http://www.punchng.com/Articl.aspx?theartic=Art200903070362076
Ribadu drags Code of Conduct tribunal, AGF to court

The former Chairman of the Economic and Financial Crimes Commission, Mallam Nuhu Ribadu, has dragged the Code of Conduct Tribunal and the Attorney-General of the Federation and Minister of Justice, Mr. Michael Aondoakaa, SAN, to court.

Ribadu is urging the Federal High Court in Abuja to protect him from the tribunal, which will commence hearing on Monday, on his alleged failure to declare his assets as prescribed by law.

But Ribadu told the court on Friday that he was innocent of the charges against him.

In an affidavit filed in support of the originating summons, a deponent, Olusola Egbeyinka, averred that Ribadu was innocent of the charge as he duly declared his assets in line with the law.

Ribadu is also urging the court to hold that the CCT is not competent to try him because he is no longer a public officer even as the tribunal is not properly constituted.

At its last sitting on January 28, the CCT Chairman, Justice Constance Momoh, and Alhaji Muritala Adebayo, SAN, had threatened to issue a bench warrant for Ribadu‘s arrest if he did not appear at the next sitting.

Does he have to be in court? Is he defending himself or are the lawyers doing it?

What purpose does being in court serve? Is Aondoakaa going to be in court?

Your opposition to Ribadu is well documented here, but try to stay objective. Unless he is required to give evidence in person, he has no reason to be in court - he can be ably represented by his attorneys or solicitors.

sweetheart, i'm not sure where exactly you're going with this basket full of water, but according to the book, mallam nuhu ribadu's appearance in court before judge is required despite the fact that charges have yet to be filed against him.
i did not make it up, that's the rule.
if the man is clean, please let him go and prove it in court just like any other nigerian citizen.

it has been 3 times in a roll this man has refused to show up, let's see what kind of excuse he's going to come up with this time. the last time, he was too scared of being assassinated in the court, but wasn't scared at-all to show up at the airport just few days later. I can't wait to see the out come of this latest appearance.

cre8tivity:

sweetheart, i'm not sure where exactly you're going with this basket full of water, but according to the book, mallam nuhu ribadu's appearance in court before judge is required despite the fact that charges have yet to be filed against him.
i did not make it up, that's the rule.
if the man is clean, please let him go and prove it in court just like any other nigerian citizen.

Kindly educate as to what exactly this 'rule' is - if the proceedings are illegal as he is asking the High Court to rule, there is no reason why he would present himself before a legally void sitting of the code of conduct tribunal.

If the CCT is determined to do it's job, he can be tried in absentia can he not?

yes, you're right, a party may appear in person or be represented by counsel in certain scenario. but in this case, mr ribadu 9as a former top official of the federal government) has made himself unavailable in many cases, therefore he must be arraigned in person. according to the law, during the arraignment process, the appearance of a person who has been formally accused of a crime before the court of law that has jurisdiction to try, is required. this individual is required to answer the accusations of the indictment by himself or herself. After the accused person is identified, then the indictment is read, and he or she must plead guilty or not guilty. according to the book, the arraignment always follows the indictment and may be regarded as the first stage in the trial of the accused.
sweetheart, if sending lawyer to represent you during arraignment proceeding was an option, many federal government top officials in nigeria would have exercised this option.
ribadu wouldn't even show up for questioning. could you please check the record and discover what happened to people that refused to acknowledge efcc invitations during ribadu's illegal operations.
we need to stop finding excuses that encourage this foolishness. ribadu has one head just like the rest of us. he is not to cool or too special or too important to abide by the same laws each and everyone of us follows.
if he's clean, he should then go and make his case in the court of law.

Depends on the security

http://www.vanguardngr.com/content/view/30461/43/
Asset declaration: Ribadu asks court to stop his trial

ABUJA—Pioneer Chairman of the Economic and Financial Crimes Commission (EFCC), Mallam Nuhu Ribadu has approached a Federal high court sitting in Abuja seeking for an order stopping the Code of Conduct Tribunal from trying him.
Ribadu is standing trial before the tribunal over his alleged failure to declare his assets while holding public office.
He is being defended by Lagos lawyer, Mr Nuhu Ribadu.

He has been ordered by the tribunal to appear willynilly before it on Monday
The tribunal chairman, Justice Constance Momoh, had said, at the last adjourned date that bench warrant would be issued against him if he failed to show up Monday. His counsel, Mr Falana, had promised to produce him.

But about 72 hours to the trial date, Ribadu had gone before a regular Federal high court seeking for an order to stop his further trial. He had sued the Code of Conduct Tribunal trying him and the Attorney General of the Federation and Minister of Justice, Mr. Michael Aondoakaa (SAN) prosecuting him.

In the suit, Ribadu is praying the court to declare that the tribunal is not competent to try him because he is no longer a public officer and that the tribunal is not properly constituted.

Besides, he is seeking an order of Perpetual Injunction restraining the defendants from trying him in any manner whatsoever and howsoever.

In the originating summons filed at the Federal High Court, Abuja Ribadu specifically wants the court to determine if by virtue of part II of the 5th schedule to the 1999 Constitution, the CCT is competent to try persons who have ceased to be public officers.

*If by virtue of paragraph 15 of part 1 of the 5th schedule to the 1999 constitution, the CC is properly constituted with Chairman and another member.

In an Affidavit filed in support of the Originating Summon, deposed to by Olusola Egbeyinka, he averred that Ribadu is innocent of the charge as he declared his assets in line with the law.

ABUJA-Pioneer Chairman of the Economic and Financial Crimes Commission (EFCC), Mallam Nuhu Ribadu, yesterday told the Code of Conduct Tribunal sitting in Abuja that he would not be available for trial until after September 30, 2011.
Ribadu was charged by the Federal Government before the Conduct Tribunal over his alleged failure to declare his assets while he was in public office.
He was scheduled to appear before the tribunal yesterday for arraignment or be declared wanted.
But the ex-EFCC boss who was absent yesterday at the tribunal sent words to the effect that he is presently undergoing a fellowship programme at Oxford University in the United Kingdom.
Exhibiting his letter of admission dated August 12, 2008 before the tribunal, he said he would not conclude the programme until September 30, 2011.
By implication, Ribadu would not be available for trial until after completion of his programme at the Saint Anthony's College, Oxford University.
He could only be forced to face trial in Nigeria if he is extradited by virtue of taking advantage of the provisions in the Legal Mutual Assistance Treaty between Nigeria and UK.
His message to the tribunal was conveyed by his lead counsel and Lagos lawyer, Mr Femi Falana.
He said that even if he were within the jurisdiction of the tribunal, he said he was not properly served all the court processes in the case.
He said that the processes in the case were served on his wife.
But Falana said that his client still briefed him to appear before the tribunal out of respect it has for it.
The Lagos lawyer further argued yesterday that assuming his client was properly served all processes in the case, he said the tribunal, yet, lacked the jurisdiction to try him over the said offence, for two reasons.
He said, in the first place, the tribunal was not properly constituted since only two of the statutory three members were sitting on his case.
He also said that he was not a serving public officer who could be tried by the tribunal.
His counsel had already filed a preliminary objection seeking to quash the charge preferred against him.
The Tribunal Chairmam, Justice Constance Momoh who had, at the last adjourned date, threatened to order Ribadu's arrest if he was not physically present in court yesterday, had accepted the explanation for his absence in court.
She said that the acceptance of the explanation would not in any way stop the tribunal from ordering his physical presence before it, if need be.
The tribunal also adjourned hearing in the case till April 23.
Justice Momoh said the tribunal would sit on the said date in Kaduna on the issue of jurisdiction.
Meanwhile, Ribadu has gone before a Federal high court sitting in Abuja to stop his trial before the Code of Conduct Tribunal.
He sued the Code of Conduct Tribunal trying him and the Attorney General of the Federation and Minister of Justice, Mr. Michael Aondoakaa (SAN) prosecuting him.
In the suit, Ribadu is praying the court to declare that the tribunal is not competent to try him because he is no longer a public officer and that the tribunal is not properly constituted.
Besides, he is seeking an order of Perpetual Injunction restraining the defendants from trying him in any manner whatsoever and howsoever.
In the originating summons filed at the Federal High Court, Abuja Ribadu specifically wants the court to determine if by virtue of part II of the 5th schedule to the 1999 Constitution, the CCT is competent to try persons who have ceased to be public officers.
*If by virtue of paragraph 15 of part 1 of the 5th schedule to the 1999 constitution, the CC is properly constituted with Chairman and another member.
In an Affidavit filed in support of the Originating Summon, deposed to by Olusola Egbeyinka, he averred that that Ribadu is innocent of the charge as he declared his assets in line with the law.
But the A-GF has challenged the suit.
In a notice of Preliminary Objection, counsel to A-GF, Mrs. A.O Mbamali said the plaintiff's suit as formulated is incompetent, frivolous, vexatious and an abuse of judicial process.
She contends that the plaintiff has no locus standi to institute the action, and that the court lacks requisite jurisdiction to entertain the suit.

ribadu is nothing but an ignorant thief. the man feels he's too special, too great to obey the rules. anyone that condones this type of moronic behaviour is an enemy of this country. ribadu has shown us that it's all about himself and his stolen government properties. he should be brought back to face all charges against him.
he's a dirty bush rat and another cancer that has brought this country down on her knees. he should be punished for deceiving nigerians and taking us for a ride, just like the governors.

Does he have to be in court? Is he defending himself or are the lawyers doing it?

What purpose does being in court serve? Is Aondoakaa going to be in court? Huh

Your opposition to Ribadu is well documented here, but try to stay objective. Unless he is required to give evidence in person, he has no reason to be in court - he can be ably represented by his attorneys or solicitors.

Debosky,
if i may ask, all these procedures mentioned above, were they newly introduced into our law books or were they there when ribadu was the efcc chairman?
could you please tell us how many of his victims were tried in absentia.
this same ribadu who is crying foul play now was the same man who calls others thieves and criminals even before questioning them and i mean these were things that happened in about two yrs ago.
if u have forgotten the ribadu madness, do u forget his reactions in the atiku saga?
when will nigeria and nigerians threat all matters in the same way.
the issue of selective justice has been the major setback in our country.
ribadu was celebrated just a few yrs ago when he was using absolute powers to intimidate people and today he wants things to be done accordingly.
do u think anyone would have been this stubborn with ribadu during his days? and we all know that the answer is no.

I've tried everything to stay away from anything that has to do with this disgusting hypocrite, called Ribadu.

He's a complete stigma, a fraud and a selfish ego maniac that has capsized the progress of this wonderful nation.
And I blame the federal government for entertaining this stupidity for this long. This man should have been captured, dragged on the floor and caged like a bird many months ago.

Every great citizen of any nation must abide by the rule of law without any question.
We must keep in mind that people are watching and the kids all around the country are also paying attention to this absurdity in action; and if Ribadu gets away with this despicable behaviour, I think it's over for this country.

I do not care which village you come from, there is no entity that is bigger than the laws of the land.
Ribadu should be forced to defend himself like a man in the court of law.

Big B1:

I've tried everything to stay away from anything that has to do with this disgusting hypocrite, called Ribadu.

He's a complete stigma, a fraud and a selfish ego maniac that has capsized the progress of this wonderful nation.
And I blame the federal government for entertaining this stupidity for this long. This man should have been captured, dragged on the floor and caged like a bird many months ago.

Every great citizen of any nation must abide by the rule of law without any question.
We must keep in mind that people are watching and the kids all around the country are also paying attention to this absurdity in action; and if Ribadu gets away with this despicable behaviour, I think it's over for this country.

I do not care which village you come from, there is no entity that is bigger than the laws of the land.
Ribadu should be forced to defend himself like a man in the court of law.

@ Big Bullshit 1,

You should be the least educated person to talk about Ribadu seriously. Where were you when your progenitor (IBB) refused to face the Oputa Panel back in the days? Is he not a man? What a shame if you cannot reason articulately.

Lets be clear, it's the code of conduct tribunal that is asking Ribadu to show up and not a court of law,

@ BIGB1 How quick and soon do you forget that your father the toothless general never honoured any of the invitation of the OPUTA panel or OKIGBO panel

so why should Ribadu honor this invitation? what a nation of idiots.

I am convinced that BIGB1 is married to cre8tivity

When IBB and his sons can honor an indictment, then talk to us about Ribadu.

Mr. Pataki:
This topic is about Ribadu's refusal to show up and face all charges against him. Why don't you test me and post a new topic regarding IBB's refusal to face Oputa Panel?

And you need not to call names to prove yourself; just drop your point like an adult and move on.

MAMAJAMA:
It is known all over Abuja that Ehindero is finished if Ribadu ever shows up in court. Therefore, I totally understand your concerns and support.

Mamajam and Pataki, what is yourpoint and you saying this is how a citizen should respond to the Code of Conduct? I mean let us be honest to ourselves, something is wrong here.
Violations of the Code of Conduct should not be tolerated.

all in all, someone somewhere is in-charge of all these.
if ribadu comes to court, who is he coming to implicate? his boss - obj. so he will not come.
the oputa panel was a simple joke put up by one man to attract attention of nigerians. the seriousness of that panel was seen in the outcome of all that expenditure.
not until that invincible hands of otah farm is cut off entirely from the governance of nigeria, nothing will move forward.
after much time in office, the cartel is coming up with another distracting topic of tenure elongation. who said a dog can give birth to a snake?
obj forced yar adua on us and the man is as confused as his mentor.
ribadu simply means deceit. this was a man saying it every minute of the day that he was ready to die for nigeria to do away with corruption. this was the same man dragging people like goats yesterday pretending to be fighting corruption. how come he is running away from all invitations from every other authorities. to show that they are all interpreting scripts, why are they not arresting him.
touch ribadu in earnest and nigerians will hear the untold truths so with ribadu free, the truth will remain untold.

to show that they are all interpreting scripts, why are they not arresting him.
touch ribadu in earnest and nigerians will hear the untold truths so with ribadu free, the truth will remain untold.

You know what? You got me thinking.
That's a good one.

Another method of leaders challenging leaders (AKA:thieves challenging thieves); may be MAMAJAMA will be kind enough and predict who is going to win the war between the 2 sides.

@Debo,

I did not know you are also a magician carrying basket full of water. Yes, the tribunal could issue a subpoena to the defendant to appear or threaten an arrest warrant if Ribadu is in town running around in an effort to stop the proceedings of the legally or illegally constituted tribunal. The defendant could also be tried in absentia if the defendant is out of the country and could not appear before the tribunal as submitted by the defendant’s lawyers.

In this case, Ribudu is in the country and seeking injunction from Federal High Court to stop the proceedings of the legally or illegally constituted tribunal.

Dede1:

@Debo,

I did not know you are also a magician carrying basket full of water. Yes, the tribunal could issue a subpoena to the defendant to appear or threaten an arrest warrant if Ribadu is in town running around in an effort to stop the proceedings of the legally or illegally constituted tribunal. The defendant could also be tried in absentia if the defendant is out of the country and could not appear before the tribunal as submitted by the defendant’s lawyers.

In this case, Ribadu is in the country and seeking injunction from Federal High Court to stop the proceedings of the legally or illegally constituted tribunal.

I am not aware that Ribadu is in the country - I believe he is (or was) in Oxford studying. Please prove otherwise. If Ribadu is challenging the legality of the panel, then he has every right to abstain from appearing, especially if he feels his rights could be threatened.

Let the tribunal issue the arrest warrant if he is Nigeria to compel him to appear, or is Ribadu preventing them from doing that? You have presented no evidence that he is in the country. Ribadu 'appearing' before a High Court could simply mean his lawyers have acted on his behalf.

@ Big B1 and Depilot,

Where were you in the days of Oputa panel when Babaginda was summoned? Where were you when Obasanjo was summoned of recent? If you had raised your voice back then, I have no further argument on this matter.

If Ribadu has failed to attend a Code of Conduct, let an arrest be summoned for him. However, I doubt if he is still in the country at the moment though.

So, since we failed to deliver with Ibb and Obasanjo, it is only right to continue the same failed practise with Ribadu's case? How smart is that?

Typical Nigerians! We love answering questions with corresponding questions.

debosky:

I am not aware that Ribadu is in the country - I believe he is (or was) in Oxford studying. Please prove otherwise. If Ribadu is challenging the legality of the panel, then he has every right to abstain from appearing, especially if he feels his rights could be threatened.

Let the tribunal issue the arrest warrant if he is Nigeria to compel him to appear, or is Ribadu preventing them from doing that? You have presented no evidence that he is in the country. Ribadu 'appearing' before a High Court could simply mean his lawyers have acted on his behalf.

My bad, the article did not indicate that Ribadu is physically present in the country.

Ribadu knew in advance that his court date was coming. A responsible citizen who loves his country and has nothing to hide would have waited to defend himself. He is now in Oxford studying just like Al-rufai.
Can't you guys see that these people are taking you for fools? It will greatly benefit nobody but Nigeria if we can just be honest to ourselves and let it be known if something is not right.

Pataki

Where were you in the days of Oputa panel when Babaginda was summoned? Where were you when Obasanjo was summoned of recent?

Is this all you can come up with? I expected more than this "low-level thinking" statement you've posted.