Kwara State.

    Earlier, counsel to the Senate President, Kanu Agabi had urged Umar to end the trial in 2017.