The Code of Conduct Tribunal this afternoon adjourned hearing of matter against former Minister of Niger Delta Affairs Godsday Peter Orubebe on account of disagreement on amendment of count 2, 3 & 4, in the charge.
Chairman of the Code of Conduct Tribunal ruled that the application must come by motion to enable the Defence to have opportunity to come with their response to give way for proper hearing on the 27th of January, 2016.
Subsequently, the Tribunal adjourned to 27th January, 2016 for hearing.
Earlier at the proceeding, the prosecuting Counsels led by Peter Danladi told the court that the matter was slated for hearing and he immediately seeks the permission of the court to make an oral amendment of count 2, 3, & 4, in the charge against the accused person, relying on section 216 of the Administration of Criminal Justice Act, 2015.
He stated, in pursuant to section 216 of the ACJ Act 2015 ‘‘a court may permit an alteration or amendment to a charge or framing of a new charge at a time before judgement is pronounced’’.
The leading defence Counsel S. Larry (SAN), swiftly interjected and objected the prayer of the prosecution, he said the prayers for amendment has to come by ways of motion, which is the proper thing to be done.
Mr Larry insisted that this is serious business before a court of record and as such proper procedure must be followed in the application by the prosecuting counsel, he therefore objected the plea.
Mr Danladi, continued to harps on the section cited that gave him the permission to seek for the amendment at any time by means of oral application which has been the practice of this honourable Tribunal.
If recall, on the 9th of November, 2015, the ex-Minister was slammed with a 4 count charge alleging accepting a bribe of ₦70m from one Pastor (Dr) Jonathan Alota whose company bided for a contract of construction of skill acquisition centre in Benin.
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