Attorney General Of The Federation & Ors V. Alhaji Atiku Abubakar (2007)

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ABDU ABOKI, J.C.A.

This is an Appeal against the decision of A.I. Chikere, J. of the Federal High Court, Abuja Division, delivered on the 20th December 2006.

The Respondent in this Appeal, Alhaji Atiku Abubakar, as Plaintiff before the trial Court, instituted an action by way of an Amended Originating Summons against the Appellants, Attorney-General of the Federation, Code of Conduct Bureau, and Code of Conduct Tribunal as Defendants, seeking for the determination of the following questions: ,,

“1. whether the Code of Conduct Tribunal, established by the Fifth Schedule to the Constitution of the Federal Republic of Nigeria 1999, has the power or jurisdiction to hear and determine complaint against the Plaintiff for non- compliance with, or breach of, the provisions of the Code of Conduct except on a reference to it by the Code of Conduct Bureau, established by section 153(1) of the Constitution, where in the opinion of the Bureau after it has investigated such complaint, reference to the tribunal is “appropriate” in accordance with paragraph 3 of the Third Schedule to the constitution, and whether Charge No. CCT/NCA/ABJ/06 dated 22/9/06 and filed in the tribunal by the Federal Republic of Nigeria, as Complainant, is not null and void for inconsistency with the Constitution.

2. whether having regard to the provisions of sections 142(1) and (2) and 08 of the Constitution of the Federal Republic of Nigeria 1999, the Plaintiff being a serving Vice President of the Federal Republic of Nigeria, duly elected and sworn in pursuance of the said Constitution can have any civil or criminal proceedings including that commenced by filling a charge before the Code of Conduct Bureau, established in the Fifth Schedule to the Constitution, instituted against him, during the tenure of his office.
3. If question (2) above is determined in favour of the plaintiff whether the Charge No. CCT/NC/ABJ/06 as filed before the Code of Conduct Tribunal dated 22/9/06 containing 18 counts is not so filed in contravention of the provisions of Sections 142(1) and (2) and 308 of the Federal Republic of Nigeria 1999.
4. Whether, if question (2) and (3) are determined against the plaintiff, the Code of Conduct Tribunal has the competence under the constitution to try and convict him of any criminal offences, including the criminal offences specified in Charge Bureau and Tribunal Act Cap 56 Laws of the Federation of Nigeria 1990, is not null and void for inconsistency with the Constitution, insofar as it purports to established by the Constitution, with powers or functions as there provided, as well as to prescribe anew their powers to try and convict the plaintiff of the criminal offences charged against him.”

The Plaintiff also sought the following reliefs:

“i. A DECLARATION that the 1st Defendant herein cannot initiate, institute, maintain or continue any civil or criminal proceedings before the Code of Conduct Tribunal against the Plaintiff during the tenure of his office, having regard to paragraph 3 of the Third Schedule to the Constitution.

ii. A DECLARATION that the Defendants herein cannot institute, commence or sustain any civil or criminal proceedings against the Plaintiff during the tenure of his office, by virtue of Sections 142(1) and (2) and 308 of the Constitution of the Federal Republic of Nigeria 1999.

iii. A DECLARATION that charge No. CCT/NC/ABJ/06 and the summons attached thereto and by the 1st Defendant filed at the Code of Conduct tribunal dated 22/9/06 and containing 18 counts contravenes the provisions of Section 142(1) and (2) and 308 of the Constitution of the Federal Republic of Nigeria 1999 and to that extent, is unconstitutional, null, void and of no effect whatsoever.

iv. A DECLARATION that, apart altogether from the immunity from civil or criminal proceedings conferred on the plaintiff by section 308 of the Constitution to try and/or convict him of any criminal offences specified in Charge No. CC/NC/ABJ/06, and that the provisions of the Code of Conduct Bureau and Tribunal Act Cap 56 Laws of the Federation of Nigeria 1999, establishing the said Bureau and Tribunal, prescribing their powers or functions, and empowering the Tribunal to try and/or convict the plaintiff of the criminal offences so charged against him are unconstitutional, null and void.

v. An order setting aside the said Charge No. CCT/NC/ABJ/06 and the summons emanating therefrom.

vi. An order of perpetual injunction restraining the Defendants from instituting, commencing, or sustaining any civil or criminal action against the plaintiff during the period of his tenure of office.”

The facts of the case as gathered from the records of Appeal are that the Respondent is the Vice President of the Federal Republic of Nigeria.

He assumed the office for the second term after his political party won the 2003 General Elections.

The 2nd Appellant investigated certain allegations leveled against the Respondent and the 1st Appellant proffered 18 counts charge against him before the Code sheet and summons on him, he filed a Suit at the Federal High Court, Abuja challenging the competence of the 3rd Appellant to try him on the ground that he is immune from prosecution.