Ribadu must face trial, tribunal insists
From GODWIN TSA Abuja
Wednesday, June 24, 2009

•Mallam Nuhu Ribadu
Photo: The Sun Publishing
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For embattled former Chairman of the Economic and Financial Crimes Commission (EFCC), Mallam Nuhu Ribadu, there is no respite in sight as the Code of Conduct Tribunal (CCT) on Tuesday, insisted that he must face trial on alleged failure to declare his asset while in office.

Besides, Chairman of the Tribunal, Justice Constance Momoh said the tribunal might be forced to issue a bench warrant on Ribadu, if he failed to appear to answer charges against him at the next sitting.
The tribunal took the decision after she dismissed the objection raised through Ribadu’s counsel, Femi Falana that his client was not properly served.

It also rebuffed attempt by the prosecution counsel, Ahmed Kyari to push for a bench warrant for the arrest of Ribadu.
Falana at the previous sitting had told the three-man panel that Ribadu was not properly served the originating process, so he could not be forced to appear.
According to him, Section 52 of the Criminal Procedure Code Act, CAP 491, Laws of the Federation, Abuja, 1990 provides that an originating process may be served on a male adult in a household if the accused is not available.

Since the process was served on Ribadu’s wife, Falana argued that it was defective therefore Ribadu was not properly served before the tribunal.

He contended that the tribunal lacked the power to modify the word ‘male’ for ‘female’ in the Act.
But delivering ruling yesterday, Justice Momoh dismissed the submission. She said Section 14 of Interpretation Act, Laws of Federation of Nigeria made provisions that where a male is mentioned in an act or law, it could be substituted with the word ‘female.’

Besides, she held that since Falana had announced his appearance for Ribadu in the matter, it is deemed that he has waived his right to claim.

She referred to NUB Ltd Vs Samba Pet Company Ltd, 2006, 12 Nigeria Weekly Law Report, page 105.
“A person who takes part in proceedings, filing applications, moving and defending them, and defending applications filed by the adverse party in the eyes of the law does so as if all is well. He would not be allowed after taking part in the proceedings to turn around and complain about things left undone that should have been done. He would deemed to have abandoned his legal right to object by his conduct. He is stopped from objecting. The abandonment of his legal right to object to the irregularity amounts to a waiver”.
“It is the conclusion of the tribunal that the Preliminary Objection lacks merit and the tribunal has ruled that it has jurisdiction to hear and proceed with the case”, the tribunal held.

Ribadu was accused of alleged failure to declare his asset as required of a public servant while in office.
Justice Momoh led-tribunal had on April 30 ordered him to appear on Wednesday to take his plea.
The prosecution argued that an accused is allowed to be served through a substituted means under Criminal Procedure Code Act, CAP 491, Laws of the Federation, Abuja, 1990.

At the last sitting, Falana had recalled informing the CCT when the matter started on January 28 that his appearance for Ribadu was out of sheer respect for the tribunal because he (Ribadu) was not in country when the process was served on his wife.

http://sunnewsonline.com/webpages/news/national/2009/june/24/national-24-06-2009-18.htm

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