CaseLaw
Audu V. FRN (2013) CLR 1(a) (SC)
Judgement delivered on January 25th 2013
Brief
Facts
This interlocutory appeal is against the decision of the Court of Appeal Abuja Division given on 11th December, 2008 in that Court upheld the decision of the Code of Conduct Tribunal in its Ruling of 29th June, 2007 sitting at Abuja dismissing the Appellant/Applicant’s application by way preliminary objection that the Tribunal lacked jurisdiction to try him not being a serving public officer. The Appellant is now on a further and final appeal to this Court still contending that the Court of Appeal was in error in affirming the jurisdiction of the trial Code of Conduct Tribunal to try him for the offences he was arraigned before the Tribunal.
The undisputed facts giving rise to the appeal indicate that the Appellant was the elected Governor of Kogi State of Nigeria where he served between 29th May, 1999 to 29th May, 2003. As the then public officer, the Appellant was required by the Constitution of the Federal Republic of Nigeria, 1999 and the Code of Conduct Act to declare his assets before assumption of office and at the expiry of his term of office as the Governor of Kogi State. The Appellant after leaving office was arraigned before the code of conduct tribunal on six count charge among others, for making false declaration of assets on leaving office in 2003. After pleading not guilty to the six count charge on 30th March, 2007, the Appellant brought a motion before the Tribunal dated 24tn April, 2007, challenging the jurisdiction of that Tribunal to try him not being a serving public officer. Both the trial Tribunal and the Court of Appeal had ruled against the Appellant, hence his present appealDid the Court below act rightly when after deeming the Respondent's brief...