Posted by By GODWIN TSA and JOY MBAEYI, Abuja on
The Code of Conduct Tribunal on Wednesday struck out the charges preferred against Vice President Atiku Abubakar by the Federal Government on the grounds that it has no jurisdiction to try him in view of his immunity under section 308 0f the 1999 constitution. This coming at a time Atiku has traveled to London for medical treatment.
The Code of Conduct Tribunal on Wednesday struck out the charges preferred against Vice President Atiku Abubakar by the Federal Government on the grounds that it has no jurisdiction to try him in view of his immunity under section 308 0f the 1999 constitution.
This coming at a time Atiku has traveled to London for medical treatment.
In its ruling, the Code of Conduct Tribunal, however, said it would prosecute former Executive Secretary of the Petroleum Technology Development Fund (PTDF), Hamisu Abubakar and Umar A. Pariya, personal assistant to Atiku who were charged alongside with the vice president.
Accordingly, Chairman of the Code of Conduct Tribunal, Justice Constance Momoh, has ordered Abubakar and Pariya to appear before the tribunal on May 8, 2007 to enter their plea.
Counsel to the accused persons, Mr. Aondoakaa (SAN) said he was challenging the ruling of the Tribunal at the Court of Appeal. He had earlier asked the tribunal to dismiss the charges against them on the grounds that the charge upon which they were summoned before the tribunal alongside Atiku had been set aside in the judgment of Justice Anwuri Chikere of a Federal High Court, which has been affirmed by the Court of Appeal. He therefore contended that there was nothing left before the tribunal against his client.
The lawyer was however, overruled by the Tribunal, which agreed with the submissions of the prosecution counsel, Mr. Thompson Olatigbe, to the effect that his clients were not part of the proceedings, at both the trial and appellate courts and therefore cannot benefit from the said judgments.
Justice Constance further held that since both the former PDTF executive secretary and Atiku's personal assistant, Pariya, are not covered by the immunity clause, the tribunal cannot exempt them from trial.
Counsel to Atiku, Mr. O. Jolaawo had prayed the tribunal to dismiss the charge against his client in view of the judgment of the Court of Appeal.
In her ruling, Justice Momoh said: "There is no gainsaying the fact that the Court of Appeal judgment is binding on the tribunal since there is no appeal against the judgment. The tribunal is guided by the interpretations and conclusion reached by the Court of Appeal. In view of the Court of Appeal judgment, the tribunal shall allow the application that the charge against the vice president should be struck out.
"There is no need staying the matter, all the count charge are hereby struck out.
"As for the 2nd and 3rd accused (Hamisu Abubakar and Umar Pariya), the tribunal disagreed with the submissions of counsel that they cannot be tried. They cannot seek cover by in judgment of the Court of Appeal since the proceedings before the trial court and the Court of Appeal relates to the issue of immunity as it affects Atiku.
"The 2nd and 3rd accused have no immunity and were no parties to the suit. We hold that they should stand trial and each shall take his plea against him.
"The charge against Atiku has been impliedly voided. His name and count against him are hereby struck out. On the same charge, the names of the 2nd and 3rd accused, the count against them shall remain and they will take their plea on May 8, 2007. All pending motions filed on behalf of Atiku are hereby struck out while all motions filed on behalf of the 2nd and 3rd accused shall remain and their plea be taken on May 8," the tribunal ruled.
Meanwhile, the tribunal has reserved its ruling against Governors Ahmed Bola Tinubu of Lagos State, Dr. George Akume of Benue State and Chimaroke Nnamani of Enugu State till May 8, 2007.
Federal Government had dragged the vice president before the tribunal for alleged diversion of $125 million meant for the Petroleum Development Fund (PTDF) using the Trans-International Bank, an offence said to be contrary to section 13 of the Code of Conduct Bureau and Tribunal Act Cap 56, Laws of the Federation of Nigeria [LFN].
In a swift reaction, Atiku approached a Federal High Court through his team of lawyer, where he challenged the powers of the Code of Conduct Tribunal to trial him as a sitting vice president who is shielded from both civil and criminal trial by virtue of section 308 of the 1999 constitution.
Meanwhile, Atiku has traveled to London, United Kingdom for a post-surgery check-up on his injured knee.
According to the Atiku Campaign Organization, the vice president is scheduled to undergo the post-surgery evaluation on Monday, April 23 but delayed his trip to attend the meeting of opposition political parties over the outcome of the general elections.
The statement said that Atiku will go to the United States of America from London before returning to the country.