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.