The Supreme Court has upheld the Court of Appeal’s decision to clear former Minister of Niger Delta Affairs, Godsday Orubebe, of false asset declaration charges, dismissing the Federal Government’s appeal.
Orubebe, who served as minister from 2007 to 2011, was arraigned in 2015 for allegedly failing to disclose his properties in asset declaration forms submitted to the Code of Conduct Bureau during his tenure.
The charges against Orubebe were in violation of Section 15 of the Code of Conduct Bureau and Tribunal Act Cap 15 Laws of the Federation of Nigeria, 2004, punishable under Section 23(2) of the same Act. Despite pleading not guilty, the former minister faced trial for the undisclosed property.
During the proceedings, Orubebe argued that he omitted the property from his 2011 asset declaration because he had sold it to his landlord before leaving office. The Code of Conduct Tribunal, however, ordered the forfeiture of the property to the Federal Government.
Challenging the tribunal’s decision, Orubebe appealed to the Court of Appeal, which overturned the earlier conviction and forfeiture order, ruling in favor of the former minister.
In its recent judgment, the Supreme Court affirmed the decision of the Court of Appeal, stating that the appeal filed by the Federal Government lacked competence.
Justice Emmanuel Agim, reading the lead judgment, emphasized that, “the appeal is incompetent. Prior leave of court was not obtained to file a mixed fact of law. It is hereby struck out. “
