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The Code of Conduct Tribunal trying
Nuhu Ribadu, former chairman of Economic and Financial Crimes
Commission (EFCC), for asset declaration-related offences, has
postponed Mr. Ribadu’s official pardon by seven days.

The tribunal, in its resumed sitting in
Abuja on Thursday, said it will now sit on April 15, 2010, to deliver
its verdict on the federal government’s intention to discontinue the
case initiated against Mr. Ribadu. However, the conclusion of the
processes of documentation needed to get the suit properly terminated
is what the tribunal was supposed to initiate on Thursday.

The special assistant to the
Attorney-General of the Federation on Litigation, J.O. Olatoke, had on
March 31, revealed the intention of the federal government to withdraw
the four-count criminal charge against Mr. Ribadu. He had argued that
the 1999 Constitution gives the attorney general ‘Nolle Prosequi’ – the
power to discontinue such criminal prosecution – at any stage of the
case. He also told the court that it was within the prerogative of the
attorney general to decide the cases he wants to prosecute.

Minister’s involvement

According to court officials who sought
anonymity, the turn of events on Thursday may be connected with the
recent redeployment of ministers at the Justice Ministry. Adetokumbo
Kayode, the former attorney general of the federation, who suggested
that the case be withdrawn, was redeployed to the Ministry of Defence
in the recent reformation of the Executive Council of the Federation.
Mr. Kayode reviewed the case against Mr. Ribadu shortly after he
replaced Micheal Aaondoaka, and directed that it should be withdrawn
immediately.

Mohammed Bello Adoke, another Senior Advocate of Nigeria, replaced him as the new attorney general.

Ribadu’s Return

When asked for his reaction, counsel to
Mr. Ribadu, Femi Falana said, “I have no problem with it.” Mr. Ribadu
is being prosecuted at the Tribunal for allegedly refusing to disclose
his assets, according to constitutional provisions, while he was
chairman of the EFCC, in what many believe is a politically motivated
case to smear his name. Mr. Ribadu did not appear before the Tribunal
and this made it to declare him wanted on November 20, 2009. The former
anti-corruption boss however, denies the charges, saying he declared
his assets as at when due.

“I assert that there is no substance to
this case; that my assets were (not) declared. How could I have been
confirmed for my position in 2003 if I did not submit an asset
declaration form to the Senate, as all officers needing Senate
confirmation are obligated to do?” Mr. Ribadu had told NEXT.

The federal government had last week
indicated its willingness to drop the charges against Mr. Ribadu, as
exclusively reported by NEXT, and he has agreed to accept the position
of Special Adviser on anti-corruption and good governance to Acting
President, Goodluck Jonathan. His new designation will be to supervise
the nation’s anti-corruption agencies, which includes his former
agency, the EFCC; the Code of Conduct Tribunal; and the Independent
Corrupt Practices Commission (ICPC).

Mr. Ribadu is at present concluding his fellowship at the Centre for Global Development in Washington, USA.