Search Site: OnlineNigeria

Close






Abacha loot: Mohammed Abacha must face trial –Appeal Court

Posted by By EMMANUEL OGOIGBE,Warri on 2005/04/19 | Views: 1941 |

Abacha loot: Mohammed Abacha must face trial –Appeal Court


He is contesting the legality of his trial before the Abuja High court on the grounds that he had complied with the provisions of Forfeiture of Assets (Certain Persons) Decree No. 53 of 1999.

He is contesting the legality of his trial before the Abuja High court on the grounds that he had complied with the provisions of Forfeiture of Assets (Certain Persons) Decree No. 53 of 1999.

Mohammed told the court through his counsel, Mr. Joseph Daudu (SAN), that in so far as he complied with the provisions of the said decree, no criminal or civil suit could be instituted against him.

He had approached the Court of Appeal to give its opinion on the following questions;

•As it relates to the 123 counts in CR/21-24/2000 upon which the Applicant is standing trial before the High court of the FCT, whether the same court can exercise its judicial power under section 6-6 (a) of the 1999 constitution to determine the civil rights and obligations by putting him on trial in view of the provisions of Forfeiture of Assets Decree No. 53 ,which has resolved the issues of criminal liability arising out of the charges?
•What is the effect of Decree No. 53 of 1999 on the innocence or otherwise of the Applicant trial as it relates to the 123 charges against him.

• Have the criminal issues the High court is seeking to determine not been concluded therein and if answered in the affirmative does this court possess the jurisdiction to hear criminal allegations on an issue that has been resolved by an Act of parliament.

• Since the thread that runs through the 123 charges in the trial the applicant is presently standing before the court is that the applicant received stolen property from the late Head of State, can any fund dealt by the latter in his capacity as Head of State be questioned by another administration?
But in its judgment, the appellate court resolved all the questions in favour of Federal Government, saying that, there is nothing in the provision of Decree No. 53 of 1999 which inhibits the Abuja High court from exercising its judicial power to try Abacha.

Justice Amina Augie, who read the lead judgment of the court also held that the said decree did not resolve any criminal issues sought to be determined in the high court of Abuja.
The court held further that the said Decree No.53 did not confer any immunity on Mohammed Abacha.
But counsel to Mohammed has expressed his indication to challenge the judgment before the Supreme court.

Read Full Story Here.... :
Leave Comment Here :



Add Comment

* Required information
1000
Captcha Image

Comments (3)

Gravatar
New
Okfold(Sobe, Edo, Nigeria)says...

I want the meaning of female owan name Ekeke (Edo state)

Gravatar
New
Toluwalase Samuel Olufemi(Ijebu, Ogun, Nigeria)says...

Authority belongs to God, once He decrees it is final and binding

Gravatar
New
Ikponmwosa Osamede(Edo, Nigeria)says...

Your meaning of Osamede is wrong. Osamede means God has given me a crown