Tribunal Dismisses Charges Against Former Lagos State Governor, Bola Tinubu

THE Code of Conduct Tribunal (CCT) yesterday dismissed the allegation of illegal operation of foreign bank accounts by former governor of Lagos State, Bola Tinubu, while he was the governor.

The tribunal quashed the three-count charge preferred against him by the Federal Government relating to the alleged offence on the score that it was defective.

The government had arraigned Tinubu  at  the tribunal for allegedly operating 16 foreign bank accounts between 1999 and 2007 while he held sway as governor of Lagos State. But Tinubu through his counsel, Chief Wole Olanipekun (SAN), erected legal impediment vide a preliminary objection against the government's bid to bring him to justice on a charge he said was merely persecutory and incompetent.

Delivering the tribunal's verdict on Tinubu's preliminary objection, challenging the competence of the charge as well as the jurisdiction of the tribunal to try him in Abuja, Chairman of the tribunal, Danladi Yakubu Umar, agreed with Olanipekun that the charges were "indeed defective and incompetent."

Accordingly, the tribunal quashed the entire amended charges after holding that they did not establish a prima facie case against the accused person.

In reaching that decision, the tribunal faulted the amended charge to the effect that it was not brought properly before the tribunal.

It said: "The amended charge was not properly brought before us. It was supposed to be subjected to our analysis to determine whether or not a prima facie case has been established against the accused person.

"The leave which the tribunal gave for the preferring of charges against the accused person only relates to the original one-count charge which has since been withdrawn but not the present amended charge.

"It amounted to an ambush against the accused person and the court and where a court discovered that the process has been abused, the proper order to make is to dismiss the case. The charge here is an abuse and it is hereby dismissed."

The tribunal  continued: "No proof of evidence was attached to the amended charge or summary of affidavit evidence. How on earth will the tribunal determine whether a prima facie case has been established against the accused person?

"The amended charge did not adduce evidence that the accused has been operating the foreign accounts by proxies or trustees but that he personally operates the accounts. It is the law that the arguments of counsel no matter how brilliant cannot take the place of pleadings.

"In the circumstances, I hold that no prima facie case has been made against the accused person. The non-filling of affidavit evidence affects the entire three-count charge and it is hereby quashed and the accused person is discharged."

And in a quick reaction, the Action Congress of Nigeria leader described the verdict as a vindication of his claim that it was all persecution.
After the verdict, Tinubu, the  National Leader of the Action Congress of Nigeria (ACN), described the whole trial as a waste of public fund aimed at tarnishing his image.

Tinubu, who  thanked  lawyers, supporters and the tribunal for its courage, said: "How many years since I left office? How many years has it taken them to do investigations to verify all the details instead of tarnishing the image I built professionally over the years?