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Former anti-graft chief, Nuhu Ribadu. Photo: NEXT

Ribadu slams tribunal over fugitive tag

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Former anti-graft chief, Nuhu Ribadu, has slammed the Code of Conduct Tribunal which declared him a fugitive of the law on Friday in Abuja.

Mr. Ribadu, the pioneer head of the Economic and Financial Crimes Commission, EFCC, said, in a statement: “A fugitive, me?”, that he puts the order of Justice Constance Momoh as another episode in the “relentless persecution against me, even though I cannot see how using the code of conduct track can be any helpful than other discredited methods of the past.”

Expressing surprise at the order of the court, the former EFFC boss wondered how the court that was fully aware of the circumstances under which he left the country, could tag him as a fugitive.

“I had to leave the country on January 3 this year after a relentless persecution which climaxed in two assassination attempts,” he said.

According to Mr. Ribadu, shortly before December 23, 2008, when his dismissal was announced from the Police, the Presidency announced an investigation into the assassination attempt. Till date, he pointed out, no results have been announced.

Mr. Ribadu, according to Justice Momoh’s order, is wanted in respect of allegation of his non-declaration of assets while in office from March, 2003 to December, 2008. A daily Nigerian newspaper quoted Justice Momoh as saying: “he should be arrested and brought before the tribunal at its next adjourned date slated for 4th December, 2009.”

In response however, Mr. Ribadu said his asset declaration forms were “submitted on assumption of office in March 2003 and my exit from office in December 2008,” adding, “I assert that there is no substance to this case; that my assets were declared.”

He challenged the court asking, “how could I have been confirmed for my position in 2003 if I did not submit an asset declaration form to the Senate, as all officers needing senate confirmation are obligated to do?”

Insisting that the forms are in the safe custody of the Code of Conduct Bureau, Mr. Ribadu asked: “Is it also not in the power of the Tribunal to simply order the Code of Conduct Bureau to produce certified true copies of my asset declaration if this is what truly concerns the Tribunal?”

Now on exile in Britain and completing a fellowship year at Oxford University, Mr. Ribadu accused the court of deliberately blocking the Code of Conduct Bureau from producing the certified true copies of the asset declaration forms.

“My request for certified true copies of my asset declaration forms cannot be conceived as a privilege, they are indeed a right and the basic condition to enable my lawyers prepare my defence against the charges ahead of the trial,” he said.

The anti-graft chief scoffed at the allegations of impropriety often peddled against him saying while they are not new, they have remained unproven.

“In the past I have made this point and it may just be as well to repeat it for all; my true assets are reflected in my code of conduct declaration and if the regime in power is convinced as its sponsored agents had claimed in the past that I have assets in and out of Nigeria, I again openly and willingly forfeit them to the state today,” Mr. Ribadu challenged.

Poking soft jabs at the tribunal, Mr. Ribadu said: “Declaring me wanted and requesting my arrest may have dramatic headline value, but I find it difficult to see how that will satisfy what the Tribunal claims it is trying to resolve.”

In a telephone interview from Spain where he is attending a conference on the independence rights of the Saharawi Arab Democratic Republic, Femi Falana, Mr. Ribadu’s attorney sneered at Justice Momoh’s order, declaring them as “unenforceable.”

Mr. Falana said it is “trite law that you cannot enforce an order of this nature across international borders and jurisdictions.” He added that what the court could have done was to propose proceedings for extradition as in the 1962 case of the Queen versus Anthony Enahoro.”

View the Press Release here

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Reader Comments (21)


Posted by TATA on Nov 22 2009

i have been going to the courts frequently as a layman...the last time i sent in a paper to the judge, he said i was becoming paranoid....ribadu is behaving as a layman who has no respects for the courts...follow procedures..

Posted by IIKO on Nov 22 2009

This is laughable, the court want Ribadu to be arrested for not declaring his assets before assumption of office which has been refuted sundry number of times that it was submitted before he was cleared to for the position. What amezes me is that we have thousands of political office holders in Nigeria today that are found wanting by the law but the same court prefers to look the other way. It is a known fact that Ibori is an exconvict both home and abroad but he is not being tried for lying to the federal gont. What a double standard. Ribadu call the judge and offer him bribe just like every other politician is doing and the first headline in the Nigerian news media will say are a hero

Posted by james on Nov 22 2009

Ribadu has and continues to commit to commit treason. Please stop blatantly providing this self-interested politician masqueraded as a martyr dedicated to the nigerian cause with a platform to spread falsehood.

Posted by Frank (London) on Nov 22 2009

I would not be surprised if tomorrow or at the heels of 2010 "operation win Lagos at all costs", the PDP apparatus set fire on Fashola's asset declaration form and pre-emptively charge him to court for his failure to submit one before he became the governor of Lagos State. In the dictionary and taxonomy of PDP, there's a unifying phrase: "impossible is nothing". I think there are better things to do by Justice Momoh's court than this circus show of headline grabbing and attention seeking Ribadu-phobia tactics. Give us a break.

Posted by Tony Okonji on Nov 22 2009

Next should stop providing a platform to this fraud called Ribadu. Every sane person can see through this fraud and next is neck deep in it too. How many did Ribadu pay for this relentless image laundering by Next? Ribadu should just return home and answer charges against him. At least court rulings are respected under this administration compared to the judicial reckless and impunity to was order of the day during his time at the helm of EFCC.

Posted by GeorgeA on Nov 22 2009

It is impossible for the Government to win any case in the court of public opinion or indeed outside of the kangaroo tribunals it has set up. This is a Government that on inception admitted its own illegality, that has convicted criminals as advisors and which has patently failed to honour its social contract with the Nigerian people. So@James it is not possible to commit treason by by disobeying the orders of such a junta. The world doesn't respect them, the people dont respect them and Ribadu doesn't respect them. They are in possession of the instruments of violence so we must fear them, but we dont love them, we dont respect them and we dont feel compelled to obey them. Instead of horsing around trying to deflect the publics attention from its non performance with sensational headlines, they should just start by providing us with the 6000 MW they promised by 31 December. Lagos is working, why not Nigeria?

Posted by muobo on Nov 22 2009

EVEN A UNIVERSITY STUDENT KNOWS THAT THIS KIND OF RULING IS UNEFORCEABLE AS THEY ARE TAUGHT IN SCHOOL THAT COURTS SHOULD NOT MAKE SUCH ORDERS SO AS TO AVOID THE LAW BEING RIDICULED IN A SOCIETY.SOMETIMES I WONDER IF OUR JUDGES TAKE REFRESHER COURSES!THIS BRINGS US BACK TO THE FACT THAT LAWYERS,BE THEY JUDGES OR NOT ARE LARGELY RESPONSIBLE FOR THE ANOMIE THAT WE EXPERIENCE TODAY IN NIGERIA!

Posted by Ahmadu Yarádua on Nov 22 2009

Haba Mallam Nuhu! If it was that easy for any accused to simply offer foreiture inreturn for stoppage of prosecution many would tread that path. Just come and have ataste of your own medicine. When you were busy plotting to smear peoples names and expunging Umaru's name from your vicious list you never reckoned with this even as a remote possibility. Those were the days when you and your comrades carried on as if there'd be no tomorrow. It is here. Now, have a dose of Umaru's 'productive'corruption

Posted by Omo Alhaja on Nov 22 2009

Tata...it's not that easy. Ribadu's lawyers served on the State a Notice to Produce his original Asset Declaration Forms (or a certified true copy) a long time ago. That is all required of them. The Bureau has not said, as far as we know, that it has NO RECORD of such a declaration by Ribadu. The presumption therefore is that they have it but do not want to produce it. The Chairman of the Tribunal knows very well that Ribadu is outside Nigeria and that her warrant of arrest does not run beyond Nigerian borders. In making an order she knows is incapable of enforcement, she is only ridiculing herself and her Tribunal. The State knows very well that when a "fugitive offender" (as they believe Ribadu to be) is outside the country, all it needs do is launch extradition proceedings as they did successfully 47 years in the case of Chief Anthony Enahoro. That Mr. Aondokaa is yet to give these instructions is quite telling. Finally, the Evidence Act, which presumably Justice Constance Momoh is fully aware of, provides that evidence that is in the custody of a party and ought to have been produced by that party but is not so produced shall be deemed to be against that party. This case is dead the moment an Asset Declaration Form signed by Ribadu, witnessed before a High Court Judge and acknowledged by the Code of Conduct is produced. The State, I sincerely believe, has such a document and is reluctant to produce it. Ribadu is only waiting for them to say in Court or Tribunal that they do not have it before he produces his own copy (every sensible public officer has his own copy). Why Justice Momoh jumped into a game of political intrigue that concerns her not one jot, instead of adjourning the matter sine die (indefinitely) pending the production of Ribadu before her, is what I don't understand. Aondokaa should discontinue this case and save himself further embarrassment.

Posted by saydura on Nov 22 2009

No wonder Nigeria's position in the list of corrupt countries has gone up. If Justice Momoh could be so stupid to follow the game plan to discredit Ribadu them we are never going to show the rest of the world that we are fighting corruption. A man assumed office in 2003 and did the asset declaration; he was there at EFCC till 2008. Nobody at that time saw that he did something wrong until now that the cronies of those he investigated are after him. Please for God sake leave Ribadu alone and pursue those who stole billions of our money. We do not have good roads, hospitals, electricity, our education system rotten but we kept chasing shadows. I am a yoruba man who stands with the truth, so those leaving comments should leave ethinicity aside and follow what is right.

Posted by A. Ali on Nov 22 2009

@ TATA, you are truly a layman and do not understand the politics of this matter. They know Ribadu has no case, but they just want to use the Tribunal no drag him back to Nigeria in order to kill him or lock him up without bail.

Posted by Selingel on Nov 22 2009

I am not surprise that at any given time, NEXT does not see anything wrong with Ribadu's attitude. At least I understand with them their circumstances, but I will not agree with them that everything Ribadu is facing is caused by Ibori. Ibori has his own problem, and he is running from post to pole to resolve them. Let Ribadu come back home and face all the allegations. After all, he never respected these courts when he was in power, so, he should not apportion blame for all his troubles. Bible says, "no sinner will go unpunished".

Posted by TATA on Nov 22 2009

@Omo Alhaja, nobody said it was easy...if they have refused to produce...the next step is to file a mandamus.....you cannot launch an extradition proceeding unless; (i) you can show that the person is wanted for an offense or has been asked to show up in court and has not done so (ii) there is an existing warrant of arrest within the country of jurisdiction....these will form part of the document to file in the foreign country. If there is no warrant of arrest for him in Nigeria, how then is he a fugitive? and on what basis would you ask for his repatriation? Ribadu might be outside the country but he was caught on tape recently in Nigeria and is capable of sneaking back in, thus any police officer who sets eye on him in Nigeria would arrest him. The dispute now, is NOT if the fgn has his declaration, i know and you know that they do, but the tribunal has not seen a copy, and falana and co has to file a mandamus, if they refuse to produce after a mandamus... then "that evidence that is in the custody of a party and ought to have been produced by that party but is not so produced shall be deemed to be against that party".

Posted by TATA on Nov 22 2009

@A. Ali...ask omo alhaja above, (we are discussing law here) there was more politics in the Enahoro case. Politics, emotions, morals do not count...ribadu should have a backlog of his declarations even when in the NPF That they are going to kill him and lock him up is speculation...the last time he was in Nigeria, he appeared in public and left safely...what about me that was almost kidnapped in Ajegunle, the boys settled for a bottle of guiness instead....ribadu is not going to run any extra ordinary risk that an average nigerian does not run daily, lets focus on the legalese so we would enjoy the exchange....if na me be ribadu, i no go come, but he still has lots of legal weapons in his arsenal to fight the battle...unless he wants to fight it on the pages of newspapers....

Posted by james on Nov 22 2009

Ribadu is a dishonest man with little regard for the law. His attitude is evidenced by the manner in which he conducted his opportunities as the EFCC chariman. Not only was his fight against corruption selective, he NEVER followed due process. Nigeria does not need jungle justice, we need strengthened institutions and regard for due process. If NEXT and his supporters continue to exonerate him, they further perpetuate the very corrupt system they appear to be so critical of. This is not about an individual or his feud the perceived "powers that be", it is about respect for the Nigerian judiciary and legal procedure. The fact that I believe Nuhu Ribadu is a fraud has nothing to do with my conviction that he must return home and answer to the charges. I am most concerned with due process, which he has persistently neglected.

Posted by Momdiafiri on Nov 22 2009

The erudite Fana, has just lectured Justice Momoh without blinking on what he did not know or feign not to know because the order to arrest Ribadu was issued in bad faith.

Posted by ThatGuy on Nov 22 2009

The fact that we dont stand for the truth in Nigeria is a major reason why this country can never move forward. How can Ribadu be confirmed as the Chairman of efcc by the senate without declaring his assets. After holding sway for 5yrs,they now remember he didn't declare his assets. What a stupid jugde. Is that enough to warrant his arrest or call for his head. The court shld focus on public office holders that looted our treasury instead of wasting our time chasing shadows.

Posted by Airlord on Nov 22 2009

Former Obj witch-hunter-in-chief and ex political policeman,come back home and have a taste of your own medicine

Posted by Peter Udoh on Nov 22 2009

Majority of Nigerians are tired of and hate corruption. Enemies of this Nation are obviously aware of this fact. They believe that the only way they can trive further is by killing every Nigerian leader who in one time or another denounced corruption publicly. They succeded in the case of Idiagbon. The question is, will they succeed in this case of Ribadu?. We still have many more public office holders who hate corruption, they are aware of the evil men, caterpillars of development and progress, and therfore afaid of making open declaration against corruption. Mr. President is unfortunately one of them. How long are we going to continue in the hands of wicked, and evil leaders?

Posted by Tami on Nov 23 2009

Funny.The judiciary is only sound only when they give judgement we deem favourable.An ''AC'' Judge sends Bode Judge to jail without an option of fine and refuses to grant him bail even when it is obvious that justice will served best if he so does (because by the time the appeal court will finish hearing the case he would have served his full jail term), we applaud.Ribadu is simply asked to produce his Asset Declaration form and we shout blue murder.

Posted by TATA on Nov 23 2009

@Momdiafri...whether falana is erudite and a genius is not the issue, if he believes an order was issued in bad faith, would he get that order reversed or vacated on the pages of newspapers..? and until he does, that order stands...



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