A group, Registered Trustees of Mission for Peace and Development
Initiative has dragged the chairman of the Code of Conduct Tribunal
(CCT), Mr. Danladi Umar, before a federal high court in Abuja, asking it
to sack Umar over allegations of money laundering and bribery.
In the suit, the plaintiff also accused the tribunal chairman of money laundering, bribery and other vices.
The
group, through its lawyer, Chief Mike Ozekhome, SAN, also joined the
Code of Conduct Tribunal, EFCC and Attorney General of the Federation as
2nd to 4th defendants.
In its originating summons brought
pursuant to Orders 3 Rule 6 and 7 of the Federal High Court Civil
Procedure Rules (2009), the plaintiff is asking the court whether, upon a
careful and combined construction of Rules 1, 5 (1) & (11), Rules
3, F, L, of the Code of Conduct for Judicial Officers, Part 1, Paragraph
7 (B) Paragraph 9, 13, Part 11 & Paragraph 12 of the Fifth Schedule
to the Constitution of The Federal Republic of Nigeria, 1999, as
Altered, Sections 5, 10 (1), 13, 17 & 22 (3) of The Code of Conduct
Bureau and Tribunal Act, the 1st Defendant is a fit and proper person to
sit in judgment over Nigerians and preside over the affairs of the Code
of Conduct Tribunal and dispense justice to all manner of people who
appear before it, without fear or favour, malice or ill will, having
been investigated by the 3rd Defendant (EFCC) and adjudged to have run
foul of the provisions of the code of conduct for judicial officers and
other extant provisions.
The plaintiff also wants the court to
determine whether the 1st Defendant is a fit and proper person and is
estopped from sitting in judgment over Nigerians and presiding over the
affairs of the Code of Conduct Tribunal and dispense justice to all
manner of people who appear before it, without fear or favour, malice or
ill will, having run foul of the provisions of the Code of Conduct for
Judicial Officers, by secretly meeting with an accused person standing
trial before him ex parte, without the presence of the prosecution and
court officials.
In addition, the plaintiff wants the court to
answer whether by virtue of the combined provisions of Section 6 (b)
& (h) and Section 7 (1) (a) and (b) & (2) of the EFCC Act, Cap.,
E1, LFN, 2004, the EFCC is not under a statutory duty to prosecute the
1st Defendant having investigated him (1st Defendant), and found him
culpable of the offences of conspiracy, bribery, abuse of office and
money laundering, charges that drawn up by the EFCC (3rd Defendant
herein), but never activated nor filed till date for inexplicable
reasons.
The plaintiff is however praying the court for a
declaration that by the combined effect of the provisions of Rules 1, 5
(1) & (11), Rules 3, F, L, of the Code of Conduct for Judicial
Officers, Fifth Schedule Part 1, Paragraph 7 (B) Paragraph 9, 13, Part
11 & Paragraph 12 of the Constitution of The Federal Republic of
Nigeria, 1999, as altered, Sections 5, 10 (1), 13, 17 & 22 (3) of
the Code of Conduct Bureau and Tribunal Act, 1st Defendant is not fit
and proper person to sit in judgment and preside over the affairs of the
Code of Conduct Tribunal and dispense justice to all Nigerians who
appear before it, irrespective of gender, tribe, religion, or political
persuasion, without fear or favour, malice or ill will, having run foul
of the provisions of the Code of Conduct for Judicial Officers, and
other extant provisions.
The plaintiff wants a declaration that
in the light of falling foul of the above statutes, the 1st Defendant is
not a fit and proper person to further sit in judgment over others,
preside over the affairs of the Code of Conduct Tribunal and dispense
justice to Nigerians.
No date has been fixed for the case.
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