Walter Samuel, the Chief Justice of Nigeria (CJN) has refuted claims that he was served summons to appear before the Code of Conduct Tribunal (CCT) to face trial over alleged false asset declaration.
The Code of Conduct Bureau (CCB) filed a six-count charge against the CJN over alleged failure to declare his asset upon assumption of office as provided in Section 15 (1) of the Code of Conduct Bureau and Tribunal Act C15, punishable under Section 23 (2) (a) (b) and (c) of the same Act.
During the hearing on Monday, the CJN who was represented by about 25 Senior Advocates of Nigeria (SAN) and over 50 other lawyers, said he was not served in person as demanded by the constitution.
Substantiating the CJN’s position, Wole Olanipekun (SAN), who led the defence team, stated that Section 123 (a) and 124 of the Administration of Criminal Justice Act (ACJA) required personal service of the defendant in criminal matters.
Moreover, Olanipekun asked the jurisdiction of the court to hear the case He further said that the defendant was not served with leave of court containing the date for the arraignment. “Our appearance here is on protest. We are not yet at the stage of trial,” he said.
As a result of the submission, Justice Danladi Umar, the chairman of the tribunal asked the court registrar for the report of service of summons on the CJN.
The registrar told the court that the CJN, on Friday, January 11, directed him to serve his personal secretary with the summons on his behalf.
There was drama when the chairman of the tribunal said the rule allows service on the defendant’s next door neighbour.
Olanipekun was shocked that service in a criminal matter can be served on a neighbour without an order of court for substituted service to that effect.
Aliyu Umar, the prosecution counsel, asked the court to order the trial of the defendant before any objection is raised.
“We concede that personal service is mandatory in criminal matters under Section 123 of the ACJA, however arraignment has to be made before any objection,” he said.
However, Umar suggested an adjournment to allow for a new service to be personally served on the CJN.
