The Code of Conduct Tribunal has set April 26, 2006 for ruling on whether it has jurisdiction to hear the case of operation of foreign bank account by Governor Orji Uzor Kalu of Abia State.  The Chairman of the Tribunal, Justice Constance Rekhia Ayashe Momoh made this known at her maiden sitting at the Tribunal on Wednesday, March 29, 2006 in Abuja. 

At the sitting, the Defence Counsel, Livy Uzoukwu (SAN) argued that the Tribunal lacks jurisdiction to hear the case supporting his position with Section 308 of the Constitution, which confers absolute immunity on the accused.

           On his part, the Prosecution Counsel Thompson Olatigbe had argued that the Governor had violated his oath of office, to abide by the Code of Conduct for Public Officers.  He further indicated that the Constitutional immunity for certain categories of Public officers is effective against criminal and civil proceedings and not special proceedings (sui generis) like that of the Tribunal, which deals with only contraventions of the provisions of the Code of Conduct Bureau and Tribunal Act CAP C15 2004.

           Also heard is the case of officials of Owerri Municipal Local Government.  The Chairman, Vincent Ehirim and Supervisory Councilor for Finance, Cyprian Njoku were arraigned before the Tribunal for conflict of interest and abuse of office.  The Tribunal in an earlier ruling declared it had jurisdiction to hear the case.  According to the Defence Counsel Valentine Ehirim, he filed a motion for Stay of Proceedings at the Tribunal and had appealed the ruling at the Appeal Court in Port Harcourt.  The motion is to be heard and determined at the next date of adjournment.

           The third case on the Court’s list was that of DSP Alamieyeseigha who was brought before the Tribunal on an 18-count charge.  It was reported by the prosecution that the accused was still recuperating in a Lagos hospital after undergoing surgery.  The Chairman ordered that a medical report be produced if accused will not be brought to Court at the next sitting.

           The Tribunal adjourned sitting till April 26^, 2006 in Abuja.

 Suleiman Haruna

Head, Information and Public Relations