The Code of Conduct Tribunal in Abuja has on Friday November 18, 2013 struck out the charges against the Provost of the Federal College of Education in Kontagora, Nathaniel Odediran for filing an incurably defective charge against the accused by the prosecution.
The ruling was unanimously delivered by the eminent three – man jury of the tribunal which was chaired by the Justice of the Tribunal – Danladi Yakubu Umar at its headquarters in Abuja.
Danladi Umar observed that in view of the submission in the preliminary objection raised by the learned Counsel to the accused, the charges were defective and in reference to the provisions in Section 36, Sub- section 6(a) of the 1999 Constitution as well as Section 202 of the Criminal Procedure Code, stroke out.
The tribunal ordered the Prosecuting Counsel led by Abbas Ibrahim to retrieve and properly prepare fresh charges in compliance with the constitution. However, the defending Counsels led by Paul Eshiemomoh had on the 6th of June, 2013 filed a preliminary objection to the competency of the charges on his client. Eshiemomoh averred that the charges are defective and has no basis to stand. He therefore prayed the tribunal to strike out the charges to avoid waste of time and government resources.
Leading to the prosecution, on the 13th of September, 2012, Nathaniel Odediran was arraigned before the tribunal on the charges contained in Case No: CCT/ABJ/07/12 through the hearing of the Code of Conduct Bureau applied on the 3rd July, 2012 for the commencement of trial on an alleged abuse of his office as Provost. The abuse was explained as influencing contract awards to various companies and persons at the cost of N150 million, which contravened the provisions in the Public Procurement Act of 2007, punishable under Section 23 of the Code of Conduct Bureau and Code of Conduct Tribunal Act.
Federal Ministry of Information (FMI) Nigeria