The Chairman of the Code of Conduct Tribunal, Justice Danladi Umar, has been sued for alleged bribery and money laundering by a group, Registered Trustees of Mission for Peace and Development Initiative.
In a suit filed at the Federal High Court sitting in Abuja, the group through its Counsel, Mike Ozekhome, SAN, is asking that the court to determine whether the Judge is fit to preside over the affairs of the Code of Conduct Tribunal.
Justice Umar is presiding over the case involving the Senate President, Bukola Saraki, bordering on allegation of false declaration of assets when he was Kwara State Governor from 2003 to 2011.
The Code of Conduct Tribunal, EFCC and Attorney General of the Federation are joined in the suit as 2nd, 3rd and 4th defendants respectively.
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 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, the 1st Defendant is a fit and proper person and is estopped from sitting or further 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 secret meeting with an accused person standing trial before him exparte, 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 Economic and Financial Crimes Commission Act, Cap., E1, LFN, 2004, the Economic and Financial Crimes Commission sued as the 3rd Defendant 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, a charge that was 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 a 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.
It also wants a declaration that by the combined effect of the construction 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, the 1st Defendant IS NOT A fit and proper person and is estopped from sitting or further sitting in judgment and presiding over the affairs of the Code of Conduct Tribunal and dispense justice to all Nigerians who appear before it, irrespective of gender, tribe, religion, political persuasion, without fear or favour, malice or ill will, who appear before it, having run foul of the provisions of the Code of Conduct for Judicial Officers, by secret meeting with an accused person standing trial before him exparte, without the presence of the Prosecution, or Court Officials.
Meanwhile, the case is yet to get hearing date.
