I’m too busy with my studies – Ribadu
From GODWIN TSA, Abuja
Wednesday, March 11, 2009


Ribadu
Photo: Sun News Publishing
More Stories on This Section
Former Chairman of the Economic and Financial Crimes Commission (EFCC), Mallam Nuhu Ribadu, had for the second time failed to physically appear before the Code of Conduct Tribunal, saying he is too pre-occupied with his studies at Oxford University London.

Besides, he said the tribunal as presently constituted lacked the constitutional competence to try him over alleged non-declaration of his assets as required under section 15 of the Code of Conduct Tribunal Act 1990.

To that extent, the dismissed police officer has filed a notice of preliminary objection challenging the jurisdiction of the tribunal to adjudicate on the charges slammed against him by the Federal Government.

Although his lawyer, Mr. Femi Falana, who filed the preliminary objection, apologized for his absence at the tribunal, he later moved an oral application praying the tribunal to dispense with the presence of his client before the tribunal until the issues raised in the preliminary objections were determined.

He said: “We sincerely apologized for the absence of the accused at the tribunal. The time the charge was filed, the accused was not in the country as he had begun a senior fellowship programme at Oxford University.
“Even though the service of the process had not been personally effected on him, he insisted that I should enter appearance for him in utter respect for the tribunal.

“In response to the summons, we have filed a notice of preliminary objection challenging the jurisdiction of the tribunal. In the circumstance, I urge the tribunal to dispense with the presence of the accused until the determination of the issues raised in the objection are determined.”

He cited the Court of Appeal decision in the case of Chief Gani Fawhenmi V Attorney General of Lagos and 2 ors (1981) 3 NWLR (pt.112) pg.707 at 721 to support his arguments, while adding that the summons was defective and should be resolved before the accused person could take his plea.
After listening to the submissions of Falana, the tribunal Chairman, Justice Constance Momoh, said the tribunal had accepted his apologies and explanations and was satisfied that at the time the summons was served on his wife, he was out of the country.

“We also accept that a motion challenging the jurisdiction of the tribunal had been filed. The tribunal shall on April 23, 2009, at its Kaduna sitting hear his objections before he can take his plea.”
Ribadu had already instituted a suit before a Federal High Court against the Code of Conduct Tribunal and the Attorney General of the Federation, challenging the powers of the tribunal to try him.
The tribunal had on Wednesday, January 28, threatened to arrest the former anti-corruption czar if he failed to appear before it.
The threat came as Ribadu said he went underground for fear of his life.
http://www.ngex.com/cgi-bin/frame/frameit2.plx?link="http://www.sunnewsonline.com/"

I am very disappointed.

@poster
How? Can you explain how what disappointed you in the tribunal proceedings you posted above?