By Isaac Akerele
The Supreme Court on Friday dismissed the appeal filed by the Federal Government against reversing a previous ruling which cleared former Niger-Delta Minister, Godsday Orubebe on allegations regarding false asset declaration
A Judgement by the five-man panel of the apex court declared that the appeal by the Federal Government was incompetent and has therefore been struck out
It would be recalled that Mr. Orubebe was arraigned in 2015 on allegations that he failed to disclose his properties in the asset declaration forms submitted to the Code of Conduct Bureau while he was a minister between 2007 to 2011.
The allegation was a breach of Section 15 of the Code of Conduct Bureau and Tribunal Act Cap 15 Laws of the Federation of Nigeria, 2004, punishable under Section 23(2) of the same Act.
In his defence, Mr. Orubebe had pleaded not guilty to the charge levelled against him. He claimed he did not declare the said plot of land as his asset in 2011 since he already sold it before making his last asset declaration while leaving office.
The Code of Conduct Tribunal however ordered that the property he failed to declare be forfeited to the Federal Government.
Orubebe appealed the tribunal’s judgment and got a ruling in his favour upturning the decision of the tribunal which convicted the former minister and confiscated said asset
In response, the Federal Government, unsatisfied with the appeal court’s decision, once more filed an appeal at the Apex court
The Case came to an end today as Justice Emmanuel Agim, read the lead judgment in favour of the former minister, Orubebe, on grounds that the appeal was incompetent and is therefore struck out
“The appeal is incompetent. Prior leave of court was not obtained to file a mixed fact of law. It is hereby struck out” the judgement read
