N10m: Court of Appeal bars CCT boss from trial of accuser

The Court of Appeal in Abuja has stopped the Chairman of the Code of Conduct Tribunal (CCT), Danladi Umar from the trial of a former Comptroller General of Customs (NCS) Rasheed Owolabi, who accused him of N10million bribe.

A three-man panel presided by Justice Tinuade Akomolafe-Wilson on Friday held that the participation of Umar in the trial could lead to accusations of bias, and infringe on the defendant’s right to fair hearing.

The court also struck out the charges of false assets declaration brought against the ex-Customs boss by the Federal Government, ruling that it could only be revived when the CCT is reconstituted without the chairman.

“The fact that the chairman was absolved from prosecution over the allegation of bribery made against him by appellant does not justify the refusal of the tribunal to recuse Umar from the trial of the appellant,” the judge said.

“No matter how strong the character of Judex might be, he should not sit as a judge over the case of an accuser,” she added.

Owolabi’s petition alleging N10m bribe against the CCT boss in 2012, who is presiding over his trial at the tribunal, has been previously investigated by the Economic and Financial Crimes Commission (EFCC).

The EFCC through anticorruption lawyer, Festus Keyamo (SAN) recently filed fresh charges against Umar in respect of the allegations.

But the Attorney General of the Federation (AGF) and Minister for Justice, Abubakar Malami (SAN) on February 19 issued a query to EFCC chairman, Ibrahim Magu and Keyamo over the move.