By Akanimo Sampson
The Federal Government has dragged the senator representing Delta-North, Peter Nwaoboshi, to the Code of Conduct Tribunal on a three-count of false declaration of assets.
The charges were filed by the Office of the Department of Public Prosecutions, Federal Ministry of Justice.
Nwaoboshi was recently referred to the DPPF’s office for prosecution by the Special Presidential Investigation Panel for the Recovery of Public Property led by Okoi Obono-Obla.
The Senator is to be tried for allegedly making false assets declaration in his Form CCB1 submitted to the Code of Conduct Bureau by failing to declare three bank accounts he was said to have been maintaining with Sterling Bank (Nigeria) Ltd since 2015.
This is just as a Federal High Court, Abuja presided over by Justice J.T. Tsoho, ruled that the Special Presidential Investigation Panel For Recovery of Public Property is competent to initiate criminal prosecution against Senator Bassey Albert Akpan or anybody it has investigated.
The court in a suit FHC/ABJ/CR/88/2018 between the Federal Republic of Nigeria versus the Senator further held that the Prosecutor of the Panel, Dr Celsus Ukpong is competent to sign or initiate criminal prosecution and doesn’t require the consent of the Honourable Attorney-General of the Federation and Minister of Justice to do so.
Ruling on the case that involved Senator Bassey, the Court also said that the Panel doesn’t require to have the consent of the President of the Federal Republic of Nigeria before it can initiate criminal prosecution against anybody.
The Principal State Counsel at the Federal Ministry of Justice, Labaran Magaji, who signed the charges, alleged Nwaoboshi’s action was contrary to section 15(1) and (2) of the Code of Conduct Bureau and Tribunal Act and punishable under section 23(2) of the same Act.
The charges read: “That you, Senator Peter Nwaoboshi, adult, male, Nigerian citizen and a serving Senator representing Delta North constituency within the jurisdiction of this Tribunal did make false declaration in your asset declaration Form CCB 1 No: SEN001098 in that you refused to declare Account No: 0008600331 maintained by you with Sterling Bank (Nigeria) Ltd which is in operation since about 2015 and thereby committed an offence contrary to Section 15 (1) and (2) of the Code of Conduct Bureau and Tribunal Act Cap 015 LFN 2004 and punishable under Section 23 (2) of Code of Conduct Bureau and Tribunal Act Cap 015 LFN 2004.
“That you, Senator Peter Nwaoboshi, adult, male, Nigerian Citizen and a serving Senator representing Delta North Constituency within the jurisdiction of this Tribunal did make false declaration in your asset declaration Form CCB 1 No: SEN001098 in that you refused to declare Account No: 0006493689 maintained by you with sterling Bank (Nigeria) Ltd which is in operation since about 2015 and thereby committed an offence contrary to Section 15 (1) and (2) of the Code of Conduct Bureau and Tribunal Act Cap 015 LFN 2004 and punishable under Section 23 (2) (c) of Code of Conduct Bureau and Tribunal Act Cap 015 LFN 2004
“That you, Senator Peter Nwaoboshi, adult, male, Nigerian citizen and a serving Senator representing Delta North constituency within the jurisdiction of this Tribunal did make false declaration in your asset declaration Form CCB 1 No: SEN001098 in that you refused to declare Account No: 000997287 maintained by you with Sterling Bank (Nigeria) Ltd which is in operation since about 2015 and thereby committed an offence contrary to Section 15 (1) and (2) of the Code of Conduct Bureau and Tribunal Act Cap 015 LFN 2004 and punishable under Section 23 (2) (c) of Code of Conduct Bureau and Tribunal Act Cap 015 LFN 2004.”
Accompanying the charges filed against the senator was a document titled, ‘an application to commence trial.’
The summary of the prosecution’s case also attached to the charges, read, “It is the prosecution’s case that the defendant, a serving senator was investigated and found to have falsely declared his assets in his assets declaration Form CCB1 No. SEN001098.
“The prosecution, in this case, shall rely on the exhibits and testimonies of witnesses to prove its case beyond reasonable doubt.”
Another senator, Bassey Albert Akpan was arraigned before the Federal High Court by the panel for alleged refusal to declare his assets contrary to Section 3 (a) of the Recovery of Public Property (Special Provisions) Act, 2004. However, he objected to the competence of the Panel to file charges against him.
With the ruling, the coast has been cleared for the Akpan to face the charges against him.
However, the Akwa Ibom State senator through his counsel, Solomon Unoh (SAN) filed a Notice of Appeal on June 13, 2019 against the ruling.
Reacting to the development, Chief Okoi Obono-Obla, the Chairman of the panel, said that the ruling is great and that it has an impetus to the fight against corruption and strengthen the hand of the panel.
