ASSET DECLARATION: Presidential panel drags senators Nwaoboshi, Akpan to CCT

The Federal Government has filed three-count charges against Senator Peter Nwaoboshi, even as he is still being investigated for suspicious assets far and beyond his legitimate earnings.

The office of the Director of the Public Prosecution of the Federation (DPPF) filed the charges at the Code of Conduct Tribunal (CCB) on Monday but a copy of it was obtained by newsmen on Thursday.

Also, 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 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 development came after the Special Presidential Investigation Panel (SPIP) for the recovery of public property referred Nwaoboshi’s case to the DPPF.

The charge against Nwaoboshi was signed by Labaran Magaji, a principal state counsel at the ministry of justice.

According to him, Nwaoboshi’s alleged offence “is contrary to section 15(1) and (2) of the CCB and tribunal act and punishable under section 23(2) of the same act.”

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.

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.

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“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 Akpan was arraigned before the Federal High Court by the Panel for alleged 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 Senator Akpan to face the charges against him.

However, Senator Akpan through his Counsel, Solomon Unoh (SAN) has filed a Notice of Appeal on the 13 June 2019 against the ruling.

 

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