Abuja - The Code of Conduct Tribunal on Wednesday struck out the suit brought against Magret Nzonbato, a serving commissioner in Adamawa, over assets declaration.
Justice Danladi Umar, the Chairman of the tribunal, in a ruling, discharged the accused following failure of the prosecution to support its amended charge with affidavit or summary of evidence.
Peter Danladi, the prosecution counsel, had told the tribunal that the matter was adjourned for hearing, adding that he was prepared to proceed but that the prosecution witness was present.
In his reaction, Aliyu Ahmed, counsel to the accused, objected to the submission on the ground that the charge was not brought in line with the rules of the tribunal.
He said the prosecution had failed to support its amended charge with an affidavit or summary of evidence.
Ahmed, therefore, urged the tribunal to strike out the charge since the prosecution had failed to comply with the rules of the tribunal.
Danladi had told the tribunal to discountenance the submissions of the defence counsel, adding that it was a deliberate attempt to delay proceedings in the matter.
Umar ruled that the rules of the tribunal stipulated that charges be supported by either summary of evidence or an affidavit.
"Having listened to the parties in the suit for and against commencement of hearing in this suit, I hold that the prosecution had failed to file its charge with supporting affidavit.
"This is against the rules of the tribunal and accordingly the charge is therefore struck out and the accused discharged,” he said.
The Attorney-General of the Federation had filed the suit challenging the accused for failing to declare her assets as a public officer.
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