- Defendants currently being prosecuted before the Code of Conduct Tribunal are in for a long legal hurdle
- They may have their properties, which are subject of the charges preferred against them, temporality forfeited
- This will be the new status quo pending the final determination of their cases
Defendants currently being prosecuted before the Code of Conduct Tribunal (CCT) may have their properties, which are subject of the charges preferred against them, temporality forfeited pending the final determination of their cases.
Senate President Bukola Saraki, Justice Sylvester Ngwuta of the Supreme Court, among others might be affected as they are currently facing a legal hurdle with the CCT.
This is according to the CCT’s new Practice Direction, 2017, released last week, Punch reports.
CCT chairman, Danladi Umar, has never hidden his disdain for corrupt government officials
The 26-paragraph Practice Direction, with commencement date of February 16, 2017, is signed by the CCT’s Chairman, Danladi Umar, and the other member of the tribunal, William Atedze.
READ ALSO: Seized N13B probe: NIA finance officials to appear before Osinbajo's investigative panel
Paragraph 12 of the document, which deals with ‘Seizures’, gives the prosecution the discretion to apply (through ex-parte motion) for temporary forfeiture of assets which are subject of the trial pending the final determination of the case.
NAIJ.com gathered tt allows the prosecution to make the application for property seizure at the commencement of the trial or “at a reasonable time thereafter”.
The new practice direction is a procedural framework, and it is expected to take immediate effect on ongoing cases.
Paragraph 12 reads: “The prosecution may, at the commencement of the trial or at a reasonable time thereafter, apply to the tribunal for an interim order of seizure, forfeiture and confiscation of the property, the subject of the charge pending the final determination of same by the tribunal.
“An application for temporary seizure may be heard in chambers or in open court by the tribunal.
“Application for temporary seizure shall be made motion ex parte supported by an affidavit and schedule of the property to be so attached.”
Saraki is being prosecuted by the federal government before the CCT on 18 counts including mostly false assets declaration.
The Senate President was said to have failed to declare the properties.
READ ALSO: Emir of Kano Sanusi under probe over questionable expenses in his council
Saraki (right) during one of his appearances at the tribunal
Forfeiture of property, which is the subject of a trial, has been part of the three types of sentences imposable on the defendant found guilty since the establishment of the CCT.
But giving room to the prosecution to request the seizure of the said property before the final determination of the case is novel at the tribunal.
