.....set for prosecution
The lawmaker representing Delta-North Senator Peter
Nwaoboshi, has been dragged to the Code of Conduct Tribunal by the Federal
Government on a three counts of false declaration of assets. The charges were
filed by the Office of the Department of Public Prosecutions, Federal Ministry
of Justice.
The senator was recently referred to the DPPF's office
for prosecution by the Special Presidential Investigation Panel for the
Recovery of Public Property led by Okoi Obono-Obla. A copy of the charges was
obtained on Thursday.
It shows that Nwaoboshi is to be tried for allegedly
making false assets declaration in his Form CCB1 submitted to the Code of
Conduct Bureau by failing to declare three bank accounts he was said to have
been maintaining with Sterling Bank (Nigeria) Ltd since 2015.
This is just as a Federal High Court, Abuja in a suit
FHC/ABJ/CR/88/2018 between the Federal Republic of Nigeria versus Senator
Albert Bassey Akpan presided over by Honourable Justice J.T Tsoho, ruled that
the Special Presidential Investigation Panel For Recovery of Public Property is
competent to initiate criminal prosecution against Senator Albert Akpan Bassey
or anybody it has investigated.
The Court further held that the Prosecutor of the Panel,
Dr Celsus Ukpong is competent to sign or initiate criminal prosecution and
doesn't require the consent of the Honourable Attorney General of the
Federation and Minister of Justice to do so.
The Principal State Counsel at the Federal Ministry of
Justice, Mr Labaran Magaji, who signed the charges, alleged Nwaoboshi's action
was contrary to section 15(1) and (2) of the Code of Conduct Bureau and
Tribunal Act and punishable under section 23(2) of the same Act.
The charges read, "That you, Senator Peter
Nwaoboshi, adult, male, Nigerian citizen and a serving Senator representing
Delta North constituency within the jurisdiction of this Tribunal did make
false declaration in your asset declaration Form CCB 1 No: SEN001098 in that
you refused to declare Account No: 0008600331 maintained by you with Sterling
Bank (Nigeria) Ltd which is in operation since about 2015 and thereby committed
an offence contrary to Section 15 (1) and (2) of the Code of Conduct Bureau and
Tribunal Act Cap 015 LFN 2004 and punishable under Section 23 (2) of Code of Conduct
Bureau and Tribunal Act Cap 015 LFN 2004.
"That you, Senator Peter Nwaoboshi, adult, male,
Nigerian Citizen and a serving Senator representing Delta North Constituency
within the jurisdiction of this Tribunal did make false declaration in your asset
declaration Form CCB 1 No: SEN001098 in that you refused to declare Account No:
0006493689 maintained by you with sterling Bank (Nigeria) Ltd which is in
operation since about 2015 and thereby committed an offence contrary to Section
15 (1) and (2) of the Code of Conduct Bureau and Tribunal Act Cap 015 LFN 2004
and punishable under Section 23 (2) (c) of Code of Conduct Bureau and Tribunal
Act Cap 015 LFN 2004
"That you, Senator Peter Nwaoboshi, adult, male,
Nigerian citizen and a ooserving Senator representing Delta North constituency
within the jurisdiction of this Tribunal did make false declaration in your
asset declaration Form CCB 1 No: SEN001098 in that you refused to declare
Account No: 000997287 maintained by you with Sterling Bank (Nigeria) Ltd which
is in operation since about 2015 and thereby committed an offence contrary to
Section 15 (1) and (2) of the Code of Conduct Bureau and Tribunal Act Cap 015
LFN 2004 and punishable under Section 23 (2) (c) of Code of Conduct Bureau and
Tribunal Act Cap 015 LFN 2004."
Accompanying the charges filed against the Delta-North
senator was a document titled, 'an application to commence trial'.
The summary of the prosecution's case also attached to
the charges, read, "It is the prosecution's case that the defendant, a
serving senator was investigated and found to have falsely declared his assets
in his assets declaration Form CCB1 No. SEN001098.
"The prosecution, in this case, shall rely on the
exhibits and testimonies of witnesses to prove its case beyond reasonable
doubt."
Ruling on the case that involved Senator Bassey, the
Court also said that the Panel doesn't require to have the consent of the
President of the Federal Republic of Nigeria before it can initiate criminal
prosecution against anybody.
Senator Albert Bassey Akpan was arraigned before the
Federal High Court by the Panel for refusal to declare his assets contrary to
Section 3 (a) of the Recovery of Public Property (Special Provisions) Act,
2004. However, he objected to the competence of the Panel to file charges
against him.
With the ruling, the coast has been cleared for the
Senator Akpan to face the charges against him.
However, Senator Akpan though his Counsel, Solomon Unoh
(SAN) has filed a Notice of Appeal on the 13 June 2019 against the ruling.
Reacting to the development, the Chairman of the Panel,
Chief Okoi Obono-Obla, said that the ruling is great and that it has an impetus
to the fight against corruption and strengthened the hand of the panel.
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