Inspite of the warrant of arrest hanging on his neck, the embattled former chairman of the Economic and Financial Crimes Commission (EFCC), Mallam Nuhu Ribadu did not show up at the Code of Conduct Tribunal that has ordered him to appear before it on Thursday citing his inability to renew his traveling documents.
Rather than honour the Tribunal’s invitation, Ribadu has approached a Federal High Court sitting in Abuja in a bid to set aside the warrant of arrest issued against him by the Code of Conduct Tribunal.
His counsel, Mr. Femi Falana who brought an ex-parte application before the court presided over by Justice Garuba Umar prayed for an order restraining the Inspector General of Police, Mr. Ogbonna Onovo from executing the warrant.
He further prayed the court to stop his trial at the Code of Conduct Tribunal pending the determination of the application challenging the powers of the Tribunal to try him.
But Justice Umar, who declined to grant the interim injunction directed the Tribunal to come before him on January 13, 2010 and show cause why it should not be stopped from continuing to try Ribadu.
When proceedings resumed at the Code of Conduct yesterday, Ribadu was visibly absent.
His counsel, Sola Egbeyinka informed the Tribunal that Ribadu was unable to renew his traveling documents adding that as soon as that was done, “he will appear before the Tribunal.”
Not convinced, the prosecution counsel, Anthony Malik said it was a ploy to stay away from the Tribunal as Ribadu recently traveled to Liberia on the invitation of the Liberian Government.
Chairman of the Tribunal, Justice Constance Mommoh who adjourned further proceedings to January 28, 2009 said the warrant of arrest issued against Ribadu would not be executed if he voluntarily submits himself to the Tribunal.
Ribadu is facing trial before the Code of Conduct Tribunal over criminal charges bordering on non-declaration of assets as required by the public officers Code of Conduct laws of Nigeria.
At the Federal High Court, Ribadu is contending that the Tribunal was an appendage of the presidency even as he stated that the official cars attached to the judges in the court carry number plates like “PRESIDENCY CCT 1, PRESIDENCY CCT 2 etc,” an indication, according to him, that there might not be fair hearing.
Falana in a motion exparte brought pursuant to Order IV Rule 3 of the fundamental enforcement procedure Rules 2009 as preserved by section 315 of the 1999 constitution inherent jurisdiction of the Honorable Court prayed for the following orders:
“An order of interim injunction restraining the 2nd respondent whether by himself, his agents, his privies, and servants from executing the warrant for the apprehension and production of the applicant before the 1st respondent pending the hearing and determination of the motion on notice herein.
“An order of interim injunction restraining the 1st respondent from further hearing the case of Attorney General V. Nuhu Ribadu in charge No: FCT/ABJ/01/09 pending the hearing and final determination of the motion on notice herein.”
The supporting affidavit deposed to by Ogala noted that on “September 10, 2009, Ribadu paid a condolence visit to the family of Chief Gani Fawehinmi SAN in Lagos and was at the Lagos University Teaching Hospital, Ikeja to pray for the soul of the deceased .
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