Ex-governor queries tribunal’s jurisdiction
ACN condemns alleged harassment of members
FORMER Governor of Lagos State, Bola Ahmed Tinubu was yesterday formally arraigned before the Code of Conduct Tribunal (CCT) in Abuja for allegedly operating 10 foreign bank accounts while in office.
Tinubu’s alleged action the tribunal heard was a breach of the code of conduct for public officers in Nigeria.
The trial of the former governor was however stalled as Tinubu objected to his plea being taken based on a preliminary objection, which challenged the competence of the charge and the jurisdiction of the tribunal to try him.
Within and around the premises of the court were tens of stern-looking mobile policemen, who restrained loyalists of Tinubu, who had thronged the tribunal to show solidarity to him. Even journalists had a harrowing experience as security operatives barred them from entering the premises.
After several phone calls to the Police authorities at the Force Headquarters and the Federal Capital Territory (FCT) Police Command, the security operatives admitted journalists in, while Tinubu’s supporters looked on and sang different choruses in praise of the Action Congress of Nigeria (ACN) leader.
While the passers-by were being treated to songs and dance, the real business was going on inside the court with Governor Abiola Ajimobi of Oyo State and his Osun State counterpart Rauf Aregbesola as well as some notable members of the South West in the National Assembly in attendance.
Prosecution counsel, Dr. Alex Aigbe Izinyon (SAN) asked Tinubu to take his place in the dock. And as he entered the dock, Izinyon who had filed an amended charge yesterday against the ACN chief, applied that it be read to him.
But Tinubu’s lead counsel, Chief Wole Olanipekun, who had on his team 35 lawyers including 10 senior advocates, objected to his client’s plea being taken on the count that he had a preliminary objection challenging the jurisdiction of the tribunal to entertain the charge and its competence.
Olanipekun told the tribunal that they were never served with a copy of the charge, but having come to their notice through other means, the accused person and the legal team decided to appear before it in demonstration of their respect for the court and “unalloyed” belief in the rule of law and justice.
Izinyon conceded that personal service is crucial to any criminal matter, but explained that it was not easy to effect personal service on him. He pledged to cooperate with the tribunal to ensure that justice was done in the case. Izinyon also informed the tribunal he had already filed a motion before the court for the purpose of the amendment.
But Olanipekun notified the CCT of an earlier preliminary objection, which it had filed challenging the earlier charge. He said since Izinyon had filed an amended charge, the defence team would need time to file a fresh preliminary objection to the amended charge.
Although that position attracted some fresh arguments, the tribunal was inclined to granting an adjournment as it held that no other step could be taken until the issue of its jurisdiction had been resolved one way or the other.
Accordingly, the tribunal’s chairman, Danladi Yakubu Umar, adjourned the case to October 26, 2011.
As Tinubu, clad in a navy blue traditional attire with a navy blue cap with some light blue strips, was being driven off in measured pace, apparently to allow him acknowledge his supporters, he wound down the glass on his side and waved at them.
The three-count amended charge filed against Tinubu by Kyari Ahmed from the office of the Attorney-General of the Federation read that “as former governor of Lagos State and being a public officer as listed in part II of the Fifth Schedule to the 1999 Constitution and having subscribed to the oath of office as contained in the same schedule to the constitution on assumption of office between 1999-2000 and while in office engaged yourself in the operation of several foreign bank accounts.”
The banks were named as First Heritage Bank, Country Club Hills, Illinois, USA with the Account Name as Bola Tinubu with Account Number 263226700; Citibank in New York using the Account Name of Bola Tinubu & Compass Finance and Investment Company Ltd with Account Numbers 39483134, 39483396,4650279566, 00400220, 39936404, 39936383; Citibank International, New-York with Account Name as Bola Tinubu and Account Numbers 52050-89451952 and 52050-89451953.
Tinubu is also accused of operating an account with HSBC, 177 Great Portland Street London, WIW 6QJ under Senator Bola Tinubu, with Account Number 71253670, Sort Code -40-03-15; HSBC, 177 Great Portland Street, London, WIW 6QJ. Account Name: Senator Bola Oluremi Tinubu, Account Number: 1253670 Sort Code -40-03-15; HSBC, 177 Great Portland Street London, WIW 6OJ.
Account Name: Senator Bola Tinubu - Money Market Account Number 04320002DN, and another account with the same bank under the name London of Tinubu Habitat Oyindamola (Miss) with Account Number 1320960111.
The ACN leader also allegedly owned another account with the name, Tinubu Zainab Abisola (Miss) with Account Number 172447101 with HSBC and another account under the name of Tinubu Oluremi Shade with Account Number 1916667988 with the same bank and a similar account with the name of Oluremi Shade Tinubu with Account Number 41421522 contrary to section 7 of the Code of Conduct Bureau and Tribunal Act; Cap C15 LFN, 2004 as amended and punishable under section 23 (2) thereof as incorporated under paragraph 18, part 1, Fifth Schedule to the 1999 Constitution.
Tinubu was also accused of misinforming the conduct bureau by stating that in Form CBB1 that he had no foreign account thereby violating section 15 (2) of the Code of Conduct Bureau and Tribunal Act, Cap C15 LFN, 2004 as amended and punishable under paragraph 18, Fifth Schedule to the nation’s constitution (as amended).
But Tinubu has not admitted owning the accounts, sources on legal team said.
Meanwhile, the ACN has alleged harassment of its members by the police, who stopped them from travelling to Abuja on Tuesday to show solidarity with Tinubu, who appeared before the tribunal in Abuja yesterday.
In separate statements issued in Abuja and Lagos, ACN National and Lagos Publicity Secretaries, Lai Mohammed and Joe Igbokwe in that order, expressed “shock at such a blatant misuse of state power against the opposition.” They described it as the beginning of a dangerous slide towards crass dictatorship.
The party leaders wondered why the police, apparently acting on orders, would deprive Nigerians of their constitutionally-guaranteed rights to move freely and express their opinions within their country, more so when they are not carrying arms or causing public disorder.
Mohammed said: “Stopping the vehicles conveying the party members and confiscating the keys to the vehicles, just to ground them, is nothing but sheer government tyranny against its own people.
“This is a new law for those who are hell bent on abridging personal freedoms and muffling the voice of the opposition. The decision to virtually arrest all our members heading to Abuja to show solidarity with our party leader is a big blow to the rule of law and negates the tenets of constitutional democracy. It confirms the general belief that, indeed, the charges against Tinubu were politically motivated.”
On his part, Igbokwe said: “The action of the over zealous security agents working in tandem with the Peoples Democratic Party (PDP) to rubbish and humble the opposition is not acceptable in a democracy. What is wrong is wrong and what is right is right. We note that the sad incident, which took place in Lokoja is reminding us of what transpired in Nigeria in the days of former military junta, which political commentators christened the days of the locusts.
“We insist that the trial of our national leader (Tinubu) five years after he left office is politically motivated. The Federal Government-controlled PDP has not forgiven the Servant Leader Bola Ahmed Tinubu for causing the political earthquake in the South-West and beyond in 2011general elections.”
The party warns that PDP is travelling on the road that is familiar to it and would not be intimidated.
Tinubu’s present travail is traced allegations made by the Code of Conduct Bureau (CCB) on October 17, 2007. The bureau had listed him among 15 former governors that breached its code on asset declaration.
The other former governors are Dr. Sam Egwu (Ebonyi State), Chief Achike Udenwa (Imo), Chimaroke Nnamani (Enugu), Ahmed Makarfi (Kaduna) Attahiru Bafarawa (Sokoto), Adamu Aliero (Kebbi), Gbenga Daniel (Ogun), Olagunsoye Oyinlola (Osun), Boni Haruna (Adamawa), Ayo Fayose (Ekiti), Lucky Igbinedion (Edo), and James Ibori (Delta).
Tinubu is the first of the affected former state chief executives to be arraigned before the tribunal by the bureau.
Since the tribunal summoned Tinubu, the case has generated a lot of controversy in the polity. His appearance yesterday split politicians into opposing camps on the rationale or otherwise of reopening the case.
While some said that the trial was a politically motivated because Tinubu caused the ruling PDP much pains, others said President Goodluck Jonathan had just kick-started his war against corruption, choosing the “untouchables” as his starting point.
The PDP and the ACN are no strange bedfellows as far the judiciary is concerned. The travail of Tinubu is by extension the long court battle between the two parties. The PDP has come out the loser in all the major cases.
The ACN Governors Adams Oshiomhole (Edo State), Kayode Fayemi (Ekiti) and Rauf Aregbesola (Osun) reclaimed their mandates at the Court of Appeal Court, which swept the PDP out of the South-West.
Click to signup for FREE news updates, latest information and hottest gists everydayACN condemns alleged harassment of members
FORMER Governor of Lagos State, Bola Ahmed Tinubu was yesterday formally arraigned before the Code of Conduct Tribunal (CCT) in Abuja for allegedly operating 10 foreign bank accounts while in office.
Tinubu’s alleged action the tribunal heard was a breach of the code of conduct for public officers in Nigeria.
The trial of the former governor was however stalled as Tinubu objected to his plea being taken based on a preliminary objection, which challenged the competence of the charge and the jurisdiction of the tribunal to try him.
Within and around the premises of the court were tens of stern-looking mobile policemen, who restrained loyalists of Tinubu, who had thronged the tribunal to show solidarity to him. Even journalists had a harrowing experience as security operatives barred them from entering the premises.
After several phone calls to the Police authorities at the Force Headquarters and the Federal Capital Territory (FCT) Police Command, the security operatives admitted journalists in, while Tinubu’s supporters looked on and sang different choruses in praise of the Action Congress of Nigeria (ACN) leader.
While the passers-by were being treated to songs and dance, the real business was going on inside the court with Governor Abiola Ajimobi of Oyo State and his Osun State counterpart Rauf Aregbesola as well as some notable members of the South West in the National Assembly in attendance.
Prosecution counsel, Dr. Alex Aigbe Izinyon (SAN) asked Tinubu to take his place in the dock. And as he entered the dock, Izinyon who had filed an amended charge yesterday against the ACN chief, applied that it be read to him.
But Tinubu’s lead counsel, Chief Wole Olanipekun, who had on his team 35 lawyers including 10 senior advocates, objected to his client’s plea being taken on the count that he had a preliminary objection challenging the jurisdiction of the tribunal to entertain the charge and its competence.
Olanipekun told the tribunal that they were never served with a copy of the charge, but having come to their notice through other means, the accused person and the legal team decided to appear before it in demonstration of their respect for the court and “unalloyed” belief in the rule of law and justice.
Izinyon conceded that personal service is crucial to any criminal matter, but explained that it was not easy to effect personal service on him. He pledged to cooperate with the tribunal to ensure that justice was done in the case. Izinyon also informed the tribunal he had already filed a motion before the court for the purpose of the amendment.
But Olanipekun notified the CCT of an earlier preliminary objection, which it had filed challenging the earlier charge. He said since Izinyon had filed an amended charge, the defence team would need time to file a fresh preliminary objection to the amended charge.
Although that position attracted some fresh arguments, the tribunal was inclined to granting an adjournment as it held that no other step could be taken until the issue of its jurisdiction had been resolved one way or the other.
Accordingly, the tribunal’s chairman, Danladi Yakubu Umar, adjourned the case to October 26, 2011.
As Tinubu, clad in a navy blue traditional attire with a navy blue cap with some light blue strips, was being driven off in measured pace, apparently to allow him acknowledge his supporters, he wound down the glass on his side and waved at them.
The three-count amended charge filed against Tinubu by Kyari Ahmed from the office of the Attorney-General of the Federation read that “as former governor of Lagos State and being a public officer as listed in part II of the Fifth Schedule to the 1999 Constitution and having subscribed to the oath of office as contained in the same schedule to the constitution on assumption of office between 1999-2000 and while in office engaged yourself in the operation of several foreign bank accounts.”
The banks were named as First Heritage Bank, Country Club Hills, Illinois, USA with the Account Name as Bola Tinubu with Account Number 263226700; Citibank in New York using the Account Name of Bola Tinubu & Compass Finance and Investment Company Ltd with Account Numbers 39483134, 39483396,4650279566, 00400220, 39936404, 39936383; Citibank International, New-York with Account Name as Bola Tinubu and Account Numbers 52050-89451952 and 52050-89451953.
Tinubu is also accused of operating an account with HSBC, 177 Great Portland Street London, WIW 6QJ under Senator Bola Tinubu, with Account Number 71253670, Sort Code -40-03-15; HSBC, 177 Great Portland Street, London, WIW 6QJ. Account Name: Senator Bola Oluremi Tinubu, Account Number: 1253670 Sort Code -40-03-15; HSBC, 177 Great Portland Street London, WIW 6OJ.
Account Name: Senator Bola Tinubu - Money Market Account Number 04320002DN, and another account with the same bank under the name London of Tinubu Habitat Oyindamola (Miss) with Account Number 1320960111.
The ACN leader also allegedly owned another account with the name, Tinubu Zainab Abisola (Miss) with Account Number 172447101 with HSBC and another account under the name of Tinubu Oluremi Shade with Account Number 1916667988 with the same bank and a similar account with the name of Oluremi Shade Tinubu with Account Number 41421522 contrary to section 7 of the Code of Conduct Bureau and Tribunal Act; Cap C15 LFN, 2004 as amended and punishable under section 23 (2) thereof as incorporated under paragraph 18, part 1, Fifth Schedule to the 1999 Constitution.
Tinubu was also accused of misinforming the conduct bureau by stating that in Form CBB1 that he had no foreign account thereby violating section 15 (2) of the Code of Conduct Bureau and Tribunal Act, Cap C15 LFN, 2004 as amended and punishable under paragraph 18, Fifth Schedule to the nation’s constitution (as amended).
But Tinubu has not admitted owning the accounts, sources on legal team said.
Meanwhile, the ACN has alleged harassment of its members by the police, who stopped them from travelling to Abuja on Tuesday to show solidarity with Tinubu, who appeared before the tribunal in Abuja yesterday.
In separate statements issued in Abuja and Lagos, ACN National and Lagos Publicity Secretaries, Lai Mohammed and Joe Igbokwe in that order, expressed “shock at such a blatant misuse of state power against the opposition.” They described it as the beginning of a dangerous slide towards crass dictatorship.
The party leaders wondered why the police, apparently acting on orders, would deprive Nigerians of their constitutionally-guaranteed rights to move freely and express their opinions within their country, more so when they are not carrying arms or causing public disorder.
Mohammed said: “Stopping the vehicles conveying the party members and confiscating the keys to the vehicles, just to ground them, is nothing but sheer government tyranny against its own people.
“This is a new law for those who are hell bent on abridging personal freedoms and muffling the voice of the opposition. The decision to virtually arrest all our members heading to Abuja to show solidarity with our party leader is a big blow to the rule of law and negates the tenets of constitutional democracy. It confirms the general belief that, indeed, the charges against Tinubu were politically motivated.”
On his part, Igbokwe said: “The action of the over zealous security agents working in tandem with the Peoples Democratic Party (PDP) to rubbish and humble the opposition is not acceptable in a democracy. What is wrong is wrong and what is right is right. We note that the sad incident, which took place in Lokoja is reminding us of what transpired in Nigeria in the days of former military junta, which political commentators christened the days of the locusts.
“We insist that the trial of our national leader (Tinubu) five years after he left office is politically motivated. The Federal Government-controlled PDP has not forgiven the Servant Leader Bola Ahmed Tinubu for causing the political earthquake in the South-West and beyond in 2011general elections.”
The party warns that PDP is travelling on the road that is familiar to it and would not be intimidated.
Tinubu’s present travail is traced allegations made by the Code of Conduct Bureau (CCB) on October 17, 2007. The bureau had listed him among 15 former governors that breached its code on asset declaration.
The other former governors are Dr. Sam Egwu (Ebonyi State), Chief Achike Udenwa (Imo), Chimaroke Nnamani (Enugu), Ahmed Makarfi (Kaduna) Attahiru Bafarawa (Sokoto), Adamu Aliero (Kebbi), Gbenga Daniel (Ogun), Olagunsoye Oyinlola (Osun), Boni Haruna (Adamawa), Ayo Fayose (Ekiti), Lucky Igbinedion (Edo), and James Ibori (Delta).
Tinubu is the first of the affected former state chief executives to be arraigned before the tribunal by the bureau.
Since the tribunal summoned Tinubu, the case has generated a lot of controversy in the polity. His appearance yesterday split politicians into opposing camps on the rationale or otherwise of reopening the case.
While some said that the trial was a politically motivated because Tinubu caused the ruling PDP much pains, others said President Goodluck Jonathan had just kick-started his war against corruption, choosing the “untouchables” as his starting point.
The PDP and the ACN are no strange bedfellows as far the judiciary is concerned. The travail of Tinubu is by extension the long court battle between the two parties. The PDP has come out the loser in all the major cases.
The ACN Governors Adams Oshiomhole (Edo State), Kayode Fayemi (Ekiti) and Rauf Aregbesola (Osun) reclaimed their mandates at the Court of Appeal Court, which swept the PDP out of the South-West.
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