Tinubu’s trial: Court stops reading of new charges
By Yomi Odunuga and Kamarudeen Ogundele, Abuja 1 hour ago
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Asiwaju Tinubu at the tribunal before the sitting ,  yesterday. Behind him are: Alhaji Musa Gwadabe, Mr. Demola Seriki, Hon. Mutiu Are and Prince Wasiu Eshinlokun
AMID tight security, former Lagos Governor Asiwaju Bola Ahmed Tinubu was arraigned before the Code of Conduct Tribunal (CCT) yesterday. But the matter could not go on, as the prosecution served the defence a new charge, shortly before the session.
Tinubu is charged with alleged operation of foreign accounts, more than four years after he left office.
Attempts by the prosecution to convince the court to read the charge was rejected. CCT chairman Justice Danladi Yakubu Umar insisted on fairness and justice in the handling of the case.
He adjourned the matter till October 26 for objection to the charge before the court.
Tinubu’s lead counsel, Chief Wole Olanipekun (SAN),  informed the three-man panel that he was served neither the old charge, which was amended yesterday, nor the new one filed on Tuesday and served on his lawyers in the court yesterday.
He said Tinubu, out of utmost respect for the judiciary, chose to voluntarily honour the invitation which he knew about first in the media. The summons was later dropped in his office, he said.
Justice Umar praised the leader of the Action Congress of Nigeria (ACN) for his exemplary conduct, which he advised Nigerians to emulate.
“That is evidence of respect for the rule of law. Service requires to be personal. Out of respect, he chose to come; that is good enough. We want Nigerians to take a cue from that,” Justice Umar said.
Tinubu was at the Tribunal 30 minutes before the sitting began. He was clad in a blue kaftan, a blue cap and a pair of black shoes to match.
At exactly 10:33a.m., members of the Tribunal emerged from the chamber.
The prosecution counsel, Dr. Alex Iziyon (SAN) introduced his team. Chief Wole Olanipekun (SAN) introduced nine other Senior Advocates of Nigeria (SAN) for the defence.
They are: Former Nigerian Bar Association (NBA) President Oluwarotimi Akeredolu (SAN), Charles Edosomwan (SAN), Adeniyi Akintola (SAN), Dele Belgore (SAN), Prof. Yemi Osinbajo (SAN), Kabiru Turaki (SAN), Ifedayo Adedipe (SAN), Deji Sasogbon (SAN) and Dele Adesina (SAN).
Others are former West African Bar Association President Mr. Femi Falana, Mrs Jumoke Anifowoshe, Dr. Tunji Abayomi, Blessing Umuapo, Charles Musa, Babatunde Ogala, Dr. Muiz Banire, Funsho Olukoga, Dapo Akinoshun, Olanrewaju Obadina, Silas Onwuguonu, Moses Ideh and P.C. Okafor.
Sola Iji, Oye Akintola, Ganji Ajape, Soji Olowolafe, Gbenga Adeyemi, Bayo Idowu, Iyiola Oladokun, Joshua Alogu and Francis Alogboh were also there.
Iziyon informed the Court of the new charge, which the defence counsel did not object to.
Olanipekun told the Tribunal that Tinubu was not personally served the old charge, adding that “personal service is fundamental in the case”.
His words: “No personal service was effected on him. It was only dropped somewhere; he heard of it … but out of respect for the court, he chose to come to honour the tribunal. I urge your lordship to direct that all processes be rightly served.”
Iziyon admitted that Tinubu was not personally served the summons. He blamed this on what he called the inability of the bailiff to see the former governor.
But the Tribunal overruled him, saying since Tinubu is no longer in office, serving him could not have been difficult.
Tinubu remained calm while the proceedings lasted.
Iziyon urged the Tribunal to read the new charge to Tinubu for his plea to be taken. The defence kicked.
Olanipekun said: “My lords, we want to object to the motion. We have perused through the amended charge. We, as counsel to the defendant, intend to raise a similar and more fundamental objection. The objection will also affect the jurisdiction of the Tribunal to take up this matter. We will need time to prepare our motion. We need time to prepare a formal motion.”
But Iziyon insisted that the amended charge be read to Tinubu.
Citing various authorities, Olanipekun submitted that “by asking that the charge be read, the court is assuming jurisdiction”.
“My lords, the jurisdiction you have is to first determine whether you have jurisdiction or not. Your lordships could not have side-tracked the right of the defendant to Preliminary Objection. It is unfair for the prosecution to insist that the defendant should take his plea. This is the same charge that was served on us this morning. Section 36 of the Constitution is very clear on this. I don’t think even in Libya that this kind of procedure will be allowed because nobody is in charge now,” Olanipekun said.
Replying, Iziyon told the Tribunal that he would not object, if the Defendnat wanted to oppose the charge, “but for him to say he should not take his plea, no”. “Arraignment is different from trial.”
Justice Umar said: “We have to look at this case generally. We are here for justice for all. This is a court of summary trial. You (Iziyon) served the amended charge today; they did not object to that. They observed that they want to object to the charge, they did not object to you serving them. Issue of jurisdiction is very fundamental. We cannot proceed if we don’t have jurisdiction. I’m of the opinion that we grant them the necessary time to raise a motion to challenge the charge; we should not be jumping the gun.”
The CCT Chairman appealed to counsel for cooperation so as to decide the case expeditiously.
“Bear in mind that the prosecution in this court is summary; please, do not delay…we want to dispense this case so quickly; we want a fair trial,” he added.
Upon agreement by parties, the Tribunal gave the defence 14 days to file its written address on the Preliminary objection. The prosecution has 14 days to reply. The Defendant will then have five days to reply on point of law.



http://www.thenationonlineng.net/2011/index.php/news/20448-tinubu%E2%80%99s-trial%3A-court-stops-reading-of-new-charges.html

Lol, Naija!
The more you look, the less you see.

He said Tinubu, out of utmost respect for the judiciary, chose to voluntarily honour the invitation which he knew about first in the media. The summons was later dropped in his office, he said.

Iziyon admitted that Tinubu was not personally served the summons. He blamed this on what he called the inability of the bailiff to see the former governor.
But the Tribunal overruled him, saying since Tinubu is no longer in office, serving him could not have been difficult.

lmao,

Cluelessness and incompetence as usual. Freeking dummies can't even follow Basic /Elementary legal procedure.

Ex-governor insists he didn’t run accounts
By Our Reporter 16 hours 29 minutes ago
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Asiwaju Bola Tinubu

Also yesterday, Tinubu described his case as political persecution and challenged the complainants to bring their proof, if they had any against him.
Addressing reporters after the sitting, Tinubu said: “I believe in the rule of law and constitutional democracy and the respect for the judiciary, believing equally that those who allege must prove beyond reasonable doubt. The substance of the case, I don’t even know.
“They said I operated foreign accounts; they have not shown me statements of account, they are yet to provide information, even though under the Freedom of Information Act they are expected to do that; they have not provided me the amount; is it from the state money? Is it from Lagos State or from my almajiri exercise or efforts? They have not shown me.
“Suddenly, they pounced on me with a new charge; amended charge this morning in the court premises. That one, I have not seen at all. I don’t know what the charge is. Anybody who knows me knows that I maintain an open-door policy. My address is known throughout this country. They gave excuses there again that they had to drop the summons in my office because they couldn’t locate me. That, I believe is a fabrication.
“The question is, this is all politics.com. Nigeria is facing a very crucial challenge in our democratic dispensation; in our institutional building. The focus of service and development to this country is very crucial at this hour. I think we should wait for them to see and prove whatever they have, but, to me clearly, we should concentrate on the security, the welfare and developmental requirement of our nation.”
As he walked to the BWW Sport Utility Vehicle in which he rode out of the court premises, Tinubu’s supporters chanted: “On your mandate we shall stand, on your mandate we shall stand, on your mandate, on your mandate, on your mandate we shall stand!”

http://www.thenationonlineng.net/2011/index.php/news/20445-ex-governor-insists-he-didn%E2%80%99t-run-accounts.html

Eko Ile:



lmao,

Cluelessness and incompetence as usual. Freeking dummies can't even follow Basic /Elementary legal procedure.

These clowns are so transparent in their pathetic attempt to cower the main voice of opposition in Nigeria. Nairalanders should ask if one single person has been brought to book over the current mess revealed by the investigation into the abuse and bastardization of various privatisation schemes !!!!

Which is more important? Bringing to book those who collected billions of dollars only to give us darkness or going after an individual who allegedly operated foreign account while in office? Shall we then examine the dude (Anenih) that embezzled billions meant for the construction and renovation of Nigerian roads? Are Nigerians not dying daily because of the heinous and callous actions of "Mr. Fixit"?  The far more injurious actions of these folks do not matter because they are pals of the Government yet Tinubu is public enemy number 1. Let GEJ carry on . It is his penchant for accepting inane advice , from "do or die" political Dinosaurs, that has brought him all the grief he is dealing with today.