Lagos — Vice President Atiku Abubakar is expected to appear today before the Code of Conduct Tribunal to defend charges of abuse of office, embezzlement of public funds and money laundering brought against him by the Federal Government.
His invitation by the tribunal is sequel to the report by the Economic and Financial Crimes Commission (EFCC), which accused him of conspiring with others to loot the Petroleum Technology Deve-lopment Funds (PTDF).
But the Vice President immediately approached an Abuja Federal High Court, praying it to stop the Federal Government from acting on the reports and findings of the commission. Hearing in the matter also comes up today.
The EFCC report had alleged that the VP conspired with others to loot the Petroleum Technology Development Funds (PTDF).
The investigation report was presented to the Senate by President Olusegun Obasanjo, who disclosed that the PTDF scandal was blown open by the United States Congressman, William Jefferson. The President said Jefferson had written him over a $6.5 million telecommunication deal between NDTV, a company owned by Otunba Oyewole Fasawe and iGate, a US telecoms firm.
Obasanjo, who stated that the investigations on his deputy were conducted from May 8, 2004 to September 5, 2006, had claimed that the controversial N100 million, donated to the Obasanjo-Atiku Campaign Organisation by Governor Joshua Dariye of Plateau State, was deposited into the VP's account in 2001.
He gave graphic details of the report, which alleged that Atiku, a former Executive Secretary of the PTDF, Hamisu Abubakar, and a friend of the VP, Fasawe, mismanaged the PTDF.
But the Vice President who rendered counter accusation against his boss, headed for the court, alleging that he was not given fair hearing before the report that indicted him was prepared.
Five Senior Advocates of Nigeria (SANs), Alhaji Abdullahi Ibrahim, Chief Wole Olanipekun, Dr. Rickey Tarfa, Professor Taiwo Osipitan and Mr. Emeka Ngige, who have since been briefed by the Vice President, will argue the matter before an Abuja Federal High Court today.
The Vice-President, in the suit, wants the court to, in the interim, restrain the FG from acting on the EFCC report pending the hearing and determination of the substantive suit.
The embattled Vice President is asking the court to declare that the defendants breached his right to fair hearing in that he was not given the opportunity to defend himself on the allegation leveled against him in the EFCC report.
The report, he argues, is null, void and of no effect whatsoever.
He also seeks a declaration that the September 6 decision of Federal Executive Council (FEC) on the said report are unconstitutional, unfair, unjust, illegal, null and void and of no effect whatsoever.
Atiku also prays the court for an order setting aside the decisions of the FEC concerning him which was based on the EFCC report.
The plaintiff is praying the court for a declaration that the administrative Panel of inquiry is not a panel known to law and/or does not qualify as a panel within the contemplation of the Tribunal of Inquiry Act Cap 447, Laws of the Federation of Nigeria, 1990 or the 1999 Constitution, and therefore unconstitutional, illegal and of no effect whatsoever.
He therefore prays the court for an order setting aside the said report as well as an order of perpetual injunction restraining the defendants, their servants, agents and privies howsoever stated from acting or further acting on the reports.
Vice-President Atiku who faulted the administrative panel report which condemned him for authorizing placement of funds in two banks at below market rates, claimed that no question was put to him on the issue and asserting that the funds were placed at rate fixed by President in the banking industry at the material time.
He further averred that the panel did not ask him any question on the failure to seek approval of the FEC before authorizing the placement of funds in the banks.
The embattled Vice-President who accused the President of bias in the constitution of the Panel and in presiding over the FEC meeting also alleged that his boss instigated the National Assembly to impeach him.
The defendants in the suit are the office of the Attorney General of the Federation, The Minister of Justice himself, Chief Bayo Ojo, SAN, Minister of Education, Minister of the Federal Capital Territory, Chief Bamidele Dada, the National Security Adviser, Major General Abdullahi Mukhtar, who were in their respective capacity, chairman and members of the Administrative Panel of Inquiry on the EFCC report.
Also cited as defendants are; the EFCC, the President of the Senate and the Speaker of House of Representative.

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