The Code of Conduct Tribunal in Abuja resumes its long break on Wednesday, with the continued trial of Nuhu Ribadu, the former Chairman of the Economic and Financial Crimes Commission. The same day, Mr Ribadu’s lawyers will be battling to prevent the suit at the Court of Appeal.
The Code of Conduct Tribunal is going ahead with his trial on charges of non-declaration of assets, after the Tribunal had ruled in April, 2009 that it had the right to hear the case.
The Code of Conduct Bureau had charged the former EFCC chairman to the tribunal for allegedly not declaring his assets while serving at the EFCC as required by law. The case commenced in his absence.
Mr. Ribadu’s attorneys had argued against the case on the grounds that the Tribunal was not properly constituted. They also queried the timing of the trial, which they said came long after their client had left office as chairman of the Commission.
But the Tribunal Judge, Constance Momoh, ruled in April that the constitution of the Federal Republic of Nigeria allows two persons to form a quorum - “just as three persons are allowed to sit in the Court of Appeal or five justices of the Supreme Court to sit on appeal.”
She said the tribunal was properly constituted, with two out of the three members and that Mr. Ribadu would be tried for contravening the law.
Again, the Tribunal ruled that the constitution allows that such an officer can still be prosecuted even after such an office holder might have left office. Mrs Momoh then ordered that the former anti-corruption agency boss should appear before the tribunal to respond to the charges.
Mr. Ribadu, through his lawyers, had that said he duly declared his assets while in office.
The appeal court front
Meanwhile, the Court of Appeal will be hearing Mr. Ribadu’s plea, on account of the Tribunal’s ruling. His lawyer, Femi Falana, told NEXT that “we will be at the two courts on Wednesday. We will see there.”
Wednesday’s trial marks another step in the series of controversial events that have trailed Mr. Ribadu, since he was asked to leave his post for a training course at the National Institute for Policy and Strategic Studies, Kuru in 2007.
He was subsequently demoted from an Assistant Inspector Genral of Police to a deputy commissioner of police and was prevented from collecting his certificate on graduating from the Institute.
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