The Code of Conduct Tribunal on Tuesday struck out five counts of offences relating to non-declaration of assets and conflict of interest levelled against the then Minister of the Federal Capital Territory, under the late Gen. Sani Abacha’s military government, Lt.Gen. Jeremiah Useni (retd.).

The Justice Danladi Umar-led tribunal struck out the case which was filed in May 2000 on the grounds of lack of diligent prosecution.

At the resumed hearing of the case on Tuesday, prosecuting counsel, Mr. Peter Danladi, urged the tribunal to adjourn the case sine die (indefinitely) to afford his team time to brief the yet-to-be appointed Attorney-General of the Federation and Minister of Justice on the status of the case.

Danladi said, “At the last adjourned date, the prosecution sought adjournment in order to brief the Attorney-General of the Federation on the position on this matter and to get further directive from him.

“Unfortunately, because of the transition programme, the prosecution was unable to brief the AGF (then Mr. Mohammed Adoke) and based on that, my Lord, the prosecution shall be asking for an adjournment sine die (indefinitely) in order for it to brief the AGF.”

The defence lawyers, O. V. Odjemu and Nathaniel Egbet, opposed the application for an indefinite adjournment.

Odjemu argued that instead of granting an indefinite adjournment, the tribunal should strike out the case.

The lawyer contended that granting an indefinite adjournment in a case that had already lasted 15 years, would amount to further trampling on his client’s right of determination of the case against him within “reasonable time.”

He contended that though striking out the case would not prevent the prosecutors from re-filing the case whenever they were ready, it would give his client psychological satisfaction that there was no pending charges against him.

Odjemu said, “We vehemently oppose the application for adjournment sine die.

“I will rather pray my Lord fervently that this matter be struck out. This matter has lasted for 15 years in this honourable tribunal.

“Striking out the case will make the accused person’s mind to be at rest that there is no pending charge against him.

“Whenever the AGF is appointed and they (the prosecution find out that a new charge needs to be filed, they can always come back.

“The constitutional right of the accused person for him to be tried within reasonable time is being trampled upon.”

In his ruling, Justice Danladi held that the prosecution’s request for an adjournment was “unacceptable.”

He noted that the case had, in the past, suffered several adjournments, including an indefinite one at the instance of the prosecution.

“It is hereby struck out. When the prosecution is ready to proceed, they can come back any time,” he ruled.

Useni was in May 2000 charged with, among other offences, failure to submit to the Code of Conduct Bureau, written declaration of his assets and liabilities and those of his spouse and children under 21 years old on assumption of office as the FCT minister on December 2, 1993.

He was also accused of failing to do so at the end of his tenure in offence.

Both offences were said to be contrary to section 15(1) of the Code of Conduct Bureau/Tribunal Act and punishable under section 23(2) of the same Act.

He was also charged with the offence of allocating parcels of land in the FCT, Abuja, to himself, friends, family members and companies in which he had interest.

The prosecution alleged that the act made his interests to conflict with his official duties and responsibilities in contravention of Section 5 of the Code of Conduct Bureau/Tribunal Act.

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