Rights activist and convener of Movement for the Voice of Democracy (MOVERS), Dr. Ifeanyichukwu Okonkwo, has said that his petition against Anambra State Governor Chukwuma Soludo to the Code of Conduct Bureau (CCB) was to challenge ‘clear breaches’ of the country’s laws.

He stated that state governors should not take the immunity clause in the 1999 Constitution as amended as an omnibus stipulation, stressing that instances of abuses by state chief executives could be challenged in court while they are still holding office.

On April 14, 2015, Okonkwo filed a petition with the CCB alleging that Soludo, on April 5, received N30 million through a cheque from 60 groups as a donation towards his re-election plans.

In the petition titled “Fraudulent Misrepresentation, Money Laundering and Abuse of Public Trust,” and addressed to the CCB Chairman, Dr. Abdullahi Usman Bello, Okonkwo prayed the board to investigate Soludo and three of his aides.

He explained that the petition was “against the under-listed public officials for acts in flagrant breach, or non compliance with the provisions of the Code of Conduct (fifth schedule) Part 1, under the Nigeria 1999 Constitution of the Federal Republic of Nigeria (as amended) or through agents as nominees, trustees.”

Those listed in the petition included Soludo; Mr. Izukchukwu Okafor (Finance Commissioner/nominee, agent of the Governor); Dr. Obi Obiogbolu (Special Adviser/representative of 60 groups) and Engineer Chukwuemeka Julius, Team Lead, Soludo Fans Club.

Okonkwo said his petition to the CCB is to prove that Nigeria is still a nation of laws and that the law is not a respecter of anybody.

Rationalising his action, the petitioner noted that the complaints against  Soludo did not impinge on his immunity from criminal prosecution, stressing that the petition was filed pursuant to paragraphs 1, 6(1), 8, 9 and 13 of the Code of Conduct for Public Officers.

Drawing specific attention to paragraphs 6, 8 and 9, Okonkwo reiterated that by their actions, Soludo and the three others flouted the provision that, “a public officer shall not ask for or accept property or benefits of any kind for himself or any other person on account of anything done or omitted to be done by him in the discharge of his duties.

“No person shall offer a public officer any property, gift or benefit of any kind as an inducement or bribe for the granting of any favour or the discharge in his favour of the public officer’s duties.

“A public officer shall not do or direct to be done, in abuse of his office, any arbitrary act prejudicial to the rights of any other person knowing that such act is unlawful or contrary to the code of conduct for public officers.”

He maintained that Soludo cannot evade responsibility or escape the sanctions of the law, adding that since the provisions of the Code of Conduct for Public Officers are mandatory, both the governor and his aides breached the stipulations of the fifth Schedule of the 1999 Constitution (as amended).

Okonkwo told The Guardian that  as a vigilant and patriotic citizen, he was observing due process in his complaint, stressing that it was only after due investigation by the CCB that he will consider the next step, which he said could be to proceed with prosecution in the Code of Conduct Tribunal (CCT).