The trial of the former Governor of Lagos State, Asiwaju Bola Ahmed Tinubu by the Code of Conduct Tribunal has been adjourned till November 30.
The former governor at the tribunal filed an application seeking to quash the charges against him with the Code of Conduct Tribunal in Abuja.
The Chairman of the tribunal Justice Danladi Haruna fixed November 30 for hearing of the matter after heated arguments from lawyers to the ex-governor.
The attempt to dock the former governor was opposed by his lawyers who argued that since the accused has raised objection to the charges against him, it will be unconstitutional to put him in the dock until the tribunal rules on the preliminary objection.
Tinubu also filled another application raising an objection against the charges and challenging the jurisdiction of the tribunal.
The defence lawyers led by Chief Wole Olanipekun argued that the alleged offence was not committed in the Federal Capital Territory where the former governor was charged and that the prosecutor has abused the court processes since the earlier charges against the accused person in 2007 is still before the court, noting that the prosecutor was wrong to have filed similar charges before the court.
Responding, the prosecutor, Dr Alex Izion argued that the Constitution empowers the Attorney –General to withdraw charges against an accused before judgment is given, and as such, the argument of the defence has no basis in law.
On the issue of jurisdiction, Dr Izion told the tribunal that the court’s federal status allows it to try any matter in any part of the country.
Speaking on the argument that Tinubu has no case to answer, Izion noted that it was too early to ask the prosecutor to prove its case because it can only happen in course of the trial.
The attempt to dock the former governor was opposed by his lawyers who argued that since the accused has raised objection to the charges against him, it will be unconstitutional to put him in the dock until the tribunal rules on the preliminary objection.
Tinubu also filled another application raising an objection against the charges and challenging the jurisdiction of the tribunal.
The defence lawyers led by Chief Wole Olanipekun argued that the alleged offence was not committed in the Federal Capital Territory where the former governor was charged and that the prosecutor has abused the court processes since the earlier charges against the accused person in 2007 is still before the court, noting that the prosecutor was wrong to have filed similar charges before the court.
Responding, the prosecutor, Dr Alex Izion argued that the Constitution empowers the Attorney –General to withdraw charges against an accused before judgment is given, and as such, the argument of the defence has no basis in law.
On the issue of jurisdiction, Dr Izion told the tribunal that the court’s federal status allows it to try any matter in any part of the country.
Speaking on the argument that Tinubu has no case to answer, Izion noted that it was too early to ask the prosecutor to prove its case because it can only happen in course of the trial.
While adjourning to November 30 for ruling in the preliminary objections, Justice Haruna assured both parties that they will get a fair trial.
Tinubu was previously docked at the tribunal on September 21 on the allegation that he operated 10 foreign accounts whilst in office between 1999 and 2007.
He is specifically accused of violating section 7 of the Code of Conduct Bureau and Tribunal Act, Cap C15 LFN, 2004 as amended, by operating the said accounts, an offence punishable under section 23(2) as incorporated under paragraph 18,part 1, fifth Schedule to the 1999 Constitution of the Federal Republic of Nigeria.
Tinubu had on the last adjourned date asked a three-man panel of justices of the tribunal presiding over the matter, to grant him to peruse the charge which he said was served on his legal team right inside the court room.
His request came on the day the federal Government withdrew a one-count charge against him dated March 22, which it ab-initio, lodged before the tribunal and replaced it with a fresh three count charge filed on September 20.
Tinubu was previously docked at the tribunal on September 21 on the allegation that he operated 10 foreign accounts whilst in office between 1999 and 2007.
He is specifically accused of violating section 7 of the Code of Conduct Bureau and Tribunal Act, Cap C15 LFN, 2004 as amended, by operating the said accounts, an offence punishable under section 23(2) as incorporated under paragraph 18,part 1, fifth Schedule to the 1999 Constitution of the Federal Republic of Nigeria.
Tinubu had on the last adjourned date asked a three-man panel of justices of the tribunal presiding over the matter, to grant him to peruse the charge which he said was served on his legal team right inside the court room.
His request came on the day the federal Government withdrew a one-count charge against him dated March 22, which it ab-initio, lodged before the tribunal and replaced it with a fresh three count charge filed on September 20.
