The Code of Conduct Tribunal trying Nuhu Ribadu, former chairman of Economic and Financial Crimes Commission (EFCC), for asset declaration-related offences, has once again postponed hearing on the official withdrawal of charges against Mr. Ribadu.

The tribunal had, in its resumed sitting in Abuja last Thursday, postponed to April 15, 2010, the sitting to deliver its verdict on the federal government’s intention to terminate the asset declaration case initiated against Mr. Ribadu.

Federal government’s intention to withdraw the four-count criminal charge against Mr. Ribadu was revealed by the special assistant to the Attorney-General of the Federation on Litigation, J.O. Olatoke, on March 31.

He had argued that the 1999 Constitution gives the attorney general ‘Nolle Prosequi’ - the power to discontinue such criminal prosecution - at any stage of the case. He also told the court that it was within the prerogative of the attorney general to decide the cases he wants to prosecute or terminate.

Yesterday, neither the tribunal judges nor Mr. Ribadu’s lawyers were present at the court. Court officials sighted in the premises could not say why the court did not sit. The siting is part of the conclusion of the processes of documentation needed to get the suit properly terminated.

Minister’s involvement

However, the inability of the court to sit might be connected to the recent shake ups in the justice ministry. Last week, a court official who sought anonymity, said the turn of events last week Thursday may be connected with the recent redeployment of ministers at the Justice Ministry.

Adetokunbo Kayode, the former attorney general of the federation, who suggested that the case be withdrawn, was redeployed to the Ministry of Defence in the recent reformation of the Executive Council of the Federation.

Mr. Kayode reviewed the case against Mr. Ribadu shortly after he replaced Micheal Aondoakaa, and directed that it should be withdrawn immediately.

Mohammed Bello Adoke, another Senior Advocate of Nigeria, replaced him as the new attorney general.

Ribadu’s return

When asked for his reaction, counsel to Mr. Ribadu, Femi Falana insisted he had no problem with the postponement, “I have no problem with the adjournment.” He however said the court did not give him any reason for the adjournment.

The federal government had late last month indicated its willingness to drop the charges against Mr. Ribadu, as exclusively reported by NEXT, and he has agreed to accept the position of Special Adviser on anti-corruption and good governance to Acting President, Goodluck Jonathan. His new designation will be to supervise the nation’s anti-corruption agencies, which include his former agency, the EFCC; the Code of Conduct Tribunal; and the Independent Corrupt Practices Commission (ICPC).

Mr. Ribadu is at present concluding his fellowship at the Centre for Global Development in Washington, USA. During his last visit to America, Acting Goodluck Jonathan had reportedly paid homage to Mr. Ribadu when he sighted him in a crowd.

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