The arraignment of a former Lagos State governor Bola Tinubu by the federal government before the Code of Conduct Tribunal (CCT) for alleged operation of foreign accounts while in office was stalled yesterday, sequel to the objection raised by Tinubu’s lawyers against defective service of court process on him and the jurisdiction of the tribunal to hear the matter.
Lawyer to the federal government Dr Alex Izinyon had told the tribunal that he was withdrawing the charge filed before the CCT on March 23, 2011, and replacing it with amended charge filed and served on the defence team yesterday. Izinyon also attributed the late service to the short time within which he was briefed to handle the matter.
But Chief Wole Olanipekun who led other lawyers – Oluwarotim Akeredolu, Charles Dozawu, Niyi? Akintola, Dele Belgore, Yemi Osinbajo, Kabiru Tukur, Ifedayo Adedipe, Dele Adesina, Femi Falana and 24 others –? allowed the replacement of previous charge with the amended, but objected to? the jurisdiction of the CCT to try Tinubu as the former governor of a state.
Tinubu’s lawyers also said that since they were served with the new charge in the court yesterday, they needed time to file their response.
Olanipekun argued that the way and manner the court process was served could not even have taken place in the bomb blast-infested Libyan country where no one appears to be in control. He therefore urged the tribunal to discountenance the Iziyon call for his client to take his plea.
But Izinyon insisted that since the matter was already before the tribunal and it was criminal in nature, Tinubu must enter the dock and take his plea.
Justice Danladi Umar, who led justices Robert Odu and Isaac Ataedze however said that the issue of jurisdiction was fundamental and took precedence over arraignment.
Justice Umar said: “We cannot proceed if we do not have jurisdiction. We have to give the defendant time to read the new charge and then come to take his application for?? objection, and if the objection is not sustained, then, we can proceed on the defendant’s trial.’’
Consequently, Justice Umar adjourned the matter till October 26, and directed Tinubu to file his response within 14 days from yesterday just as he asked the federal government to take five days to reply on point of law.
Meanwhile, two state governors Rauf Aregbesola (Osun) and Senator Abiola Ajimobi (Oyo) yesterday stormed the CCT in solidarity with Tinubu. The governors, who came in the middle of court proceedings, were given rousing welcome by Action Congress of Nigeria (ACN) supporters inside the court premises.
In addition to the two ACN governors were a large number of the opposition party’s lawmakers both at the state and national levels.
Despite the combat-readiness displayed by policemen and operatives of the State Security Service (SSS), large numbers of the ACN faithful, including women associations, turned up.? ?
Security in and around the court premises was tight, just as heavily armed policemen mounted? a roadblock on the road leading to the tribunal in Jabi in the Federal Capital Territory. At the court, journalists and other interested parties who came to cover the proceedings of the court were frisked heavily before they were allowed in.
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