The Supreme Court has dismissed the appeal filed by the federal government against the reversal of the conviction of former Niger-Delta minister, Godsday Orubebe on allegation of breach of the Code of Conduct for Public Officers.
In a judgment on Friday, February 16, a five-member panel of the apex court held that the appeal by the federal government was incompetent.
In the lead judgment prepared by Justice Mohammed Lawal Garba, but read on Friday by Justice Emmanuel Agim, the court found that the appellant failed to obtain prior leave (permission) of the court before filing the appeal, which was based on grounds of mixed law and facts.
The court held that the appellant’s failure to obtain prior leave of court as required, rendered the appeal incompetent. It proceeded to dismiss the appeal.
The federal government’s appeal, marked: SC/680/2017 was against the June 14, 2017 judgment of the Court of Appeal, Abuja which set aside Orubebe’s conviction on October 4, 2016, by the Code of Conduct Tribunal (CCT) for breach of Code of Conduct for public officers.
The federal government had arraigned Orubebe before the CCT on a one-count charge of false asset declaration.
He was accused of failing to declare a property at Plot 2057, Asokoro District, Abuja, in any of the asset declaration forms that he submitted to the Code of Conduct Bureau (CCB) while serving as a minister.
In his defence, Orubebe claimed that the property was no longer his as at the time he went into public service.
Orubebe stated that he had sold the property and saw no need to declare what was no longer his when he became a minister.
In a judgment on 4 October 2016 the CCT convicted Orubeber, holding that he contravened the Code of Conduct for Public Officers.
The tribunal, led by Mr. Danladi Umar, found him guilty of failing to declare the said property.
The CCT ordered that the said property be forfeited to the Federal Government, a decision Orubebe challenged at the Court of Appeal.
Orubebe appealed the decision at the Court of Appeal in Abuja.
In its judgment on June 14, 2017, a three-member panel of the Court of Appeal held among others, that the CCT erred in its decision to conviction of Orubebe.
In the lead judgment, Justice Abdul Aboki noted that the case before the tribunal was not about the declaration of title, but a false declaration of assets.
Justice Aboki added that the unregistered instrument of transfer of the property was admissible in proof of the payment of the purchase price by Divention Properties Ltd which acquired the property.
The judge further said the appellant (Orubebe) was not expected, in the eye of the law, to declare a property he had parted with.
Justice Aboki noted that the issue of non-registration of title, in respect of the said undeclared property, was not raised and argued by parties, but raised suo motu (on its own) by the tribunal.
THE NATION
