Akposking
Newbie
Posts: 8
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« on: November 21, 2009, 02:29:59 AM » |
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The Code of Conduct Tribunal has
issued a warrant of arrest on
former chairman of Economic and
Financial Crimes Commission (EFCC),
Mallam Nuhu Ribadu.
According to the tribunal, this has
become necessary following
Ribadu’s failure to appear before it
to answer charges against him.
Justice Constance Momoh, who
issued the warrant, yesterday,
recounted how Ribadu has
frustrated the tribunal’s efforts to
commence a full-blown hearing into
his alleged criminal offence.
He said the ex-EFCC boss has, on
nine occasions, frustrated the work
of the tribunal with frivolous
applications. He said there was no
other option than to compel him to
return to Nigeria for trial, should he
fail to do so voluntarily on the next
adjourned date.
Reacting to the ruling, counsel to
Ribadu, Mr. Femi Falana openly
dared the tribunal, asking it to go
ahead and make such order. He
accused the tribunal of acting a
script, boasting that his client would
never appear for trial until the
tribunal was detached from the
presidency.
According to him, “this court is
illegal and cannot be said to be
properly constituted in line with
section 36(1) of the 1999
constitution. The independence and
partiality of this court is in question
because it is obvious that this is a
department of the presidency. This
is an illegal tribunal.”
Earlier, Shola Igbeyinka, who held
brief for Falana, had sought the
court for an order for the tribunal to
furnish the asset declaration form
signed by Ribadu while in office as
EFCC boss.
He said that section 36 (6B) of the
1999 constitution states: “Any
person alleged of criminal offence
should be provided with all the
necessary materials to enable him
stand trial”
On his part, Kyari Ahmed, the
prosecution counsel, said it was not
in tribunal’s power to tender
furnished asset declaration form to
public servants and directed the
accused counsel to the National
Assembly, which he noted, was
vested with such powers under (C)
schedule 3, part 1 and paragraph 3
of the CCB Act.
Justice Constance Momoh declined
and said that the issue of certified
asset declaration form had never
been raised by the accused counsel
before and insisted that the
application was coming late. He
therefore said, “Ribadu is wanted.”
The tribunal also threw out an
application filed by Ribadu, asking
for a stay on the ongoing criminal
proceeding against him, pending
the outcome of two separate
appeals he entered before the
Abuja division of the Court of
Appeal challenging the jurisdiction
of the CCT to prosecute him.
While dismissing the application, as
a calculated attempt to thwart his
prosecution, the tribunal
maintained that Ribadu did not
have the right to make such
application considering that he is
yet to be properly arraigned before
it.
The case has been adjourned to
December 4, 2009 for arraignment.
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