Supreme Court voids Orubebe’s conviction on asset declaration

The court held that Orubebe’s trial was not based on non-declaration of title deed of the said property, but alleged false declaration of assets.

By Jeffrey Agbo

The Supreme Court has upheld the nullification of the conviction of former Minister of Niger Delta Affairs, Godsday Orubebe, over an allegation that he falsely declared his assets in 2007.

The Federal Government had appealed to the apex court, seeking the upturning of the Court of Appeal’s decision.

In the lead judgement that was prepared by Justice Garba Mohammed, and read on Friday by Justice Emmanuel Agim, the five-member panel of justices of the Supreme Court ruled unanimously that the government’s appeal against Orubebe was incompetent.

The court said the government acted in breach of its rules when it failed to obtain permission before it lodged the appeal on “mixed law and facts.”

On June 14, 2017, the Court of Appeal in Abuja cleared Orubebe of the conviction made by the Code of Conduct Tribunal (CCT).

In a unanimous decision, the appellate court panel, led by Justice Mohammed Abdul Aboki, voided Orubebe’s conviction on the premise that the CCT verdict occasioned a miscarriage of justice against him.

The judgement followed an appeal the former minister lodged to challenge his trial and conviction.

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

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

Chairman of the tribunal, Mr. Umar, who maintained that there was merit in the one-count amended charge that the government entered against the former minister, held that the said property should be forfeited to the government.

The tribunal noted that though Orubebe claimed that he had already sold the land before he submitted his asset declaration form to the Code of Conduct Bureau (CCB) the title documents bore his name six years after.

Even though the tribunal confiscated the land from the defendant after it found him guilty of the offence of false declaration of assets contrary to Section 15 of the CCB & Tribunal Act, Cap C15, Laws of the Federation of Nigeria 2007, it declined to ban him from holding any public office.

Dissatisfied with the verdict, Orubebe approached the appellate court to nullify it.

While upholding the appeal, the court 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 non-declaration of title deed of the said property, but alleged false declaration of 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 Orubebe 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.