Former Governor of Lagos State and leader of Action Congress of Nigeria, ACN, Asiwaju Bola Tinubu, was yesterday docked before the Code of Conduct Tribunal, CCT, sitting in Abuja, on allegations that he operated 10 foreign accounts while in office between 1999 and 2007.
He is answering to a three-count criminal charge preferred against him by the Federal Government.
The former governor was specifically accused of violating Section 7 of the Code of Conduct Bureau and Tribunal Act, Cap C15 LFN, 2004 as amended, by operating the said accounts, an offence punishable under Section 23(2) thereof as incorporated under paragraph 18, part 1, fifth Schedule to the 1999 Constitution of the Federal Republic of Nigeria.
Though the accused person was present in court, yesterday, he however, declined to enter his plea to any of the allegations levelled at him, contending that he would need time to peruse the charge which he said was served on his legal team right inside the court room.
Tinubu protests against procedure
Chief Wole Olanipekun, SAN, who led nine other Senior Advocates of Nigeria, that entered their appearance for the defendant, while asking for an adjournment of the case, protested against the procedure adopted by the prosecution in summoning his client to court.
He maintained that the decision of his client to appear before the three-man panel of justices at the tribunal, was due to the utmost respect he has for the judiciary.
He said: “My lords, the defendant is before this tribunal out of utmost respect to the institution of the judiciary. All of us appreciate the fact that service of any court process is fundamental.
“It is however regrettable that no personal service was effected on him, a copy of the charge was dropped somewhere and he heard of it which he cannot deny. But out of respect and the nature of the matter he showed up before this court voluntarily.
“My lords, though we promise to give our cooperation within the ambit of the law and as permitted by the ethics of the profession, we however plead that henceforth, all processes should be served on us personally and not on the pages of newspapers. We don’t want it to be construed that the defendant refused to answer to the queries against him.”
However, government lawyer, Dr. Alex Iziyon, SAN, while conceding that the court process was not properly served on the defendant, however, justified the action, saying that “for the bailiff of this tribunal to see the accused person face to face to serve him the court process was not an easy thing.”
Meanwhile, as at the time all these verbal exchanges were made, Tinubu was seated at the gallery, a situation that prompted the prosecuting counsel to insist that he should mount the dock.
“Before we proceed Sir, I wish to make an observation. This is a criminal matter, and by the rules of this court once an accused is before the tribunal, a chair is placed for him at the dock to sit and listen to the proceedings.”
As the lead defence counsel, Olanipekun sprang to his feet to counter the submission of the prosecution, the accused person, Tinubu, on his own, calmly left his seat and proceeded to the dock.
Immediately Tinubu took his seat in the dock, the prosecution applied to withdraw the former one count charge against him, dated March 22, and sought to replace it with a fresh motion dated September 19 but filed on the 20th (Tuesday).
Though the defence counsel drew the attention of the court to the fact that they were served with the new charge yesterday morning, he stressed that they came to court with a view to challenging the previous charge which he said was grossly defective and incompetent.
He told the tribunal that they had filed a motion challenging the charge, asking that it should be quashed forthwith.
“Considering that time is important to us, we shall not be objecting to the application for the withdrawal of the former charge. We have browsed through the amended charge, we are going to raise a similar and more fundamental objections against it and the objection will affect the jurisdiction of this court to entertain this matter in the first place.
“However, we will need time to prepare a formal motion to that effect as we earlier did”, he added.
Drama over fresh charge
Barely two minutes after the CCT chairman, Justice Danladi Umar, who presided over the case alongside Justice Atedze W. Agwadza and Justice Robert I.E Udo, (rtd), admitted the fresh charge, another drama ensued following insistence on the part of the prosecution that the charge be read to the accused person for his plea to be taken.
He dismissed the contention of the defence counsel that once an objection is raised against the jurisdiction of a court to entertain a matter, plea taken ought to be kept in abeyance pending when the objection is determined.
Olanipekun, who had argued that the charges were defective, relied on the provisions of Section 167 of the Criminal Procedure Act, CPA, to insist that it was not trite for an accused to plead to such a defective charge.
He equally backed his position with the decided case law in FRN vs. Adewunmi, reported in 2007, 10 NWLR, pt 1047, as well as, Abacha vs. State, noting that the only jurisdiction available to the tribunal at this stage was that of determining whether or not it has the powers to try the matter.
“Plea is part of the defence of an accused person, he has not even seen or read the new charge against him, is he then expected to plead to what he doesn’t know?
“Even in Libya where nobody is in charge, that is not done! And, I don’t think that the procedure obtaining in Libya presently should be allowed in this court”, Olanipekun gasped.
Despite the contention of the counsel for the prosecution that the Criminal Procedure Code, CPC, is the statute applicable in the Federal Capital Territory, which he said permits an accused to enter his plea regardless of any preliminary objection against the substantive suit, the tribunal, however, overruled him on the grounds that the tenets of fair-hearing entails that an accused ought to be granted adequate facility to prepare his defence.
In his ruling, Justice Umar held that: “We will have to look at this case generally and we have to do justice to both the prosecution and the accused person. It is important that we grant the defendant the necessary time to file the objection then we can look at it to see if it is sustainable, if it is not, then we can proceed.
“However, I want to inform everyone that this is not a regular court where several frivolous motions are filed to stall trial. This matter must be dealt with summarily, speedily and expeditiously. Having said that, this case is hereby adjourned till October 26.”
The tribunal further ordered the complainant to file its written address within 14 days from yesterday while it gave the defendant five days to file a reply on points of law.
Abuja was agog, as thousands of supporters of Tinubu trooped to show solidarity with him. Despite the fact that over 500-armed mobile policemen barricaded roads leading to the court, many of them wiggled their way into the tribunal while others who were stopped miles from the vicinity, danced throughout the proceeding.
The charges against Tinubu
That you Bola Ahmed Tinubu, former Governor of Lagos State being a public officer as listed in part II of the fifth schedule to the 1999 Constitution of the Federal Republic of Nigeria and having subscribed to the Oath of office as contained in the fifth schedule to the 1999 Constitution on assumption of office between 1999 – 2000 and while in office as such engaged yourself in the operation of several foreign bank accounts namely.
I. Name of Bank – First Heritage Bank Country Club Hills, Illinois, USA
Account Name – Bola Tinubu, Account Number 263226700
II. Name of Bank – Citibank NA New York, USA.
Account Name – Bola Tinubu & Compass Finance and Investment Company Ltd. Account Number, 39483134, 39483396, 4650279566, 00400220, 39936404, 39936383.
III. Name of Bank – Citibank International New York Account Name Bola Tinubu, Account Number 52050-89451952 and 52050-89451953
IV.Bank– HSBC 177 Great Portland Street, London WIW6QJ. Account Name, Bola Tinubu, Account Number 71253670 Sort Code 40-03-15.
V. Name of Bank – Citibank International New York Account Name Bola Tinubu Account Number 52050-89451952 and 52050-89451953.
IV. Name of Bank – HSBC 177 Great Portland Street, London WIW6QJ. Account Name Sen. Bola Tinubu Account Number 71253670 Sort Code 40-03-15
V. Name of Bank – HSBC 177 Great Portland Street, London WIW6QJ. Account Name Sen. Bola Tinubu Account Number 71253670 Sort Code 40-03-15
VI. Name of Bank – HSBC 177 Great Portland Street, London WIW6QJ. Account Name Sen. Bola Tinubu – Money Market Account Number 04320002DN
VII. Name of Bank – HSBC 177 Great Portland Street, London WIW6QJ. Account Name Tinubu Habibat Oyindamola (Miss) Account Number 1320960111
VIII. Name of Bank – HSBC 177 Great Portland Street, London WIW6QJ. Account Name Tinubu Zainab Abisola (Miss) Account Number 172447101
XI. Name of Bank – HSBC 177 Great Portland Street, London WIW6QJ. Account Name Tinubu Oluremi Shade Account Number 1916667988
X. Name of Bank – HSBC 177 Great Portland Street, London WIW6QJ. Account Name Oluremi Shade Tinubu 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 of the Federal Republic of Nigeria (as amended).
Count 2
That you Bola Ahmed Tinubu, former Governor of Lagos State being a public officer as listed in the part II of fifth Schedule to the 1999 Constitution of the Federal Republic of Nigeria and having subscribed to the Oath of Office as contained in the fifth schedule to the 1999 Constitution on assumption of office between 1999 – 2000 and while in office as such engaged yourself and did maintain several foreign bank accounts namely:
I. Name of Bank First Heritage Bank Country Club Hills, Illinois, USA. Account Name Bola Tinubu Account Number: 263226700
ii. Name of Bank – Citibank NA New York, USA. Account Name Bola Tinubu & Compass Finance and investment Company Ltd. Account Number – 39483134, 39483396, 4650279566, 00400220, 39936404 and 39936383
iii. Name of Bank – Citibank International New York Account Name – Bola Tinubu, Account Number – 52050-89451952 and 52050-89451953
iv. Name of Bank – Citibank International New York Account Name Bola Tinubu Account Number 52050-89451952 and 52050-89451953
v. Name of Bank – HSBC 177 Great Portland Street, London WIW6QJ. Account Name Sen. Bola Tinubu Account Number 71253670 Sort Code 40-03-15
vi. Name of Bank – HSBC 177 Great Portland Street, London WIW6QJ. Account Name Sen. Bola Oluremi Tinubu Account Number 71253670 Sort Code 40-03-15
vii. Name of Bank – HSBC 177 Great Portland Street, London WIW6QJ. Account Name Sen. Bola Tinubu – Money Market Account Number 04320002D
viii. Name of Bank – HSBC 177 Great Portland Street, London WIW6QJ. Account Name Tinubu Habibat Oyindamola (Miss) Account Number 1320960111.
ix. Name of Bank – HSBC 177 Great Portland Street, London WIW6QJ. Account Name Tinubu Zainab Abisola
(Miss) Account Number 172447101.
x. Name of Bank – HSBC 177 Great Portland Street, London WIW6QJ. Account Name Tinubu Oluremi Shade Account Number 1916667988
xi. Name of Bank – HSBC 177 Great Portland Street , London WIW6QJ. Account Name – Oluremi Shade Tinubu 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 of the Federal Republic of Nigeria (as amended).
Count 3
That you Bola Ahmed Tinubu, former Governor of Lagos State being a public officer as listed in the part II of fifth Schedule to the 1999 Constitution of the Federal Republic of Nigeria and having subscribed to the Oath of Office as contained in the fifth schedule to the 1999 Constitution on assumption of office between 1999 – 2007 and while in office as such engaged yourself and did maintain several foreign bank accounts contrary to 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 1999 Constitution of the Federal Republic of Nigeria ( as amended).
Those in court yesterday
Some of the dignitaries in court yesterday were Governors of Osun and Oyo states, Rauf Aregbesola and Abiola Ajimobi. Others include Senator Adeleke Mamora, House of Representative member, Abike Dabiri; governorship candidate of ACN, in Akwa Ibom State, Akpan Udoedeghe, Asari Dokubo, among several others.
Aregbesola and Ajimobi took turns to condemn the trial, insisting that it was nothing but a political warfare against the ACN. He said that it was being masterminded by the ruling Peoples Democratic Party, PDP.
On his part, Tinubu, who was nearly carried shoulder high by his fans except for the intervention of his security aides, urged his party members and to remain calm, acknowledging, however, that he was a victim of political witch-hunt.
