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Published on 2024-02-16 10:21:38
The Supreme Court recently dismissed the appeal filed by the Federal Government against the reversal of the conviction of former Niger-Delta Minister Godsday Orubebe on the allegation of breaching the Code of Conduct for Public Officers. Orubebe, a former minister of the Niger Delta, was arraigned over failure to list his properties in the asset declaration forms he submitted to the Code of Conduct Bureau during his time as minister. The Federal government’s appeal was based on grounds of mixed law and facts, and was filed without obtaining the prior leave of the court.
In rendering its judgment, a five-member panel of the apex court held that the appeal by the Federal Government was incompetent, as it lacked competency due to the failure to obtain the prior leave of the court before the appeal was filed. The court specifically noted that since the prior leave of court was not obtained as required, the appeal was incompetent and therefore proceeded to dismiss it.
The appeal in question, marked SC/680/2017, was against the June 14, 2017 judgment of the Court of Appeal, Abuja, which set aside Orubebe’s conviction on October 4, 2016, by the Code of Conduct Tribunal (CCT) for breach of the Code of Conduct for public officers. The Federal Government had accused Orubebe of failing to declare a property at Plot 2057, Asokoro District, Abuja. This property was not included in any of the asset declaration forms submitted to the Code of Conduct Bureau (CCB) while he was serving as a minister. Orubebe denied the allegation, stating that he had sold the property before becoming a minister, and therefore, he found no need to declare it.
The ruling by the Supreme Court is a significant development in the legal proceedings against Orubebe. It emphasizes the importance of due process and adherence to legal requirements in filing appeals before the court. The dismissal of the appeal by the Federal Government clearly underscores the need for all parties involved in legal proceedings to comply with the necessary procedural rules to ensure the competency of their appeals.
This decision by the Supreme Court is also likely to have wider implications for similar cases, reaffirming the requirement for obtaining the prior leave of court before filing appeals based on mixed law and facts. It serves as a reminder of the standards and protocols that must be followed when pursuing legal action in the Nigerian judicial system.
Overall, the Supreme Court’s judgment in the case of Orubebe vs. the Federal Government underscores the importance of procedural compliance and adherence to legal requirements in the pursuit of justice. It reiterates the principles of fair and just legal proceedings, ensuring that all parties involved adhere to the proper legal processes and procedures. The dismissal of the appeal highlights the court’s commitment to upholding the rule of law and reinforces the importance of following due process in all legal matters.
Read the original article on Legit.ng
