Orubebe
Former
Niger Delta Minister Godsday Orubebe has been convicted by Code of
Conduct Tribunal (CCT) for violating the Code of Conduct Bureau and
Tribunal Act (CCBTA).
The tribunal, in a judgment delivered by its Chairman, Justice Danladi Umar, found Orubebe guilty of falsely declaring his assets in 2007.
The tribunal said the prosecution successfully proved its case that the former minister deliberately refused to declare his ownership of of Plot 2057 Asokoro District, Abuja.
It faulted Orubebe’s defence that he had sold the plot of land to former landlord and Managing Director of Givention Properties Limited, Akinwumi Ajibola in 2011 at N10 million and deployed the proceed to paying his rent.
The tribunal said that after analysed all the testimonies given by Orubebe, it was difficult to understand why the property he claimed to have sold about six years ago still remained registered in his name at the Federal Capital Territory (FCT) Land Administration.
Umar said in his ruling: “To the tribunal, this is very absurd and not credible. The tribunal observed that under the Lands Instrument Registration Law, the DW1 (Ajibola) was under obligation to register/document his right over Plot 2057.
“The consequences of non-compliance with statutory requirement, where a statute clearly provides for a particular act to be performed, the failure to perform the act, on the part of the party, will not only be interpreted as a delinquent conduct, but will be interpreted as not complying with the statutory provision.
“In such a situation, even where the statute did not specifically provide for a sanction, the court can, by the invocation of its imperative jurisdiction, come to the conclusion that the failure to comply with the statutory provision is against the party in default.
“In the circumstances therefore, there is nothing to show that the accused had divested his right over Plot 2057 Asokoro to DW1 and his company, Divention Properties Ltd.
“The deed of assignment and the power of Attorney executed by the accused to DW1 on the 13th of June 2011 and no steps taken since then to register the title with the Land Administration Department in the name of DW1, renders the documents as worthless as a tissue of paper under the Land Instrument Registration Law.
“The tribunal is satisfied with the prosecution that, up till now, it is the name of the accused person that is in the FCT Land Registry as the owner of the property, not DW1/Divention Properties Ltd.
“The tribunal hereby adjudge the accused guilty as charged, and on that premise, hands down the following punishment: In accordance with Section 23 of the CCB/T Act, as incorporated under the Fifth Schedule to the 1999 Constitution (as amended), the property known as Plot 2057, which belong to the defendant, is hereby seized and forfeited to the Federal Government of Nigeria.”
Orubebe was initially arraigned on on November 9, 2015 on a four-count charge, in which he was accused of failing to declare the Asokoro land and accepting bribe.
After some delay, the prosecution, led by then Director of Public Prosecution of the Federation (DPPF), Muhammad Diri, amended the charge, reducing the counts to one, excluding the aspect that relates to bribery.
The single count read: “That you, Godsday Peter Orubebe, on or about June 29, 2011, while being a minister of the Federal Republic of Nigeria in charge of the Ministry of Niger Delta Affairs in Abuja within the jurisdiction of this honourable tribunal, did make a false declaration of assets to the Code of Conduct Bureau when you failed to declare Plot 2057, Asokoro District, Abuja on assumption of office on September 26, 2007 and on leaving office (at the end of your tenure) on June 29, 2011 and you hereby commit an offence contrary to section 15 of Code of Conduct Bureau and Tribunal Act Cap 15 Laws of the Federation of Nigeria, 2004 and punishable under section 23(2) of the same Act.”
Orubebe was re-arraigned on the amended charge (marked: CCT/ABJ/02/2015) on March 8, 20176.
The prosecution opened trial on April 7 by calling its sole witness, Samuel Madojemu, an official of the Code of Conduct Bureau (CCB) and closed its case on April 24.
Orubebe conducted his defence on June 2, by calling two witnesses including himself. The other defence witness was Ajibola, who described himself as a lawyer and Managing Director of Givention Properties Limited.
source: Thenation
The tribunal, in a judgment delivered by its Chairman, Justice Danladi Umar, found Orubebe guilty of falsely declaring his assets in 2007.
The tribunal said the prosecution successfully proved its case that the former minister deliberately refused to declare his ownership of of Plot 2057 Asokoro District, Abuja.
It faulted Orubebe’s defence that he had sold the plot of land to former landlord and Managing Director of Givention Properties Limited, Akinwumi Ajibola in 2011 at N10 million and deployed the proceed to paying his rent.
The tribunal said that after analysed all the testimonies given by Orubebe, it was difficult to understand why the property he claimed to have sold about six years ago still remained registered in his name at the Federal Capital Territory (FCT) Land Administration.
Umar said in his ruling: “To the tribunal, this is very absurd and not credible. The tribunal observed that under the Lands Instrument Registration Law, the DW1 (Ajibola) was under obligation to register/document his right over Plot 2057.
“The consequences of non-compliance with statutory requirement, where a statute clearly provides for a particular act to be performed, the failure to perform the act, on the part of the party, will not only be interpreted as a delinquent conduct, but will be interpreted as not complying with the statutory provision.
“In such a situation, even where the statute did not specifically provide for a sanction, the court can, by the invocation of its imperative jurisdiction, come to the conclusion that the failure to comply with the statutory provision is against the party in default.
“In the circumstances therefore, there is nothing to show that the accused had divested his right over Plot 2057 Asokoro to DW1 and his company, Divention Properties Ltd.
“The deed of assignment and the power of Attorney executed by the accused to DW1 on the 13th of June 2011 and no steps taken since then to register the title with the Land Administration Department in the name of DW1, renders the documents as worthless as a tissue of paper under the Land Instrument Registration Law.
“The tribunal is satisfied with the prosecution that, up till now, it is the name of the accused person that is in the FCT Land Registry as the owner of the property, not DW1/Divention Properties Ltd.
“The tribunal hereby adjudge the accused guilty as charged, and on that premise, hands down the following punishment: In accordance with Section 23 of the CCB/T Act, as incorporated under the Fifth Schedule to the 1999 Constitution (as amended), the property known as Plot 2057, which belong to the defendant, is hereby seized and forfeited to the Federal Government of Nigeria.”
Orubebe was initially arraigned on on November 9, 2015 on a four-count charge, in which he was accused of failing to declare the Asokoro land and accepting bribe.
After some delay, the prosecution, led by then Director of Public Prosecution of the Federation (DPPF), Muhammad Diri, amended the charge, reducing the counts to one, excluding the aspect that relates to bribery.
The single count read: “That you, Godsday Peter Orubebe, on or about June 29, 2011, while being a minister of the Federal Republic of Nigeria in charge of the Ministry of Niger Delta Affairs in Abuja within the jurisdiction of this honourable tribunal, did make a false declaration of assets to the Code of Conduct Bureau when you failed to declare Plot 2057, Asokoro District, Abuja on assumption of office on September 26, 2007 and on leaving office (at the end of your tenure) on June 29, 2011 and you hereby commit an offence contrary to section 15 of Code of Conduct Bureau and Tribunal Act Cap 15 Laws of the Federation of Nigeria, 2004 and punishable under section 23(2) of the same Act.”
Orubebe was re-arraigned on the amended charge (marked: CCT/ABJ/02/2015) on March 8, 20176.
The prosecution opened trial on April 7 by calling its sole witness, Samuel Madojemu, an official of the Code of Conduct Bureau (CCB) and closed its case on April 24.
Orubebe conducted his defence on June 2, by calling two witnesses including himself. The other defence witness was Ajibola, who described himself as a lawyer and Managing Director of Givention Properties Limited.
source: Thenation
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