Senate, Bukola Saraki
They are seeking to achieve through the back door what some people cannot get through democratic process
Omololu Ogunmade,
Senator Iroegbu in Abuja, and Hammed Shittu in Ilorin
The Code of Conduct Tribunal (CCT) sitting in Abuja on Friday commenced
the trial of the President of the Senate, Bukola Saraki for alleged
false declaration of assets and also ordered the Inspector-General of
Police (IGP) to arrest and produce Saraki before it on Monday for
failing to appear during its sitting.
The CCT commenced the trial of Saraki despite a Federal High Court ordering the chairmen of CCB, CCT and a Deputy Director in the Federal Ministry of Justice, Musiliu Hassan to appear before it on Monday to show cause why Saraki's ex-parte application should not be granted.
Saraki had gone to court seeking to restrain the Federal Government, Code of Conduct Bureau (CCB) and Tribunal from arraigning him.
The trial judge at the Abuja High Court, Justice A.R Mohammed had in his ruling on Thursday, summoned the CCT and CCB chiefs.
But yesterday, the CCT ruled that the President of the Senate must be available to take plea in the 13 count charge slammed on him by the Federal Government over alleged false declaration of assets.
When the matter came up before the CCT, Saraki was represented by J.B Daudu (SAN) and Mahmud Magaji (SAN).
While arguing his case, the Prosecution Counsel, Musiliu Hassan, noted that the accused was not in court despite the fact that he was served with the summons, adding that they exhibited it in their process.
Hassan however prayed the tribunal to issue a bench warrant on the accused person for disobedience of court orders.
Opposing the application, Magaji submitted that the charge, as well as the prosecution lack ed validity to come before the court on grounds that there was no incumbent Attorney General of the Federation (AGF).
He further argued that there was a pending ruling of the Federal High Court which had summoned chairmen of CCB, CCT and Hassan.
The tribunal later stood down the matter, and after about three hours stand down, the presiding judge, Justice Danladi Umar, ruled that the tribunal took notice of the fact that there was no AGF at the moment.
He further held that the absence of the AGF does not stop the filing of a criminal charge adding that in the absence of the AGF, the Solicitor General can institute such charge.
On that ground, the tribunal knocked off the accused's argument.
On the issue of a pending ruling, the tribunal held that the Federal High Court has the same jurisdiction with it, and hence, it was not binding by its ruling.
Justice Umar held that the tribunal will go ahead with the trial.
The tribunal also noted that it was clear that the accused person had been served with the summons, as such was shown by the proof of service.
"No court of co-ordinate jurisdiction can halt the proceedings of this tribunal. This tribunal called on the Senate President to come and stand his trial. The defendant is expected to respect the constitution he swore to", the tribunal held.
Justice Umar went further to issue bench warrant and ordered the IGP to produce the Senate President before him on Monday to take his plea.
The tribunal later adjourned till Monday for arraignment.
In the charge, Saraki was alleged to have made false declaration in the Assets Declaration Form for Public Officers on assumption of office as the Governor of Kwara State in 2003 by making anticipatory declaration of a property No 15A and 15B McDonald, Ikoyi Lagos, when in actual fact the properties was sold to him 2006 in the sum of N396,150,000 by the Implementation Committee on the Federal Government Landed Properties.
Consequently, the Senate President was alleged to have committed an offence under Section 15 of the Code of Conduct Bureau and Tribunal Act, Cap. C15, Laws of the Federation of Nigeria, 2004 and as incorporated under paragraphs 11(1) and (2) of Part I, Fifth Schedule of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and punishable under Section 23 (2) of the Code of Conduct Bureau and Tribunal Act and as incorporated under paragraph 18 of Part I, Fifth Schedule to Constitution of the Federal Republic of Nigeria 1999 (as amended).
He was also alleged to have between October 2006 and May 2007 while he was the governor of Kwara State acquired a property from the Implementation Committee on the Federal Government Landed Properties after his declaration while assuming office in the sum of N497,200,000 million, a sum which was not fairly attributable to his income, gift or loan approved by the Code of Conduct for Public Officers and which he wrongly claimed to have acquired from proceeds of sale of rice and sugar commodities.
In addition, the Senate President was said to have committed the offence under Section 15 of the Code of Conduct Bureau and Tribunal Act, Cap. C15, Laws of the Federation of Nigeria, 2004 and as incorporated under paragraphs 11(1) and (2) of Part I, Fifth Schedule of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
The offence was said to be punishable under Section 23 (2) of the Code of Conduct Bureau and Tribunal Act and as incorporated under paragraph 18 of Part I, Fifth Schedule to Constitution of the Federal Republic of Nigeria 1999 (as amended).
In addition, Saraki was alleged to have on 3rd June, 2011 made a false declaration in the Assets Declaration Form for Public Officers at the end of his tenure as Governor of Kwara State in 2011 by refusing to declare Plot 2A, Glover Road, Ikoyi Lagos which he acquired between 2007 and 2008 through his company Carlisle Properties Limited from Central Bank of Nigeria for a total sum of N325 million.
The charge sheet, stated that the offence was committed under Section 15 of the Code of Conduct Bureau and Tribunal Act, Cap. C15, Laws of the Federation of Nigeria, 2004 and as incorporated under paragraphs 11(1) and (2) of Part I, Fifth Schedule of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
Also, the offence was said to be punishable under Section 23 (2) of the Code of Conduct Bureau and Tribunal Act and as incorporated under paragraph 18 of Part I, Fifth Schedule to Constitution of the Federal Republic of Nigeria 1999 (as amended).
The Senate President was also alleged to be operating a foreign bank account while he was the governor of Kwara State. He was accused of transferring the sum of $73,223.28 from his GTB domiciliary account No441441953210 to the American Express Bank, New York card account No: 374588216836009.
Consequently, the offence was said to be committed contrary to paragraph 3, Part I, Fifth Schedule to the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Section 7 of the Code of Conduct Bureau and Tribunal Act and punishable under paragraph 9 of the said Fifth Schedule.
Federal Government had on September 11, filed a 13 count charge against Saraki before the CCT.
Saraki Heads to Appeal Court, Challenges CCT Ruling…
Meanwhile, the Senate President has filed an appeal challenging the ruling of the CCT, ordering the IGP to arrest and bring him before the tribunal on Monday.
In his grounds of appeal, Saraki through his lead Counsel, Joseph Daudu, submitted that the CCT erred in law.
He also argued that the CCT acted without jurisdiction by taking over the criminal trial of the appellant at the CCT for a charge which was being challenged at the Federal High Court.
In his particulars of error, Saraki stated that as at the time the lower tribunal overruled the appellant's application to discharge the order for bench warrant for his arrest by the respondent, there existed an order of the Federal High Court which was served on the lower tribunal.
The Senate President further submitted that the appellant filed an application dated September 17 challenging the jurisdiction of the lower tribunal to adjudicate on the charge brought before it.
In addition, he submitted that it was trite that when an accused files an application challenging the jurisdiction of a court/tribunal to adjudicate on the charge brought before it, the accused need not be in court.
The appellant however asked the Court of Appeal to set aside the order.
Why Saraki snubbed CCT…
Also yesterday, a statement signed by Saraki’s media aide, Yusuph Olaniyonu expantiated on why the President of the Senate refused to appear at the CCT.
Olaniyonu said: “The Senate President is a law abiding citizen and his absence from the Tribunal today was based on the legal advice he received from his counsel that the Tribunal will respect the decision of the Federal High Court which is obviously a superior court of records. Also, he relied on a letter from the Chief Justice of Nigeria directed to the Chairman of the Tribunal last May that they are not judicial officers and are inferior to the regular High Court as defined by the law and that they take official oath not judicial oath.”
Saraki in the statement said his ongoing trial was not a war against corruption but rather the deployment of state institutions to fight a political enemy.
He said he was shocked that the CCT as an inferior court could choose to ignore a subsisting order by a Federal High Court which on Thursday asked the plaintiffs to show cause why it should not grant an ex-parte motion sought by Saraki.
"It is also a surprise to us that despite the application by the lead counsel to the president that he would produce Saraki on Monday and the personality of the person involved as the No 3 man in the country, the tribunal insisted on issuing a warrant of arrest as if its intention is simply to embarass Saraki; we are not unmindful of the fact the tribunal is acting under political influence and external pressure. This is dangerous for our democracy."
According to Saraki, given the way the CCT had handled the matter so far, it was clear that he could not get justice before it adding that inasmuch as he had resolved to be law abiding, he also had the right to seek protection from the judiciary.
Arguing that it was in view of the ruling of the high court on Thursday that he chose to go about his duties yesterday, Saraki alleged that it was clear that the CCT was under an undue influence, a situation he said was dangerous for democracy.
Furthermore, he said it was curious that the tribunal failed to listen to the submission of his counsel and instead proceeded to issue a warrant of arrest.
He added that it was dangerous to be walking towards the destruction of democracy in a bid to fight an enemy.
Tension in Ilorin…
Palpable tension yesterday enveloped the ancient town of Ilorin, Kwara State over the warrant issued for Saraki's arrest by the CCT.
At various Mosques in Ilorin, special prayers were conducted for Saraki.
Some of the residents of Ilorin who spoke on condition of anonymity said the current travail of Saraki was the handiwork of “enemies of democracy that want to take over the leadership of the senate.”
Also yesterday, a political group in the state, Maja Elders Forum (MEF) canvassed for prompt intervention of President Muhammadu Buhari over Saraki's ordeal in the hands of anti-graft agencies in the country.
MEF said the alleged witch-hunting of Saraki since his emergence as the Senate President few months ago should be halted in the interest of peace in the polity.
Agbakoba: The Code of Conduct Bureau is Not a Superior Court…
Former President of the Nigeria Bar Association, Chief Olisa Agbakoba has said the CCT was wrong to say that it was a court of equal jurisdiction with the Federal High Court.
“There are two kinds of courts in Nigeria, superior and inferior. All the superior courts are defined in Section 6 of the constitution; it does not include the Code of Conduct Bureau, it does not include the National Industrial court,” Agbakoba said.
According to him, “The Code of Conduct Bureau is not a superior court; it is an inferior court and because it is an inferior court, it is amenable to the judicial review jurisdiction of a superior court of record like the Federal High Court.”
The Federal High Court, he said had power to review the judicial work of the Code of Conduct Bureau because it is an inferior court.
Also reacting, Ebun Adegboruwa described the Tribunal’s action as an assault on rule of law. “What the Code of Conduct Tribunal did in spite of the order of the High Court amounts to judicial abuse of the due process of the rule of law and amounts to judicial rascality on the part of the serving judge of Code of Conduct Tribunal.”
Adegboruwa said the Tribunal was under the supervisory jurisdiction of the High Court, adding that the option left for the Tribunal was to approach the court that gave the order to either challenge it or vacate it.
He said, “It will amount to total anarchy for the parties affected by an order to decide whether or not to obey the order. So, to that extent, the bench warrant issued against the Senate President is ultra vires, it has no place in law and cannot be enforced, because if the order of the High Court to the tribunal was not enforced also the bench warrant of the tribunal to the Senate President cannot be enforced. You cannot use wrong to achieve a right.”
Story and pitures sourced from thisdaylive.com
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