BY JIDE AJANI

With its shambolic approach to carrying out its functions, the Code of Conduct Bureau, CCB, is in danger – and a grave one at that – of allowing crooks to walk free.

In fact – and as publicly declared by the CCB Chairman, Mr. Sam Saba – some former state governors who had co-operated with the CCB, who have restituted, are being allowed to live their lives in peace.  Indeed they are.

EXPLOITING A WEAKNESS
Perhaps, it was this seeming attitude that emboldened former Lagos State governor, Bola Tinubu, to challenge the locus standi of the Code of Conduct Tribula, CCT, that his trial can not and should not be conducted in the Federal Capital Territory, FCT, Abuja.

Last week at the commencement of his trial, lawyers to Tinubu put up a spirited fight to stall as well as get their man off the hook.

Therefore, Tinubu, acting under legal advice, refused to enter the dock.

The ex-governor who was charged to court by the federal government on allegation that he violated section 7 of the Code of Conduct Bureau and Tribunal Act, Cap C15 LFN, 2004, as amended, by operating10 foreign accounts whilst he was in office between 1999 and 2007, insisted that “the CCT sitting in Abuja does not have the territorial jurisdiction”, to try him over the alleged offence.

Former Lagos State Governor, Asiwaju Bola Tinubu at the Code of Conduct Tribunal over his arraignment by the Code of Conduct Bureau on alleged fraud charges, in Abuja, Pix: Gbemiga Olamikan.

YOU CAN’T TRY ME IN ABUJA —TINUBU
Arguing through his lead counsel, Chief Wole Olanipekun, SAN, Tinubu told the Justice Danladi Yakubu Umar led 3-man panel that while he was a governor, “some forms for declaration of assets were brought to him from the Code of Conduct Bureau, at its office in Lagos. The said forms were filled, completed and deposed to at the High Court of Lagos Registry and same duly returned to the CCB in Lagos. ”

He maintained that he “did not have any personal dealing with the CCB in Abuja.”

Consequently, the ex-governor contended that since the Bureau has offices in all the states of the federation, he would neither mount the dock nor take plea in respect of the said 3_count charge, pending when the substantive suit against him is transferred to Lagos state for prosecution.

Besides, in a preliminary objection he raised against his trial, the ex-governor, through his team of lawyers comprising over 15 Senior Advocates of Nigeria, said he “is being accused and/or charged before a Tribunal which is not known to the constitution of the Federal Republic of Nigeria, 1999,  (as amended).

According to him, “the mandatory conditions precedent for the referral of complaints by the CCB to the CCT and the subsequent exercise of jurisdiction by the said Tribunal, have not been complied with.

“The amended charge is an abuse of court/judicial process, as an earlier charge with No: CCT/NC/ABJ/02/07, dated 5th March, 2007, containing similar particulars like this present one, is still pending. Relying on the provisions of sections 36(6) (a) (b), 36(12) and paragraph 15 of the Fifth schedule of the 1999 constitution, section 3 and paragraph 1 of the Third schedule of the Code of Conduct Bureau and Tribunal Act, Tinubu beseeched the tribunal for an order quashing and/or striking out the 3_count charge dated September 19 but filed against him the next day. He listed 10 grounds and attached four exhibits that should be considered by the panel in granting him the relief.

THIS IS THE PLACE TO TRY YOU – FG
But the prosecuting counsel, Dr Alex Iziyon, SAN, punched holes into all of these.  He tendered two exhibits in support of a counter-affidavit he filed in opposition to the suit insisting that the CCT has the requisite jurisdiction to prosecute the former governor over the charges pending before the court.

According to the FG, “the offices of the Code of Conduct Bureau established in the states of the federation are for administrative convenience and do not affect the tribunal’s jurisdiction. The accused person/applicant in this present charge is not protected by the provision of section 308 of the constitution of the Federal Republic of Nigeria 1999 as he is not occupying the office of Governor presently.

The accused/applicant knows the case against him and knows how to prepare his defence as he has been aware of same since 2007 when the earlier charge was filed.  He knows as a fact that this honourable tribunal is one of summary jurisdiction. The CCB invited the accused/ applicant severally regarding the complaint leading to this charge but the accused refused to appear and was evasive. The counts disclosed in the charge clearly disclose a prima facie case against the applicant, this application is frivolous and should be dismissed”, it added.

After listening to their submissions, Justice Umar, before adjourning ruling on the issue till November 30, said the panel would consider the application on its merit.
He promised to deliver justice.

A WEAKNESS IN STRATEGY
Well, Sunday Vanguard’s investigations into the activities of the CCB continue to reveal that the CCB may have engaged a mode that may pour cold water on its efforts.

In an interview last week with eminent Justice of the Supreme Court, Kayode Eso, (rtd) Sunday Vanguard was told that the concept of PLEA BARGAIN is not only illegal but it also encourages stealing.  The 86 year old jurist has also made it clear that the concept of PLEA BARGAIN is both anathema to an anti_corruption war and it equally sends a corrupt signal about the government’s war on corruption.

“This is an encouragement for other governors to steal when they come.  There is no plea bargaining in our law. The importation is wrong”, he said. The Justice used the “issue of (a former state governor in the South South zone) who was alleged to have stolen billions and billions of naira. They said they had this system of plea bargaining. They asked him to plead to some most minor terms there and then he was fined three million naira which, he picked out of his purse and paid there. It sent a notion that it had been pre-arranged that it would not be more than three million. Plea bargaining is actually not our law. We never had plea bargaining. It is corruption for anybody who imports plea bargaining into our law”.

And whereas the Economic and Financial Crimes Commission, EFCC, has come out to explain that the courts have the final say on the issue of PLEA BARGAIN, Mr. Sam Saba, chairman of the CCB told Nigerians that some governors were allowed to go free because they cooperated with the CCB.

His position, not shared by some of the commissioners in the CCB, is raising fresh posers regarding the deal the CCB reportedly entered into with some former governors who breached the law.

The governors have since been let off the hook, according to the CCB Chairman.

Sunday Vanguard’s earlier publication of an investigation regarding the chasm between some commissioners in the CCB and their chairman, Mr. Saba, and more particularly regarding the Bola Tinubu trial, drew the chairman to explain that the former governor of Lagos State was not singled out for trial.

During Mr. Saba’s press briefing on Tuesday, September 27, 2011, he explained that the CCB decided to drop the cases meted against some ex-governors after they admitted guilt and made restitution to the Federal Government, specifically naming the former governor of Jigawa State, Saminu Turaki, among those that benefited from the said process.
Though he declined to reveal the identity of other indicted ex-governors who embraced the ‘plea-bargain’ option, the Bureau chairman however, divulged that 15 former governors would soon be charged to court for allegedly lying in the assets declaration forms they filled and filed while in office, adding that some of their assets are currently undergoing intense verification.

“I want to assure you that verification of the assets of some of the ex_governors is still ongoing including that of even those who are still in power”.

However, in the Part One of the Third Schedule to the 1999 Constitution as amended, the illegality of PLEA BARGAIN is brought further home as maintained by Justice Eso.
Section 3, d and e state as follows, that the CCB shall:
“(d) ensure compliance with and, where appropriate, enforce the provisions of the Code of Conduct of any law relating thereto;

“e) receive complaints about non-compliance with or breach of the provisions of the Code of Conduct or any law in relation thereto, investigate the complaint and, where appropriate, refer such matters to the Code of Conduct Tribunal”.

All through the 1999 Constitution, there was no where the issue of discretionary power of the CCB was mentioned, therefore, rendering Justice Eso’s contention correct.

In fact, Sunday Vanguard has learnt that all the federal commissioners of the Bureau are already out in the respective states that were allocated to them for the verification of assets of public office holders and senior government employees.

However, the aspect of inviting state governors to Abuja for asset verification may not have gone down well with some state governors.  Already, governors from the South West geo-political zone have not honoured CCB’s invitation. They may not.  Some state governors are already calling the bluff of the CCB by refusing to honour invitations.

Sunday Vanguard was made to understand that the visit to Abuja may not be wholesome because of the nature of asset verification expected of the bureau.

The 3-count charge filed against Tinubu

Count 1
That you Bola Ahmed Tinubu, former Governor of Lagos State being a public officer as listed in part II of the fifth schedule to the 1999 Constitution of the Federal Republic of Nigeria and having subscribed to the Oath of office as contained in the fifth schedule to the 1999 Constitution on assumption of office between 1999 – 2000 and while in office as such engaged yourself in the operation of several foreign bank accounts namely.
I. Name of Bank – First Heritage Bank Country Club Hills, Illinois, USA
Account Name – Bola Tinubu Account Number 263226700
II. Name of Bank – Citibank NA New York, USA.
Account Name – Bola Tinubu & Compass Finance and Investment Company Ltd. Account Number 39483134, 39483396, 4650279566, 00400220, 39936404, 39936383.
III. Name of Bank – Citibank International New York Account Name Bola Tinubu Account Number 52050-89451952 and 52050-89451953
IV. Name of Bank – HSBC 177 Great Portland Street, London WIW6QJ. Account Name Sen. Bola Tinubu Account Number 71253670 Sort Code 40-03-15
V.  Name of Bank – Citibank International New York Account Name Bola Tinubu Account Number 52050-89451952 and 52050-89451953.
IV. Name of Bank – HSBC 177 Great Portland Street, London WIW6QJ. Account Name Sen. Bola Tinubu Account Number 71253670 Sort Code 40-03-15
V. Name of Bank – HSBC 177 Great Portland Street, London WIW6QJ. Account Name Sen. Bola Tinubu Account Number 71253670 Sort Code 40-03-15
VI.  Name of Bank – HSBC 177 Great Portland Street, London WIW6QJ.  Account Name Sen. Bola Tinubu – Money Market Account Number 04320002DN
VII. Name of Bank – HSBC 177 Great Portland Street, London WIW6QJ.  Account Name Tinubu Habibat Oyindamola (Miss) Account Number 1320960111
VIII. Name of Bank – HSBC 177 Great Portland Street, London WIW6QJ.  Account Name Tinubu Zainab Abisola (Miss) Account Number 172447101
XI. Name of Bank – HSBC 177 Great Portland Street, London WIW6QJ.  Account Name Tinubu Oluremi Shade Account Number 1916667988
X. Name of Bank – HSBC 177 Great Portland Street, London WIW6QJ. Account Name Oluremi Shade Tinubu Account Number 41421522
Contrary to section 7 of the Code of Conduct Bureau and Tribunal Act, Cap C15 LFN, 2004 as amended and punishable under section 23(2) thereof as incorporated under paragraph 18, part 1, fifth Schedule to the 1999 Constitution of the Federal Republic of Nigeria (as amended).

Count 2
That you Bola Ahmed Tinubu, former Governor of Lagos State being a public officer as listed in the part II of fifth Schedule to the 1999 Constitution of the Federal Republic of Nigeria and having subscribed to the Oath of Office as contained in the fifth schedule to the 1999 Constitution on assumption of office between 1999 – 2000 and while in office as such engaged yourself and did maintain several foreign bank accounts namely:
I. Name of Bank First Heritage Bank Country Club Hills, Illinois, USA. Account Name Bola Tinubu Account Number: 263226700
ii.  Name of Bank – Citibank NA New York, USA. Account Name Bola Tinubu & Compass Finance and investment Company Ltd. Account Number – 39483134, 39483396, 4650279566, 00400220, 39936404 and 39936383
iii.  Name of Bank – Citibank International New York Account Name – Bola Tinubu, Account Number – 52050-89451952 and 52050-89451953
iv. Name of Bank – Citibank International New York Account Name Bola Tinubu Account Number 52050-89451952 and 52050-89451953
v. Name of Bank – HSBC 177 Great Portland Street, London WIW6QJ. Account Name Sen. Bola Tinubu Account Number 71253670 Sort Code 40-03-15
vi.  Name of Bank – HSBC 177 Great Portland Street, London WIW6QJ. Account Name Sen. Bola Oluremi Tinubu Account Number 71253670 Sort Code 40-03-15
vii.  Name of Bank – HSBC 177 Great Portland Street, London WIW6QJ. Account Name Sen. Bola Tinubu – Money Market Account Number 04320002D
viii.   Name of Bank – HSBC 177 Great Portland Street, London WIW6QJ. Account Name Tinubu Habibat Oyindamola (Miss) Account Number 1320960111.
ix.  Name of Bank – HSBC 177 Great Portland Street, London WIW6QJ. Account Name Tinubu Zainab Abisola (Miss) Account Number 172447101.
x.  Name of Bank – HSBC 177 Great Portland Street, London WIW6QJ. Account Name Tinubu Oluremi Shade Account Number 1916667988
xi.  Name of Bank – HSBC 177 Great Portland Street , London WIW6QJ. Account Name – Oluremi Shade Tinubu Account Number – 41421522
Contrary to section 7 of the Code of Conduct Bureau and Tribunal Act, Cap C15 LFN, 2004 as amended and punishable under section 23(2) thereof as incorporated under paragraph 18, part 1, fifth Schedule to the 1999 Constitution of the Federal Republic of Nigeria (as amended).

Count 3
That you Bola Ahmed Tinubu, former Governor of Lagos State being a public officer as listed in the part II of fifth Schedule to the 1999 Constitution of the Federal Republic of Nigeria and having subscribed to the Oath of Office as contained in the fifth schedule to the 1999 Constitution on assumption of office between 1999 – 2007 and while in office as such engaged yourself and did maintain several foreign bank accounts contrary to section 15(2) of the code of conduct Bureau and Tribunal; Act, Cap C15 LFN, 2004 as amended and punishable under paragraph 18, fifth Schedule to the 1999 Constitution of the Federal Republic of Nigeria ( as amended).me
Country Club Hills, Illinois, USA
Account Name – Bola Tinubu Account Number 263226700
II. Name of Bank – Citibank NA New York, USA.
Account Name – Bola Tinubu & Compass Finance and Investment Company Ltd. Account Number 39483134, 39483396, 4650279566, 00400220, 39936404, 39936383.
III. Name of Bank – Citibank International New York Account Name Bola Tinubu Account Number 52050-89451952 and 52050-89451953
IV. Name of Bank – HSBC 177 Great Portland Street, London WIW6QJ. Account Name Sen. Bola Tinubu Account Number 71253670 Sort Code 40-03-15
V.  Name of Bank – Citibank International New York Account Name Bola Tinubu Account Number 52050-89451952 and 52050-89451953.
IV. Name of Bank – HSBC 177 Great Portland Street, London WIW6QJ. Account Name Sen. Bola Tinubu Account Number 71253670 Sort Code 40-03-15
V. Name of Bank – HSBC 177 Great Portland Street, London WIW6QJ. Account Name Sen. Bola Tinubu Account Number 71253670 Sort Code 40-03-15
VI.  Name of Bank – HSBC 177 Great Portland Street, London WIW6QJ.  Account Name Sen. Bola Tinubu – Money Market Account Number 04320002DN
VII. Name of Bank – HSBC 177 Great Portland Street, London WIW6QJ.  Account Name Tinubu Habibat Oyindamola (Miss) Account Number 1320960111
VIII. Name of Bank – HSBC 177 Great Portland Street, London WIW6QJ.  Account Name Tinubu Zainab Abisola (Miss) Account Number 172447101
XI. Name of Bank – HSBC 177 Great Portland Street, London WIW6QJ.  Account Name Tinubu Oluremi Shade Account Number 1916667988
X. Name of Bank – HSBC 177 Great Portland Street, London WIW6QJ. Account Name Oluremi Shade Tinubu Account Number 41421522
Contrary to section 7 of the Code of Conduct Bureau and Tribunal Act, Cap C15 LFN, 2004 as amended and punishable under section 23(2) thereof as incorporated under paragraph 18, part 1, fifth Schedule to the 1999 Constitution of the Federal Republic of Nigeria (as amended).