The Code of Conduct Tribunal is currently hearing an application of a no case submission, filed by Cousel to Justice Walter Onnoghen.
At the last adjourned date, Counsel to the federal government, Aliyu Umar, announced that they have close their case, of non asset declaration and operation of foreign account against Justice Walter Onnoghen after calling three witnesses to the stand.
Counsel to Justice Onnoghen had informed the tribunal of the intention in filing a no case submission, but would now time to write an address.
At the resume proceedings, Counsel to Justice Onnoghen, informed the Court that had just being served this morning with the prosecution written address.
He prayed the court to be allowed to reply orally on the points of law.
The prosecution counsel in his response did not object to defence response on point of law, but insisted that when one issues are raised he will object to the fact.
The Defence counsel replying on points of law, informed the tribunal, that the prosecution have not being able to establish a prima facie case to make the defendant enter his defence.
He adopted his written address and prayed the tribunal to uphold the no case submission and discharge and acquit the defendant.
Stressing that the CCB is bound by the provisions of the 1999 constitution and the CCT Act 2014.
Submitting that the CCB, disregarded and corrupted the procedure by failing to comply with its standard operational procedures.
Mr Awomolo, insisted that no investigation, no finding into the petition was carried out, as well as no legal opinion as required by the standard operational procedures.
Where there is no investigation they can not be prosecution.
[11:27 AM, 3/29/2019] +234 701 457 0870: The defence Counsel told the tribunal that Exhibit 1 is a petition written by a faceless and anonymous person, who was not brought before the tribunal, so the submission is that it is a documentary hearsay and is inadmissible.
The petitioner could not come up and show himself, so the exhibit should be expunged.
Making reference to exhibit 4 and 5, the defence Counsel, stated that they were products of a computer from the bank.
The documents were authenticated by two officers of the bank, who were not called as witnesses, stressing that there is no affidavit evidence or oath that described the manner in which its was produced according to Section 34, of the evidence act, 2011.
And the section demands that there shall be a certificate issued by the maker of the computer generated evidence, stating that Section 84(2)and (4) of Evidence Act are mandatory, and were there is non-compliance, the document can not be admissible.
Mr Awomolo also told the tribunal that exhibit 4, was forwarded to the EFCC, it was not addressed to the chairman of the CCB, so its a stranger to the proceedings.
The defence Counsel is praying the court to should accept his submissions and discharge and acquit the defendant and also tender and apology to the CJN for bringing shame to the Justice.
In response, Counsel to the federal government, relied on Section 306 of the ACJA, stating that what the defendant is charged for non asset declaration, which he has admitted to in writing that he forgot to do so.
What more evidence those the defence wants, the prosecution do not need to bring in all the staff of the CCB to prove his case.
The Tribunal has stand down till 1:30pm to deliver judgment .
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