Assets declaration: A’Court voids Orubebe’s conviction, overrules CCT

The Court of Appeal Abuja Division has nullified the conviction of a former Minister of Niger Delta Affairs, Elder Godsday Orubebe, by the Code of Conduct Tribunal (CCT) for false assets declaration.

Court of Appeal said in a judgment on Wednesday in the appeal lodged by Orubebe that the decision of the tribunal which found him guilty of the allegation of false assets declaration in 2007 was a miscarriage of justice.

In a unanimous judgment, a three-man panel of Justices of the appellate court led by Justice Mohammed Abdul Aboki, voided the tribunal conviction.

Orubebe had in his Notice of Appeal marked CA/A/633c/2016, urged the appellate court to not only set-aside judgment delivered by the tribunal chairman, Danladi Umar on October 4, 2016, but to equally discharge and acquit him of the charge.

The tribunal in the said verdict, had said it was satisfied that Orubebe shielded his ownership of Plot 2057 Asokoro District, Abuja.

Umar also had held that there was merit in the one-count amended charge the Federal Government filed against the former Minister and ordered a forfeiture of the property to the Federal Government.

The tribunal had noted that though Orubebe claimed that he had already sold the land before he submitted the assets declaration form, the title documents was still in his name six years after.

Meanwhile, dissatisfied with the verdict, Orubebe, through his lawyer, Mr. Selekowei Larry (SAN), appealed against the judgment on three ground and asked the appellate court to determine:

“Whether the tribunal was right in convicting the defendant for false declaration of plot 2057, Asokoro District, Abuja.

“Whether the tribunal was right in holding that the said plot 2057 remained or remains the defendant’s property despite exhibits D1, D2, and D3 being documentary evidence of transfer of interest executed in favour of one Divention Properties Ltd by the defendant.

As well as, “Whether the tribunal was right in suo motu raising the issue of non-registration of Divention Properties Ltd’s title in respect of plot 2057 Asokoro District, Abuja and convicting the defendant thereon without granting party opportunity to be heard thereon”.

Orubebe also prayed the appellate court to allow the appeal on the premise that the prosecution woefully failed to prove the false declaration of assets against him.

While upholding the appeal on Wednesday, the appellate court panel held that the tribunal went beyond the case that was brought before it by the prosecution.

The court held that Orubebe’s trial was not based on his none declaration of title deed of the said property, but his alleged false declaration of his assets. It stressed that as such, the unregistered instrument of transfer of the said property was admissible evidence in proof of the payment of purchase price, which showed that the property was already acquired by Divention Properties Ltd.

The appellate court stressed that the appellant could not have declared the same property he had parted with.

The court faulted the CCT for raising the issue of non- registration of title deed of the property suo motu (by itself).

“On the whole, it is our view that this appeal succeeded on its merit and is therefore allowed.

“The appellant is accordingly discharged and acquitted”, the court held.