The Supreme Court has dismissed the appeal filed by the federal government against the acquittal of a former Niger Delta Affairs Minister, Godsday Orubebe, over allegation of breach of Code of Conduct for pubic officers.
The apex court, in its judgement, said the appeal was incompetent.
In the lead judgement prepared by Justice Mohammed Lawal Garba, but read by Justice Emmanuel Agim, the court held that the appellant failed to obtain the prior leave of the court before filing the appeal, which was based on grounds of mixed law and facts.
The court held that since the prior leave of court was not obtained as required, the appeal was incompetent and proceeded to dismiss it.
The Federal Government’s appeal was against the judgement of the Court of Appeal, Abuja, which had set aside Orubebe’s conviction on October 4, 2016 by the Code of Conduct Tribunal (CCT) for breach of Code of Conduct for public officers.
The Federal Government had in a single-count charge, accused Orubebe of failing to declare a property at Plot 2057, Asokoro District, Abuja, in any of the asset declaration forms which he submitted to the Code of Conduct Bureau (CCB) while serving as a minister.
Orubebe denied the allegation, claiming to have sold the property before becoming a minister and, therefore, found no need to declare same as part of his assets.
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