VANGUARD
Senate President Dr. Bukola Abubakar Saraki has accused the chairman of the Code of Conduct Tribunal, Mr. Danladi Yakubu Umar of bias and insisted that he cannot get justice under his chairmanship.
Saraki in a motion he filed against Umar, prayed that the CCT boss to disqualify himself from further participating in his trial on the alleged falsification.
In the motion on notice filed by Saraki's lawyer Mr. Raphael Oluyede, it was contended that the continued presence of Umar on the panel of Tribunal offended the provisions of Section 36(1) of the Constitution of the Federal Republic of Nigeria.
The constitutional provision prescribes that "In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality".
The applicant claimed that the unfolding events and the ways and manners his trial is being conducted by Umar, there is likelihood of bias from the chairman and as such he should withdraw himself from further prosecuting him.
The motion on notice was brought pursuant to section 36(1) of the constitution of the Federal Republic of Nigeria 1999 as amended, the common law rule on likelihood of bias and the rules of natural justice.
The defendants in the motion on notice are Mr. Danladi Yakubu Umar and the second member of the Tribunal Mr. Agwadza Williams Atedze.
In a 20 paragraph affidavit in support of the motion, Saraki was said to be standing trial before the Code of Conduct Tribunal (CCT) being presided over by Danladi Yakubu Umar.
The affidavit averred that the applicant had sought to enforce his fundamental right in suit number FHC/ABJ/CS/905/2015 before a Federal High Court in Abuja on the ground that the independence and impartiality of the Code of Conduct Tribunal cannot be guaranteed while Danlaidi Yakubu Umar presides over the trial of the applicant.
It also averred that Saraki is being tried by the Economic and Financial Crimes Commission (EFCC) and that Umar as chairman of CCT is an object of investigation by the same EFCC on corrupt practices.
The affidavit also claimed that by his conduct in the proceedings, the CCT boss had allegedly proved to be a willing tool in the hand of the executive arm of the government which was responsible for his appointment and particularly as he (Umar) was himself under investigation for corruption by EFCC.
The affidavit deposed to by Mr. Paul Akase claimed that neither the Attorney General of the Federation AGF nor the EFCC or Umar has ever denied that CCT boss was under investigation.
It also claimed that by the 1999 Constitution the Code of Conduct Bureau and Tribunal Act the power to investigate complain of breach of the Code of Conduct for public officers is the exclusive of the CCB and not EFCC.
The affidavit further stated that the EFCC's usurpation of the CCB power had been admitted by the AGF in previous court action instituted by Saraki against the AGF, EFCC, Umar and other defendants.
It therefore stated the interest of justice would be served if Danladi Yakubu Umar recuses or disqualifies himself from sitting in a the panel of the tribunal to hear and determine the charges being prosecuted against the applicant.
No date has been fixed for hearing of the motion.
________________________________________
NEWS EXPRESS
EFCC clears CCT Chairman of alleged N10 million bribe
By News Express on 20/04/2016
The Economic and Financial Crimes Commission (EFCC) today cleared the Chairman of the Code of Conduct Tribunal (CCT), Hon. Danladi Yakubu Umar, of the N10 million bribe alleged by one AbdulRashid Owolabi in his petition to the commission.
The exoneration of the CCT Chairman was contained in a letter addressed to the Secretary to Government of the Federation, captioned "RE: Investigation Report RE: N10 million Bribery Allegation against the Chairman Code of Conduct Tribunal, Abuja" with reference NO: EFCC/P/NHRU/688/V.30/99, dated 20th April, 2016.
The letter, which was signed by EFCC Secretary Emmanuel Adegboyega Aremo reads: "Kindly recall our correspondence of 5th March, 2015, (reference EFCC/EC/SGF/03/56) with the above subject, please."
It added: "We would like to reiterate the Commission's position in regard to this matter as earlier communicated to you and stated that the allegations leveled against Justice Umar were mere suspicious and consequently insufficient to successfully prosecute the offence."
Today's clearance letter was second to the previous one sent on the 5th March,2015 during last of administration of President Goodluck Jonathan through the office of the then Secretary to the Government of the Federation, Senator Pius Anyim.
_____________________________________________________
Senate Suspends Amendment Of CCT, CCB, ACJA Act
The senate, on Wednesday, suspended the proposed amendment of the Code of Conduct Bureau (CCB) and Code of Conduct Tribunal (CCT) Act and the Administration of Criminal Justice Act (ACJA).
The suspension follows speculations that the amendment of the acts was in favor of Senate President Bukola Saraki who is presently on trial for alleged false declaration of asset.
The senate, while announcing its decision via its official twitter handle, also said that it has stepped down the petition against Senator Kabiru Marafa who has always been against Saraki.
The law makers further reaffirmed their commitment to stand with Saraki through his trial at the CCT.
_______________________________________________________
247 UREPORT
Ekweremadu Not Our Anti-Corruption Ambassador – EFCC
The EFCC has repudiated the report that the Commission had appointed Deputy Senate President Ike Ekweremadu as its Anti-corruption Ambassador. It said the gesture extended to Ekweremadu by one of its operatives had no backing of the acting Chairman of the Commission.
The statement to this effect reads:
The attention of the Economic and Financial Crimes Commission, EFCC, has been drawn to some reports in the print and online media, on April 20, 2016 claiming that the anti-graft agency has decorated the Deputy Senate President, Ike Ekweremadu, as "Anti-Corruption Ambassador".
According to a statement issued to the Press by the Special Adviser to the Deputy Senate President, Uche Anichukwu, the purported decoration, was carried out by the EFCC National Assembly Liaison Officer, one Suleiman Bakari who was quoted to have said: " On behalf of my acting chairman, Mr. Ibrahim Mustafa Magu and the entire management and staff of the EFCC, decorate you as an Anti- Corruption Ambassador and formally present this frame, as a token of our appreciation to your person and office, and as a symbol of the institutional partnership between the EFCC and the National Assembly".
The EFCC totally dissociates itself from the purported action of Bakari as he acted entirely on his own and clearly outside his liaison officer brief as he was never instructed by the Acting Chairman nor mandated by the management and staff of the Commission to decorate Ekweremadu or any officer of the National Assembly as 'Anti- Corruption Ambassador'.
The Commission views this highly unprofessional and conduct of the officer as yet another manifestation of 'Corruption Fighting Back.' This leg of the despicable campaign, which is unfortunately being carried out by a staff of the Commission, had been foreshadowed in recent weeks by other questionable acts.
For instance, all through last week, some courts issued a string of anti-EFCC rulings looking like calculated attempts to derail the anti-corruption war, even as there were indications of the capture of a prominent section of the media by dark forces.
The picture of organized corruption marshaling its evil forces to launch a sustained fight-back becomes clearer, if cognizance is taken of the bewildering insistence of the Senate to carry on with the ill-advised amendment of the Code of Conduct Bureau and Code of Conduct Tribunal Act as well as the inexplicable provisions proposed for amendment of the Anti-Money Laundering Act.
Let it be underscored that the statutory mandate of the EFCC is the investigation and prosecution of all economic and financial crimes cases, which does not include phoney decoration of any individual as "Anti-corruption Ambassador". That award and title are unknown to the EFCC and could not have been invested as purported, on behalf of the Acting Chairman, Management and staff of the EFCC.
Further, the Commission is not in the habit of awarding titles to individuals. Those who seek titles for reasons of waging a counter-onslaught against the war on corruption in addition to massaging inflated sense of influence know the quarters to approach for such dubious honours. Not the EFCC Members of the public and stakeholders in the fight against corruption are enjoined to disregard the so-called decoration, while stern administrative action is being taken on the clearly misdirected officer who acted entirely without authorization.
______________________________________________
Listserv moderated by Toyin Falola, University of Texas at Austin
To post to this group, send an email to USAAfricaDialogue@googlegroups.com
To subscribe to this group, send an email to USAAfricaDialogue+subscribe@googlegroups.com
Current archives at http://groups.google.com/group/USAAfricaDialogue
Early archives at http://www.utexas.edu/conferences/africa/ads/index.html
---
You received this message because you are subscribed to the Google Groups "USA Africa Dialogue Series" group.
To unsubscribe from this group and stop receiving emails from it, send an email to usaafricadialogue+unsubscribe@googlegroups.com.
For more options, visit https://groups.google.com/d/optout.
No comments:
Post a Comment