The All Progressives Congress has kept mum over allegations of political witch-hunting by Senate President Bukola Saraki.
Bukola Saraki
Saraki,in an article published in a national daily on Saturday,had attributed his trial by the Code of Conduct Tribunal to political persecution for advising the party against fielding a Muslim-Muslim ticket in the run-up to the 2015 presidential elections.
The article published by THISDAY newspaper, reads in part,”My concern was that it would not be politically smart for us to run with a Muslim-Muslim ticket. I doubt if we would have won the election if we had done this, especially after the PDP had successfully framed us as a Muslim party. This was my original sin.”
Attempts to get comments from the National Chairman APC, Chief John Odigie-Oyegun were futile as of 8:54pm.
Repeated calls to his mobile phone were neither picked nor returned. A total of nine calls were made to the APC chairman, the first being at 3:38pm and the last at 8:53 pm. A response to a text message sent to him was still being awaited when this report was filed.
Similar calls made to the party’s National Secretary, Mai Mala Buni, indicated that it was switched off. A response to a text message sent to him was still being awaited as of 9:02pm
Calls also made to the party’s Deputy National Publicity Secretary, Mr. Timi Frank, were neither picked nor returned and he did not respond to a text message sent to him.
When contacted, the zonal Publicity Secretary of the APC (South East), Osita Okechukwu, said, “No comment.”
Also, the party’s Deputy National Vice Chairman (South), Segun Oni, neither picked nor returned calls to his line. A response to a text message sent to him was still being awaited as of 9:26pm.
Umar had earlier before the proceedings began on Monday, that the trial would proceed henceforth 10am to 6pm on daily basis.
Bukola Saraki
While adjourning the trial at about 5pm on Monday, Umar rejected a request by Saraki’s lawyer, Chief Kanu Agabi (SAN), for the tribunal to skip Tuesday, Wednesday and Thursday which are the days of the week which the Senate sits.
The request was opposed by the lead prosecuting counsel, Mr. Rotimi Jacobs (SAN), warned that the Senate should not be into the trial.
“The Senate is not on trial. The persons that is on trial is the defendant. The Senate should sit. It’s a disgrace to our nation to be saying that.”
In his response, the tribunal chairman reiterated the same point, asking the Senate to continuing siting while the Senate President is allowed to face his trial.
Umar said, “The Senate of the Federal Republic of Nigeria is not on trial, the Senate should sit. The only thing is that the personality of the defendant who happened to be the Senate President. The Senate should continue to sit.”
The trial was adjourned till Tuesday for cross-examination of the first prosecution witness., Mr. Michael Wetkas.
The Chairman of the Code of Conduct Tribunal, Danladi Umar, has directed that the trial of the Senate President, Dr. Bukola Saraki, will henceforth proceed day to day from today (Monday) until the conclusion of the case.
Bukola Saraki
He said the trial will begin 10am and end 6pm everyday.
Umar, who gave this directive at the resumed hearing in the case on Monday, said his decision to conduct the trial day to day was in line with the provisions of section 396(6) of the Administration of Criminal Justice Act.
He gave the directive in response to a request for one hour stand-down by the lawyer who represented the prosecution on Monday, Mr. Gabriel Esegine.
Esigine told the tribunal that the lead prosecuting counsel, Mr. Rotimi Jacobs asked for the stand-down to enable him to appear briefly before the Court of Appeal in Abuja.
But in response, Umar, who was not satisfied with the request for stand-down warned that the tribunal would no longer wait for anybody.
He said, “By virtue of 396 (6) the Administration of Criminal Justice Act, 2015, criminal trial of a defendant after arraignment shall proceed day to day.
“This is what the tribunal intends to do. I’m saying this to both the prosecution and the defence, this tribunal will not wait for anybody.
“We will start by 10am till about 6pm till the conclusion of the case.
“For the benefit of those who want to pray we will give a break for about 15 minutes. By 4pm, we will give another 15 minutes break to enable people to stretch their legs.”
The lead defence counsel, Chief Kanu Agabi (SAN), however joined the prosecution in pleading with the tribunal to grant the stand-down.
The CCT chairman then reluctantly stood the case down till 12pm.
But as of the time of filing this report at 11.11am, Jacobs had arrived the tribunal.
The trial is to continue today with the testimony of the first prosecution witness.
During the short court proceedings, Saraki, decked in a white traditional attire with a cap to match, sat in the dock, while a number of senators sat in the audience.q
• Why we can’t intervene in Sen. President’s ordeal
If embattled Senate President, Bukola Saraki, is indeed innocent of the corruption charges leveled against him at the Code of Conduct Tribunal (CCT), he should embrace the trial and prove his prosecutors wrong, says the All Progressives Congress (APC).
Bukola Saraki
In a chat with The Guardian, yesterday, the National Vice Chairman of the party, Chief Hillard Eta, dismissed suggestions that the party should have moved in to rescue the Senate President.
Eta argued that doing so would amount to violating the principles on which the party was founded.
He said: “Why would the party do that when it came on the platform of the rule of law, that everybody is equal in the eyes of the law? Are we saying that some are more equal than others? Are we living in Animal Farm? Are you saying that because he is the Senate President, he should not have an opportunity of absolving himself from allegations? Is that what you are saying?”
Earlier, in an interview he granted one of the nation’s online publications, party chairman, Chief John Oyegun, had ruled out the possibility of any political solution to Saraki’s tribulation, stressing President Buhari will not be drawn into the matter either.
He is quoted as having said: “What political situation in a legal matter? Are the judges politicians? The President is certainly not the type who will interfere in a judicial matter. I think we know him very well. Everybody must know him. Things must be done normally. And that is part of the change mantra; we must play by the rule, so that we don’t truncate processes.
“People don’t seem to internalise what change is. If the President says, ‘court, free that man’, the same President can say, ‘court, imprison that man’. Is that the Nigeria you want? No! Change means allowing the law to take the proper course. I can tell you the President won’t interfere. The President is straight and firm in all facets.”
Asked why APC national leader, Bola Ahmed Tinubu, is not being hounded by the CCT, Eta said: “Tinubu was not taken to the tribunal as a member of the APC. We have never had a situation where our members have been given a soft landing by the government that is in control.”
On whether he thinks the Saraki saga is an indication of infighting within the APC, Eta replied: “Why do we always view conspiracy theory about matters that have absolutely nothing to do with conspiracy? The Code of Conduct has accused Saraki of violating the provisions of the law. What is incumbent on Saraki is go to the court and absolve himself, prove his case, prove his innocence. All of these conspiracy theories would do no good to the delivery of justice in Nigeria. If it is conspiracy, the court will arrive at that conclusion. But if it is a fact that what he has been accused of is indeed correct, then the law should be no respecter of anybody.”
Toeing the same line, APC chieftain, Mr. Osita Okechukwu, argued that interference would run contrary to the ongoing anti-graft war of the Buhari administration.
Okechukwu, who is the party’s spokesperson for the South East caucus spoke on the heels of calls by the deputy national publicity secretary, Mr. Timi Frank, on need for the party to save Saraki from trial at the CCT.
Meanwhile, House of Representatives member, Mr. Zakari Mohammed, yesterday, faulted media reports that he orchestrated the recent power outage at the sitting of the CCT during the trial of Saraki.
The lawmaker, in a statement, described the publication as not only false but also outright balderdash, sheer rubbish and a deliberate attempt to tarnish his hard-earned reputation.
Mohammed, who is a member of the APC from Kwara State, wondered why he should be blamed for the outage, even when it is commonly known that he has no stake in the nation’s power sector.
He said: “To set the records straight, I had no hands in the outage at the CCT. I have no relationship with any staff or technicians at the tribunal, which would have made me to influence the outage.
“I also do not work with or own shares in Abuja Electricity Distribution Company to have wielded contacts to disrupt power supply to the tribunal. I have never met with technicians in charge of the alternative source of power for the tribunal.”
A Federal High Court in Abuja has dismissed the suit filed by the Senate President, Dr. Bukola Saraki, to stop his trial on charges of false asset declaration before the Code of Conduct Tribunal in Abuja.
Bukola Saraki
Saraki had asked the court to quash the charges and nullify the proceedings before the CCT on the grounds that they were initiated in violation of his rights to fair hearing.
But in his judgment on Friday, Justice Abdukadir Abdu-Kafarati held that the suit, filed under the fundamental human rights enforcement rules, lacked jurisdiction to entertain it and that it constituted an abuse of court process.
The respondents to the suit include, Attorney-General of the Federation, Mr. Abubakar Malami (SAN), the Economic and Financial Crimes Commission, the Independent Corrupt Practices and other related offences Commission, and the Inspector General of Police, Mr. Solomon Arase.
Others are the Code of Conduct Bureau, the CCT; the CCT chairman, Umar; the second member of the CCT panel, Mr. Ataedzeagu Adza, CCB chairman, Mr. Sam Saba and the Director of Public Prosecutions of the Federal Ministry of Justice, Mr. Mohammed Diri.
The judge, who upheld the respondents’ preliminary objection to the suit without considering the merit of the case, ruled that the court lacked jurisdiction to entertain the suit as the prayers sought were not available under Chapter 4 (which deals with fundamental human rights) of the Constitution.
The judge also ruled that the suit constituted an abuse of court of process the Supreme Court having earlier validated his trial before the CCT and Saraki having filed similar application before the CCT.
The court ruled that granting the prayers sought by Saraki, would amount to interfering with the powers granted the respondents to investigate crimes and prosecute offenders.
He ruled, “A careful examination of the reliefs sought showed that if grant it will amount to interference with the powers of the respondents.
“The prayers are not captured under Chapter 4 of the Constitution.
“I cannot also do anything that will interfere with the powers of the respondents to prosecute crimes which the Constitution has given them the power to do.
“Since the apex court has ruled that the prosecution of the applicant before the Code of Conduct Tribunal is in order it is not appropriate for the respondents to approach this court to seek reliefs quashing the charges.”
The judge also ruled that the allegation of political humiliation on which the suit was anchored was merely a sentiment lacked legal basis.
The judge recalled that as of the time of hearing the suit, the applicant had filed an application before the CCT asking for similar prayers as contained in the suit.
“If I go ahead to grant the reliefs it will be in conflict with the decision of the Code of Conduct Tribunal,” the judge ruled.
In view of the above findings I hold that the court lacked jurisdiction to hear the suit because the reliefs are not available under Chapter 4 of the Constitution.
The judge ruled, “The originating motion constitutes an abuse of court process.
“The suit is liable to be dismissed and it is accordingly dismissed.”
Saraki, through his lawyer, Mr. Ajibola Oluyede, asked in the suit for an order halting his ongoing trial before the Code of Conduct Tribunal on 13 counts of false and anticipatory assets declaration.
The Senate President alleged in the suit that the charges preferred against him before the CCT infringed on his right to fair hearing.
He sought an order nullifying the charges and the proceedings of the CCT on the grounds that they allegedly fell short of the requirements of Article 3 of the African Charter on Human and Peoples Rights and Section 36 of the 1999 Constitution.
The Chairman of the Presidential Advisory Committee against Corruption, Prof. Itse Sagay (SAN), and human rights lawyer, Mr. Femi Falana (SAN), have condemned the move by the Senate to amend the law setting up the Code of Conduct Bureau and the Code of Conduct Tribunal, with a view to whittling down the agencies’ powers.
Femi Falana
The Senior Advocates of Nigeria said the commencement of the amendment of the Act, establishing the CCB and CCT by the Senate, had exposed the intention of the country’s legislators to encourage corrupt practices and shield corrupt leaders from prosecution.
The Senate, on Thursday, passed for second reading, a bill for to amend the CCB and Tribunal Act barely 48 hours after its presentation by the sponsor, Senator Peter Nwaoboshi, (Peoples Democratic Party, Delta North), on the floor of the upper chamber.
It has also set Tuesday next week to begin deliberation on another bill meant to amend the Administration of Criminal Justice Act that will remove the powers of the CCT to try criminal cases.
Both bills were presented on the floor of the upper chamber and read for the first time on Tuesday.
Some observers wondered if the rush to pass the bill to amend the CCB Act was not a ploy by the red chamber to frustrate the current trial of the Senate President, Bukola Saraki, at the CCT.
The Senate President is facing criminal prosecution for alleged false and anticipatory asset declaration during his tenure as the Kwara State governor between 2003 and 2011.
Saraki had instituted serial suits at the Federal High Court in Abuja, where he had challenged the constitution of the CCT to try his case.
He also instituted a suit challenging the jurisdiction of the CCT to try him.
The Senate President pursued the suits to the Supreme Court but lost.
Another of his suits seeks to stop his trial before the CCT on the basis that the trial violated his fundamental human rights.
The court has fixed Friday (today) to deliver judgment on the case.
But Sagay said the move by the senators had exposed the level of lack of moral integrity on the part of the members of the red chamber.
Sagay stated, “It’s a surprise to me, because I really don’t know that our mentality has degenerated to such a level of self-service that the people, who were sent to the National Assembly to make laws for the benefit of all Nigerians, have started a process that will allow a complete crisis; an Act that corruption cannot be prosecuted.
“To me, this is the highest level of shameless misconduct by the generality of the members of the red chamber. Obviously, there is no limit to the level of disgusting things they can do.”
Falana, in his reaction on Thursday, described the proposed amendment of the CCB/T Act and the ACJ Act as an ill wind that would blow no good to those behind it.
Speaking with one of our correspondents on the telephone, Falana said the proposed amendment amounted to a conflict of interest because it was being proposed because of one man.
He, however, pointed out that even if the amendment succeeded, by virtue of the provisions of the constitution, it would not have a retroactive effect, adding that it would not have any effect on cases already pending in court.
Falana said, “Any amendment of the law under the constitution cannot and will not have retrospective effect. The amendment will not have any effect on pending cases in court.
“The excuse being advanced for the devilish agenda is jejune because the CCT, whose members are screened for appointment by the Senate, cannot be said to be under the office of the Secretary to the Government of the Federation.
“The proposed amendment also amounts to a conflict of interest because you cannot, because of one man, amend the law of the land. It will amount to an exercise in futility.”
Another SAN, Mr. Kunle Ogunba, believed it was doubtful that the Senate would want to take such a step, especially in view of the public outcry against corruption in the country.
Ogunba, who said having not seen the provisions of the said bill, he could not give a detailed response, doubted whether any amendment to the CCT Act could affect a trial that was already ongoing before the CCT.
Ogunba said, “Well, I have not seen the provisions (of the bill) and I don’t know if it will have a retroactive effect to the extent that it will affect a case that is already instituted and ongoing.
“For me, it is still a subject of speculation. And I don’t think that the Senate, in view of the outcry that has attended the ongoing trial of the Senate President, will do anything that will further enmesh that august institution in further controversy by passing a law to undermine or terminate the proceedings.
“But if it is true, it is very condemnable.”
In his lead debate, Nwaoboshi said the Act, promulgated in 1989, came into operation in 1991 based on the provisions of the 1979 Constitution.
He explained that the Act captured in the 1999 Constitution had two schedules, dealing extensively with the Code of Conduct for Public Officers.
The Bureau, he said, was vested with power to receive declarations by public officers made under paragraph 12 of Part 1 of the Fifth Schedule of the Constitution and examine the declarations in accordance with the requirements of the code of conduct or any law.
He stated that the CCB was empowered to retain custody of such declarations and make them available for inspection by citizens of Nigeria on such terms and conditions as the National Assembly might prescribe.
Nwaoboshi added that the bureau was meant to ensure compliance with, and where appropriate, enforce the provisions of the Code of Conduct of any law relating to it and receive complaints about non-compliance with or breach of the provisions of the CCB.
He, however, said he was proposing an amendment to Section three of the CCB and Tribunal Act to give every public officer appearing before the Bureau fair hearing as provided for under Section 36 (2)(a) of the CFRN 1999.
The section, he said, “provides for an opportunity for the person whose rights and obligations may be affected to make representations to the administering authority before that authority makes the decision affecting that person”.
Nwaoboshi said, “In my proposed amendment, the section now looks like this; “The functions of the Bureau shall be to – (a) receive asset declarations by officers in accordance with the provisions of this Act; and (b) take and retain custody of such asset declarations.
“It shall examine the asset declarations and ensure that they comply with the requirements of this Act and of any law for the time being in force if otherwise the Bureau shall invite the public officer concerned and take down his statement in writing.
“It shall receive complaints about non-compliance with or breach of this Act and where the Bureau, having regard to any statement taken or to be taken after such subsequent complaint is made, considers it necessary to do so.
“It shall investigate the complaint and where appropriate, refer such complaints to the Code of Conduct Tribunal established by Section 20 of this Act and the constitution in accordance with the provisions of sections 20 to 25 of this Act.
“From the above, it is clear that sub-section 3(a) has been retained while sub-section 3(c) now becomes sub-section 3(b) and sub-sections 3(c) and (3d) have been altered to give fair hearing, equity and justice to every public officer that is invited to appear before the Bureau in line with the constitutional provision as enumerated above.
“Paragraph 17 of the Third Schedule to the Principal Act is amended by completely deleting same.
“This is because if you look at the caption of the Act, after Code of Conduct Bureau and Tribunal Act, it reads, “An Act to provide for the establishment of the Code of Conduct Bureau and Tribunal to deal with complaints of Corruption by Public Servants for breach of its provisions.
“It is clear that the Act does not contemplate criminal trial so the usage of Criminal Procedure Act and the Criminal Procedure Code should not be used as a procedural template in the Tribunal.”
The senator pledged to present to the Senate, in due course, a comprehensive amendment of the Third Schedule to the Code of Conduct Bureau and Tribunal Rules of procedure which should be the Distinct Rules for proceedings in the CCT.
Senators Dino Melaye, Barau Jubrin, Samuel Anyanwu, Biodun Olujimi, Buka Abba Ibrahim and Ibrahim Gobir, who contributed to the debate, described it as a welcome development, saying the bill deserved the support of all senators.
But the Senator representing Kebbi North, Yahaya Abdullahi, cautioned his colleagues against the passage of the bill at the time when Saraki was facing trial before the CCT.
Abdullahi said, “I just rise to raise a point of caution. I have read and gone through the areas where the amendments are sought and I am not against it, but what I have against is the timing.
“We must be ready on the issue of public perception about the position of the Senate in this regard.
“Perception can be reality, the Nigerian people can easily interprete the action we are taking today to mean that for all these years, a decree, which became law since 1991, is not being challenged until today because our principal officer is standing trial before the same tribunal.
“I think for the credibility of this Senate, I think we should re-examine whether the timing is right for this bill to go through the second reading or not.”
But the Deputy Senate President, Ike Ekweremadu, who presided over the plenary, ruled out the observation of Abdullahi, arguing that the bill was not meant to frustrate Saraki’s trial at the CCT.
Ekweremadu said, “Let me just say that this bill absolutely has nothing to do with the proceedings going on at the Code of Conduct Tribunal in which the Senate President is involved because his trial has commenced as you are aware.
“If you look at the commencement of the bill of the last paragraph, of course, on the bill which says ‘this bill may be sighted as a code of conduct bureau tribunal Act amendment bill, 2016’.
“That means that the bill is not being made retrospective as to affect the proceedings at the code of conduct tribunal; certainly it has nothing to do with it. We are only doing our work as parliamentarians.”
The senators voted in support of the passage of the bill for the second reading and Ekweremadu referred the bill to the committees on Public Petitions and Judiciary and asked them to report back in two weeks.
Investigations by our correspondent revealed that the bill would eventually be passed in the next two weeks and transmitted to President Muhammadu Buhari for assent.
The Senate is also set to begin deliberation on the bill to amend the Administration of Criminal Justice Act 2015, with a provision to strip the CCT and courts martial and other tribunals in the country.
The bill, sponsored by Senator Isa Misau, and read for the first time on Tuesday, had been slated for deliberation next week Tuesday.
The Senate President, Dr. Bukola Saraki, says he has lost count of the records of charges of false asset declaration instituted against him before the Code of Conduct Tribunal.
Bukola Saraki
He also said facts about the charges were no longer fresh in his memory because they bordered on offences which he was accused of committing between five to 14 years ago.
Saraki stated this in an affidavit, which he personally deposed to in support of his fresh application seeking the quashing of the charges against him at the CCT and discharging him of the alleged offences.
“The facts relating to these matters are no longer fresh in my memory quite apart from the fact that I have lost many of my records pertaining to them,” he stated in the affidavit.
Saraki’s fresh application, which was dated and filed on March 4, 2016, seeks to halt his trial that had been validated by the Supreme Court through its judgement delivered on February 5, 2016.
He was arraigned on 13 counts of false asset declaration before the CCT on September 22, 2015.
A seven-man panel of the Supreme Court, led by the Chief Justice of Nigeria, Justice Mahmud Mohammed, had in its judgement, dismissed Saraki’s objection to his trial.
The apex court, in the said judgement, affirmed the competence of the 13 counts filed against him and the jurisdiction of the tribunal to hear the case.
In the charges instituted by the Federal Government, Saraki was accused of making false asset declaration in his forms submitted to the Code of Conduct Bureau on assuming office and leaving during his two terms as Governor of Kwara State between 2003 and 2011.
The Senate President, who was said to have submitted four asset declaration forms, allegedly “corruptly acquired many properties while in office as Governor of Kwara State, but failed to declare some of them in the said forms earlier filled and submitted.”
He also allegedly made an anticipatory declaration of assets upon his assumption of office as governor, which he later acquired.
Saraki was also accused of sending money abroad for the purchase of property in London and maintaining an account outside Nigeria while serving as governor.
But in his fresh application, Saraki said the charges were not in the interest of justice, but politically motivated and filed in violation of due process as well as his right to fair hearing.
He also stated that the charges could not be valid since they were filed in the name of the Attorney-General of the Federation.
He said he was denied fair hearing as neither the CCB nor the Attorney-General of the Federation confronted him with any infraction in the four assets declaration forms.
He said he declared his assets first on assuming office as Governor of Kwara State in 2003 and on completing his term in 2011.
He said he subsequently made another asset declaration and submitted the form to the CCB upon his reelection in 2007 and on ending his second term in 2011.
He said had he been informed of any inconsistencies in his asset declaration forms, he would have corrected them.
He said, “I am not aware of any petitions challenging my declarations, and the bureau (CCB) has never drawn my attention to any. I would promptly have corrected or explained (the reason for) any alleged discrepancies or inconsistencies in my asset declaration had my attention been drawn to them.”
His prayers in the application include, “An order quashing and/or striking out the charges contained in Charge No: CCT/ABJ/01/2015 by the complainant/respondent against the applicant.
“An order pursuant to Paragraph 1 above, discharging the defendant/applicant herein.”
Saraki’s new lead counsel, Mr. Kanu Agabi (SAN), who led five other Senior Advocates of Nigeria and about 60 other lawyers in the Senate President’s legal team on Friday, is also challenging the jurisdiction of the tribunal to entertain the case against his client.
Saraki’s trial, scheduled to commence on Thursday, following the judgement of the Supreme Court validating it, was stalled on Friday.
The trial was stalled after Agabi introduced his client’s fresh application and insisted that it must be heard before the matter could continue.
But the lead prosecuting counsel, Mr. Rotimi Jacobs (SAN), described the motion as “a deliberate attempt to stop the trial from going on.”
“The defendant keeps saying that there is no case against him and that he is being persecuted; why doesn’t he let the trial start so that the whole world can see the persecution?” Jacobs asked.
The prosecutor, who said he had not been served with the motion, insisted that by virtue of the judgement of the Supreme Court delivered on February 5, which validated the trial, the day’s business was for the prosecution to open its case.
Senate President, Dr. Bukola Saraki, on Friday described his trial at the Code of Conduct Tribunal as an act of persecution rather than a fight against corruption, saying he would not resign from his position because of it.
Saraki said this while delivering the keynote address at the StateCraft Masterclass series held during the Social Media Week in Lagos.
Bukola Saraki
The Senate President is standing trial for a 13-count corruption charge including an allegation that he made false declaration of assets on assumption of office as Governor of Kwara State in 2003.
Saraki, according to a statement by his Special Assistant on New Media, Mr. Bankole Omishore, however, said his trial was the handiwork of powerful people who were not happy with his emergence as Senate President.
He said, “We are public servants and you must fill your asset declaration form when you get in office and I did mine 13 years ago.
“The charges have nothing to do with corruption or money being stolen anywhere. I will have my day in court to prove my innocence of the charge pending against me because it is not about corruption.
“I don’t understand how the same organisation that cleared my asset declaration to be proper in 2004, 2009 and 2011 can now say that my record is faulted.”
He, however, did not mention the names of the persons said to be persecuting him.
Saraki also emphasised the growing influence of social media users in Nigeria’s political environment.
The Senate President encouraged the audience to continue to contribute to the development of Nigeria through their dialogue and debate on social media.
He said, “Without the involvement of social media, there is no way that we would have moved (away) from a non-performing government because now everything is out in the open unlike years ago.”
Saraki commended the online community, which he described as the real ‘Chairmen of INEC,’ for sourcing election results from polling stations during the general elections and ensuring that the manipulation of vote counts.
He said, “It is really thanks to social media that votes counted because you shared the results as they happened.”
The Frivolous Petitions Bill, sponsored by the Deputy Senate Leader, Bala Ibn Na’Allah, passed second reading on the floor of both chambers of the National Assembly in December last year while the Senate had fixed March this year for the public hearing.
The Senate President also at the event announced that the National Assembly would be more open in its accounts.
Saraki called for continued cooperation and conversation between the government and the public via the social media, and noted that the recent National Assembly Interactive session with Civil Society Organisations was a huge success.
The Senate President, according to him, through the aid of fifth columnists, had been shouting at different times that the budget was missing, doctored or padded, hence, could no longer be passed as earlier planned.
Bukola Saraki
He said, “Honestly speaking, if I am to comment on the controversy that has been trailing the 2016 budget in the Senate, I will say it is all the work of the fifth columnists there.
“We woke up one day and the Senate President just came and said there was no budget and that the budget was stolen, thereby embarrassing everybody. But the following day, the Speaker said his own was not stolen.
“Next, they said the budget is doctored; next, they said the budget is padded; next, they said there are discrepancies all over the place. We knew how they came into the leadership of the National Assembly or the Senate.
“Was it a coincidence that the issue of padding and everything just came up after the Supreme Court said go and face your trial?
“Suddenly, we started hearing that we cannot pass the budget as we promised, because there are discrepancies and so on and so forth.
“In a nutshell, all the noise about the budget is all about this issue of corruption trial or CCT trial. That is all; no more, no less.”
Marafa insisted that nobody in the Senate could suspend him over the interview he granted and published in the Sunday PUNCH edition of February 7, having read the contents several times and became convinced that he did nothing wrong.
He said, “Nobody, I repeat, nobody in that Senate, can suspend me over those remarks I made in the said interview. Rather, it is the Senate President, Bukola Saraki, that should be suspended by the Senate for turning things upside down within the last eight months.
“He started with the forgery of Standing Orders to illegally increase the number of standing committees in the Senate from 57 to 65 with attendant violation of ranking rules in their compositions.
“Above all, the Senate President should be suspended for refusing to resign as the Senate President in the face of trial on corruption charges at the Code of Conduct Tribunal and invariably battering the image of the Senate.
“… the constitution of the Federal Republic of Nigeria gives us the right to say our opinion. We can air our views and nobody can deny us that one.”
Marafa, again, pledged to make himself available before the Senate Ethics Committee whenever he was invited because of his respect for the Senate as an institution.
He added that the committee actually invited him to appear before it last week Thursday but that he could not make it because he was in Kaduna to commiserate with his friend, Senator Suleiman Hunkuyi, who lost his mother.
He, however, pledged to surprise members of the committee whenever he appears before them that he was ready to catalogue all the misdeeds perpetrated within the last eight months in the Senate under the leadership of Saraki.
The Special Adviser to the Senate President on Media and Publicity, Alhaji Yusuph Olaniyonu, when confronted with the allegations against his principal by Marafa, promised to get back to our correspondent.
Later when he responded he told our correspondent that one of the senators loyal to Saraki would issue a statement on the matter on behalf of the Senate President.
Consequently, Senator Rafiu Ibrahim, a Saraki loyalist issued a statement where he urged Marafa to stop creating distractions with frivolous allegations but should rather go and defend himself before the ethics committee currently investigating him.
The Senator, who is representing Kwara South Senatorial District, in the statement wondered why it was only Marafa out of the 109 senators in the red chamber, that had been attacking the Senate as an institution and his fellow senators.
He said, “There is something wrong about the fact that out of 109 senators, Senator Marafa is standing alone abusing everybody, perhaps to continue to get relevance.
“Like he is always advising others to do, he should go and defend himself before the Senate Committee on Ethics and Privileges and stop creating distractions.”
Ibrahim, who is also the Chairman, Senate Committee on Banking, Insurance and Other Financial Institutions, said he would not take issue with Marafa who is billed to appear before the Ethics panel on issues bordering on ethics, decorum and uttering of unguarded statements unbecoming of a distinguished senator.
Members of the Senate met separately at various caucus levels on Monday to discuss the fate of Senate President Bukola Saraki, who is to resume his trial at the Code of Conduct Tribunal over alleged false declaration of assets.
It was gathered that the lawmakers discussed the issues peculiar to their interest, especially the likely effect of the trial of Saraki at the CCT.
The Supreme Court had on February 5 ruled that Saraki should face his trial over false asset declaration.
There are fears among senators, who resume plenary on Tuesday (today), which they suspended two weeks ago, that there could be another move to challenge Saraki’s leadership at the Senate over his trial.
It is further feared that Saraki and his deputy, Ike Ekweremadu, may be removed if they are found guilty by the CCT.
Investigations by one of our correspondents revealed that the Peoples Democratic Party caucus in the upper chamber met in the house of one of their leaders and resolved to support the Saraki/Ekweremadu joint ticket.
A PDP senator, who craved anonymity, told one of our correspondents on Monday that his colleagues had agreed to maintain decorum in case the All Progressives Congress Senators, who are against Saraki’s leadership, decide to create any scene on the floor today.
The Senator from the South-East geopolitical zone, said, “As members of the opposition, we are ready to pass another vote of confidence in Saraki because he is truly a stabilising factor in the nation’s legislature.
“He commands a lot of respect among majority of members. He is accessible and he carries everyone along, not minding your political party or group affiliation within the Senate.
“So, as PDP senators, we believe that the Senate President should be given the benefit of the doubt as he pleads his case before the tribunal.”
However, one of our correspondents learnt that the Senate Unity Forum, the group that pushed for the emergence of Senator Ahmad Lawan and George Akume as Senate President and deputy respectively, also held another marathon meeting at an undisclosed location on Monday.
None of the members spoke on record but one of them from the South-West said they met to perfect their strategy to produce the next Senate President in case Saraki was indicted at the court.
The lawmaker added, “We have been meeting as members and strategising on an individual basis. I can assure you that we have our game plan, which we will keep to ourselves.”
Asked whether the nation should expect a rowdy or stormy session during plenary today, the Senator said, “We are senior citizens, we can’t fight on the floor. We are already winning the battle; very soon, you will see us in action.”
The leadership of the Senate was also said to have engaged in another round of strategic meetings on Monday, which allegedly led to an emergency meeting between the Senate Leader, Ali Ndume, and President Muhammadu Buhari at Aso Villa.
But Ndume told journalists in his office that his visit to the Villa on Monday had nothing to do with Saraki’s case as he ruled out a possible rowdy session during plenary on Tuesday (today).
He said, “I have been a friend of President Buhari for a long time and had continued to visit him and will not relent. As the Leader of the Senate, there are lots of consultations that are necessary between the executive and the legislature.
“I am happy to be seen or called a mediator: I am the Senate Leader and we do consultations, I go to do consultation and we should be doing that more often. When the President was in Kaduna on retirement, I was one of the few persons who would go to visit him; so this time round, it will not change.”
Ndume had, last Tuesday, met with Vice President Yemi Osinbajo alongside some of his colleagues while Buhari was on vacation.
SUNDAY PUNCH had reported exclusively that the visit of Ndume and his delegation to Osinbajo was part of the ways the embattled Senate President was seeking the Presidency’s intervention in his case before the Code of Conduct Tribunal over alleged false declaration of assets.
He, however, told State House correspondents at the end of his meeting with Buhari on Monday that he was at the Presidential Villa to consult with the President ahead of Tuesday’s resumption of the Senate.
He said there was nothing unusual about his visit except that he had been embarking on similar visits in the nights.
Ndume said, “I hope you people know that I am the Senate Leader and this is an APC (All Progressives Congress) government. So if the Senate Leader comes to see the Vice President or the President in the Villa, is it supposed to be a surprise?
“I guess it is because most often, I come in the night but this time, I came in the afternoon and it becomes very strange.
“There are issues that are really on the ground. One is the budget. We also have two bills before the Senate that we need to start working on when we resume tomorrow: the Money Laundering Bill and the Criminal Information Sharing Bill.
“There are issues other than those ones that are really on the ground. This is how we are supposed to be doing it earlier. That is, coming to the Villa to consult and guide the proceedings in the Senate appropriately.
“Other than that, I don’t want you to see it as an unusual visit. I will be doing this often because this is how it is supposed to be.
“Again, I was consulting the President on a personal basis long before he became the President, so it is not unusual.”
When he was asked to comment on the report that he was serving as an intermediary between Saraki and the President, Ndume said, “I am not the Senate President. The question should be directed to the Senate President.”
When probed further, the Senate Leader said, “You are asking me what I do not know. I consult and if I have to mediate on anything, there should be a problem. I do not know of any problem.”
Senate President Bukola Saraki has made fresh moves to reach out to President Muhammadu Buhari and the National Leader of the All Progressives Congress, Asiwaju Bola Tinubu, following the Supreme Court judgment on his trial at the Code of Conduct Tribunal.
Bukola Saraki
The Supreme Court had on February 5 ruled that Saraki’s trial should continue at the CCT. The apex court had affirmed the propriety of Saraki’s trial at the CCT on 13 counts of false asset declaration.
In the 13 counts initiated by the Federal Government, Saraki was said to have made false asset declaration in his forms at the Code of Conduct Bureau as a two-term governor of Kwara State.
The CCT had on Friday said Saraki’s trial would resume on March 10.
It was reliably gathered that since February 5, Saraki had been making moves to indirectly reach out to Buhari and Tinubu.
A top government source, who confided in SUNDAY PUNCH, said Saraki could not reach out directly to Buhari on the matter because he knew the President’s disposition to such issues.
The source, who spoke on condition of anonymity, added that the Senate President resorted to sending emissaries to Vice-President Yemi Osinbajo when Buhari was on a six-day vacation and Osinbajo was the acting President.
The delegation was reportedly led by the Senate Leader, Ali Ndume.
The source said the Vice-President made his position and that of the President clear to Saraki’s emissaries.
He said, “Saraki knows the kind of person the President is and I think he won’t approach him directly on this matter.
“But yes, I can tell you that he is reaching out indirectly.
“He sent emissaries to meet with the Vice-President when the President was on vacation and the Vice-President was on the chair in acting capacity.
“The emissaries had met with the Vice-President under the cover of the developments about the 2016 budget.
“In the process, they put the issue of Saraki forward.
“Vice-President Yemi Osinbajo, however, made it equivocally clear to them that the two issues could not be mixed. He told them that the issue of the budget was different from the trial of Saraki.”
Ndume had on Tuesday led some of his colleagues, including Dino Melaye, Abdullahi Adamu and Monsurat Sumonu to meet Osinbajo at the Presidential Villa, Abuja.
At the end of the closed-door session, Ndume told State House correspondents that the meeting reviewed some developments in the polity, including the issue of the 2016 budget currently before the National Assembly.
While saying that it would not be a new thing if people read meanings into their visit, Ndume had claimed that his delegation did not discuss Saraki’s travails with the Vice-President.
He was however quick to rise in support of the Senate President when his opinion was sought on the calls by his colleagues in the Unity Forum that Saraki should resign.
“Are you saying that the Senate President should be convicted before the trial? In our constitution, you are considered innocent until proven guilty,” he had said.
For Tinubu, it was gathered that Saraki had reached out to not less than 10 opinion leaders and clerics to visit the APC leader at his home in Bourdillon, Ikoyi, Lagos.
Saraki and Tinubu fell out in June last year when he defied the directive of the APC and became the Senate President under controversial circumstances.
The Senate President further ensured that Tinubu’s preferred candidates were denied principal offices at the Senate.
The former governor of Lagos State subsequently broke all communication with Saraki, describing him in an open letter as an ‘indisciplined and disloyal man who is a member of the Peoples Democratic Party in soul.’
Another reliable source told one of our correspondents that Tinubu was not interested in Saraki’s latest peace moves.
He said, “Access from Saraki’s camp has been blocked. Tinubu has been disappointed in every way. It was the party that picked Ahmed Lawan. He was not Tinubu’s initial candidate but he did it all the same.
“So, he has decided to (wash his) hands and will not say a word again regarding Saraki.
“Efforts have intensified since Saraki’s recent CCT trouble but Tinubu has been out of the country. He has been in Guinea for the last five days.
“We have been informed that Saraki is working with a team of people in Ilorin that will storm Lagos. Top leaders there including Muslim clerics are being put together to visit Lagos and mediate on his behalf but Tinubu is not interested.”
He added, “There is no deal to be made anymore. Saraki never conceded anything. He did not give any of our people any principal position. He then went ahead to increase the number of Senate committees by fiat just to placate those that have been following him to court.
“Every concession was denied. The approval of ministers had nothing to do with Tinubu. It was purely between him and President Muhammadu Buhari.
“Tinubu has moved on. He has been visiting African countries, supporting other democracies in West Africa.”
“Saraki should go and get good lawyers. As you can see, attempts to remove the CCT chairman did not work. Attempts to stop the trial at the Supreme Court have also failed.”
All attempts to reach the spokesperson for Tinubu, Mr. Sunday Dare, proved abortive as he did not respond to repeated telephone calls.
Saraki meets Buhari regularly — Aide
When contacted, the Special Adviser to the Senate President on Media and Publicity, Mr. Yusuf Olaniyonu, said on Saturday that his principal had been having regular meetings with the President in recent times on national issues.
Olaniyonu, who spoke with one of our correspondents on telephone cited the most recent when both leaders jointly hosted the German President at the Aso Rock villa on Thursday night.
Saraki’s spokesperson however, said the regular parleys between Saraki and Buhari were purely on issues of national interest.
He said, “These two gentlemen hold two critical arms of government and they need to meet regularly to discuss issues of national importance.
“The issue of budget is there, insurgency and the economy generally. How can anybody think the Senate President will be seeking audience with the President on the issue of the CCT when there are serious national issues calling for attention?”
When asked if Saraki would reach out to the President, Olaniyonu said, “No comment.”
Before his recent moves to reach out to the President and Tinubu, Saraki had been facing renewed opposition from the Senate Unity Forum led by Senator Ahmed Lawan.
Lawan was supported for the senate presidency by the APC leaders and some party senators, while Saraki got the backing of all Peoples Democratic Party senators and some APC senators to emerge as senate president last year. Last week, the Lawan faction regrouped in a bid to force Saraki to resign.
As Nigerians await both the resumption of plenary at the senate next week and the full commencement of the trial of Senate President, Dr. Bukola Saraki, at the Code of Conduct Tribunal, any moment from now, SUNDAY ABORISADE reports that uneasy calm pervades the atmosphere at the upper chamber of the nation’s federal parliament.
Bukola Saraki
The Supreme Court verdict of last week Friday which gave a nod to the trial of Senate President, Dr. Bukola Saraki, at the Code of Conduct Tribunal, for allegedly declaring on oath, assets he had yet to acquire as of the time he was sworn-in as the Governor of Kwara State in 2003, has heightened tension and anxiety among members of the red chamber.
The development took everyone by surprise, coming especially at a time when all hands seemed to be on the deck at the upper chamber with all the 65 committees chaired by both loyalists of the senate president and those who are opposed to his leadership, have started carrying on legislative activities in an atmosphere of peace and harmony, putting behind them the leadership crisis that rocked the chamber at inauguration.
Indications that Saraki had fully established himself among his colleagues manifested when no fewer than 83 out of the 109 senators passed a vote of confidence in him in July last year following his prosecution at the CCT.
Some of his loyalists across the All Progressives Congress and the Peoples Democratic Party in the chamber openly mobilised themselves to the court in solidarity and pledged their loyalty.
The Anti-Saraki senators, under the aegis of the Senate Unity Forum, cried foul at the decision of Saraki to continue to preside over the chamber instead of resigning his position on moral grounds having been docked by the tribunal for alleged criminal act.
An attempt by the spokesperson for the SUF, Senator Kabir Marafa, to raise a point of order on the floor on the issue was frustrated by Saraki, who used the gavel to rule him out of order on the grounds that any matter pending before a court of law could not be subjected to a debate on the floor.
Saraki’s Like Minds Senators thereafter appeared to be winning the game of supremacy between them and the SUF, as most of the arrow heads of the “Ahmad Lawan for Senate President” group were appointed as chairmen of “juicy committees”, a development which drastically reduced their attacks and opposition to Saraki’s senate presidency.
The last straw which seemed to have broken the camel’s back, however, was during the screening of the ministerial nominees contained in two separate list forwarded to the Senate by President Muhammadu Buhari. Both the like minds senators and their colleagues in the SUF closed ranks and worked closely to ensure that all the candidates were cleared despite opposition from the PDP senators against some cases.
Saraki consolidated the stability of the chamber which he achieved during the ministerial nominees’ screening exercise when all the SUF members he appointed into key committees as either chairmen or members gladly grabbed the posts with the exception of Marafa who turned down the chairmanship of the committee on National Identity and National Population allocated to him.
Many observers therefore saw the verdict of the Supreme Court as an anticlimax coming at a time when membership of the SUF had suffered a great depletion with only a handful of them appeared to still be showing strong commitment to the struggle as others had started identifying with the Saraki’s leadership.
Investigations by our correspondent revealed that the SUF had stopped holding regular meetings for a very long time before the apex court ruling which gave the members a ray of hope that their ambition might be realised after all if Saraki should lose his case at the court.
Further checks also revealed that the SUF had now regrouped and are perfecting strategies to draw local and international attention to the implication of Saraki still presiding over the affairs of the senate while facing criminal prosecution.
Some members of the group confided in our correspondent that they would not create any scene on the floor because the issue of removing Saraki as the senate president would be an uphill task since majority of the senators were of the view that the man is presumed innocent until otherwise decided by a competent court of law.
However, Marafa, who spoke with our correspondent after the verdict of the apex court last Friday, demanded the immediate resignation of the senate president to enable him to concentrate on his trial at the Code of Conduct Tribunal.
He nevertheless explained that Saraki was free to return as a presiding officer after his case at the CCT. Marafa noted that the image of the Senate and the entire senators of the Federal Republic of Nigeria would continue to be battered in the public view if Saraki continues to preside over the affairs of the red chamber while answering criminal charges at the courts.
Marafa said, “We really pity the Senator Bukola Saraki, but I think this issue has dragged for too long. We have indulged him thus far because we believe that he is presumed innocent until otherwise decided by a competent court of law.
“Now that the Supreme Court has decided that he has a case to answer, I think that the best thing for Senator Saraki is to resign in order to face his trial.
“He could, however, return and contest as a presiding officer in the chamber if he is declared innocent by the court, but at the moment, the leadership of the senate should ask him to step aside.
“At the moment, the image of the senate does not worth anything in the eyes of Nigerians because of the attitude of its president, who ordinarily should have resigned in a sane clime.
“However, if the senate president refuses to resign and neither the leadership nor the entire senate mount any pressure on him to do so, then we will call on Nigerians to recall all their representatives in the senate because we have failed in our responsibilities.
“We have tried for him enough. We can no longer wait and watch someone who is answering criminal cases in court come out of the dock always to preside over the affairs of the senate.”
However, the Chairman, Senate Committee on Ethics, Privileges and Public Petitions, Senator Samuel Anyanwu, who moved the motion which led to the vote of confidence passed in Saraki last year, said that calls for Saraki’s resignation at this stage was uncalled for.
Anyanwu, a member of the opposition Peoples Democratic Party, told our correspondent that the issue of factions among members of the senate ended when over 80 senators across the two main political parties in the red chamber passed a vote of confidence in the senate president.
Likewise, some senators across the two main political parties in the upper chamber expressed divergent opinions on the calls for the resignation of Saraki.
A good number of the lawmakers believed that Saraki should have resigned while others asked him to stay on until his fate would have been decided by the CCT.
For instance, the Chairman, Senate Committee on Science and Technology, Senator Robert Boroffice, said he would have resigned if he were in Saraki’s shoes in order to save the image and integrity of the senate.
He said, “My position is not personal. I have nothing personal against the senate president but what I am saying is that if the matter had happened in advanced countries and if I was in his shoes at the moment, I would have resigned”
Boroffice, however, urged his colleagues to approach the matter with caution by allowing justice to take its course, adding that the country could not afford any major crisis in the senate.
But the Chairman, Senate Committee on Banking, Insurance and Other Financial Institutions, Senator Rafiu Ibrahim, said calls for Saraki’s resignation were unnecessary.
He said, “Let me be quoted unequivocally that the senate president enjoys a stronger support in the National Assembly. Whoever, in his or her dream, thinks there is a way to call for his resignation should understand that such dream can never come true by blackmail but the channel of the Senate Chamber.
“We shall continue to respect the rule of law and the constitution of our country. On the heels of these, we are very hopeful that the senate president would come out of these politically-motivated controversies innocent and victorious.”
Ibrahim said his interaction with senators indicated that their solidarity with Saraki remains stronger than ever.
He said, “We cannot deny to have heard of some renewed hallucinations in the media trailing the ruling by the Supreme Court. Let me state in clearer terms, immediately, that our colleagues remain firm in their support for the Senate President.
“From what we have experienced in the 8th Senate particularly the leadership and the concord pattern it has drawn among its members, it is not hidden from Nigerians that Saraki is loved beyond imaginations.
“Not just that, his leadership remains the centre of unity in the senate. It must be noted that the rapid feats of the present legislature is not disconnected from the innovative ideas introduced by Saraki which has always received a warm welcome and support from the well-meaning members of the eight Senate.
“As a member of the Senate and a true Nigerian, I’m no way surprised to see comments accredited to Senator Kabir Marafa of the ‘defunct’ Unity Forum. To me, those agitations reflect nothing but the mirage on the path of a man who is been taken for a jester on the floor of the eighth Senate.”
Other senators who spoke with our correspondent on the issue though on the condition of anonymity, expressed different opinions on the calls for his resignation.
For instance, a senator from the South-East said Saraki should be allowed to continue with his work since the case against him was a mere allegation while another from the North-East said he should step aside for now.
The incident, however, generated increased public discourse early in the week as both the SUF members and their colleagues in Saraki’s camp held separate meetings to strategise over the new development.
The senators rose from their meetings and threatened a showdown at the resumption of plenary next Tuesday if the issue of resignation was raised by any senator or group of senators.
Investigations by our correspondent revealed that the trouble started when some pro-Saraki senators held a meeting on Sunday evening and decided to issue a statement declaring the full support of the upper chamber for the embattled senate president.
The pro-Saraki senators incurred the wrath of their colleagues in the SUF, when the statement, signed by the Chairman, Senate Committee on Media and Public Affairs, Senator Sabi Abdullahi, indicated that it was the position of the entire members of the red chamber.
But a ranking senator from the South-West, who is also a strong member of the SUF, told our correspondent on the condition of anonymity that the press release did not represent the opinion of the senate.
The senator, who said the South West caucus would react officially at the appropriate time on the issue, accused the senate spokesperson of abuse of office as he was only expected to make public, the resolution of the senate taken at plenary by either simple majority or two-third majority.
The spokesperson for the SUF, Senator Kabir Marafa, expressed shock at the contents of the press statement.
He said, “In as much as I want the whole world to know that members of the SUF do not have any personal problem with the senate president, we believe that as lawmakers, we should respect the law. I am not aware of any meeting of senators where that decision was taken and we are not part of it.”
Another member of the SUF from the North-Central said the group would make its position known at the appropriate time.
He said, “We will definitely pass our message across to the senate using the normal channels. We will not join issues with anyone on the pages of newspapers.”
Senate President Bukola Saraki has expressed disappointment over the Supreme Court’s ruling on Friday, which dismissed his appeal to stop his trial at the Code of Conduct Tribunal (CCT), over alleged false assets declaration, while the Governor of Kwara State.
Bukola Saraki
Following the lead judgment taken by Justice Walter Samuel Onnoghen, which held that the CCT was properly constituted to exercise jurisdiction over Saraki’s trial, Saraki through his Special Adviser on (Media and Publicity), Yusuph Olaniyonu said “after listening to the ruling of the Supreme Court in the appeal he (Saraki) filed to challenge the process of arraigning him before the Code of Conduct Tribunal, he expresses disappointment over the Judgment of the apex court in the country on the six grounds of his appeal.
“He however, will like to put it on record that the facts of the substantial matter are not before the Supreme Court since the apex court was only invited to rule on some preliminary issues in the process of commencing the trial.
“The Senate President believes he will have his day in the court to prove his innocence of the charges preferred against him during the trial proper.
“Dr. Saraki will like to thank everyone who has expressed support for him from the beginning of the case. He assures everyone that at the end of the day truth will prevail and justice will be served.”
The Supreme Court has dismissed an appeal by the senate president, Bukola Saraki, against his trial for alleged corruption.
Bukola Saraki
Mr. Saraki is facing a 13-count charge of alleged asset declaration fraud.
The Code of Conduct Bureau said Mr. Saraki committed the offence, and maintained a foreign account, when he was governor of Kwara State.
The senate president said the charges were politically motivated, and challenged the powers and composition of the Code of Conduct Tribunal to hear the case.
He also asked the Court of Appeal to quash the charges.
Mr. Saraki later appealed to the Supreme Court after losing at the Court of Appeal.
In its ruling Friday, the Supreme Court affirmed the decision of the Appeal Court.
The highest court dismissed the appeal of Mr. Saraki against the composition of the Code of Conduct Tribunal and the powers of the tribunal, effectively ordering him to stand trial.
*Attorney General approves prosecution of Umar, removal from office
Soni Daniel, Northern Region Editor
The Presidency is in dilemma over what to do with the embattled Chairman of the Code of Conduct Tribunal, Justice Danladi Umar, who has been embroiled in a N10 million bribery scandal, forcing the two other members of the tribunal to refuse sitting with him.
Danladi Umar
The two other judges of the CCT, Robert Odu rtd and Agwaza Atedze had in a joint letter to former President Goodluck Jonathan and copied to the EFCC, drew the attention of the government to the N10 million bribery allegation made against Umar, saying that the issue had brought serious embarrassment to them and the tribunal.
“May we with respect, draw His Excellency’s attention to the allegation of N10 million bribe made against Justice Danladi Yakubu Umar, current chairman of Code of Conduct Tribunal, Abuja, which is being investigated by the EFCC”, they reportedly said.
This allegation has been widely reported in the media, besides embarrassing comments from legal practitioners who have been calling to express their disappointment over the shocking development, although investigation is yet to be concluded.
“We, the two members of the CCT and the entire staff are embarrassed and saddened by this allegation because a tribunal set up to check corruption should not be accused of being corrupt. This would not be in keeping with the transformation agenda of the administration.
“We are mindful of the fact that the Federal Government has zero tolerance policy for corruption, and this is the reason for the establishment of the CCT as one of the agencies to fight corruption in all its ramifications.
“It is our prayer therefore that this allegation will be looked into so that the tribunal can start sitting in the interest of litigants and their counsel,” the two members said in the letter dated April 4, 2014.
Sunday Vanguard investigations spanning weeks indicate that although the Presidency has been embarrassed by the gamut of evidence adduced by key government officials against Umar, it was however handicapped by the fact that the said man is handling the trial of persons suspected to be corrupt.
It was learnt that the Presidency was however carefully studying the bribery case against Umar so as to take a definite and prompt action that would not tarnish the image of the CCT and the administration.
Confusion is said to have become the lot of the Presidency as to whether to move against Umar based on the advice of the former Attorney General and Minister of Justice, Mohammed Adoke, to former President Jonathan, that Umar should be removed from office based on the scandal or to initiate a new probe of the bribery scandal.
Adoke was also said to have authorised the EFCC on June 25, 2014, to prosecute Umar and his PA based on the findings by the commission.
In the investigation carried out by the EFCC under its recently removed Chairman, Ibrahim Lamorde, Umar was alleged to have demanded and collected the sum of N1.8 million from one Rasheed Taiwo, a former Deputy Comptroller General of Customs, who was arraigned at the CCT over false declaration of assets.
To pave the way for the prosecution, EFCC crack investigators swopped on Zenith Bank, through which Taiwo allegedly paid the first tranche of N1.8 out of the N10 million to Umar through his PA, Gambo Abdullahi, and retrieved the cheque number and details of the transactions.
The Zenith Bank cheque for the amount of N1.8 million was issued by Taiwo Rasheed Owolabi on December 12, 2012 from his Bourdillon Branch on Awolowo Road, Ikoyi, Lagos, and received the same day by Gambo Abdullahi in his Usuma Branch, Maitama Abuja.
Evidence available to Sunday Vanguard also shows that with the payment of the N1.8 million into Abdullahi’s account, his balance in that account rose to N1, 900, 448, 41. The money was promptly withdrawn the same day by the Abdullahi, who told EFCC investigators that he handed over the cash to Umar by hand.
EFCC’s findings showed that Umar used his telephone number, 08033367814 to communicate with Taiwo whose phone number with which he established constant communication with the CCT chairman was given as 08074455022.
Based on the findings, the former EFCC chairman, in a memo dated June 24, 2014, and addressed to the Attorney General of the Federation, Adoke, said that it was obvious from their findings that the CCT chairman might have collected the said amount of money from Taiwo.
The agency said however that it was unable to carry out forensic analysis of the telephone number of Umar, since he insisted that he had since lost that phone.
Lamorde said: “We write to bring to the attention of the Honourable Attorney General to the case which was reported by one Mr. Rasheed Taiwo (DCG Rtd) of 6 A Milverton Road, Lagos, against the chairman of CCT, Justice Danladi Umar and his Personal Assistant, Gambo Abdullahi in December 2012.
“Available circumstantial evidence suggests that the Tribunal Chairman might have indeed demanded and collected money from the complainant through his PA. Efforts made to recover the telephone handset used by Justice Umar have proved abortive, as he claimed that he lost the handset in 2012.
“This has made it impossible to subject it to independent scientific analysis with a view to corroborating the allegation.
Justice Umar also admitted that he met privately with the complainant in his chamber of the CCT. This has since been considered most unethical and highly suspicious conduct on his part.
“There is a preponderance of overwhelming evidence to however prosecute Gambo Abdullahi, who could offer no coherent excuse for receiving N1.8 million into his salary account from Taiwo, who is an accused person standing trial at the CCT.
“The full money has been recovered from him in May 2014 and aptly registered as exhibit. The fact that he made two contradictory statements on the reason he was paid the money, is clearly an attempt to cover the reason the money was paid to him,” Lamorde concluded.
EFCC did not stop there.
The commission promptly raised a two-count charge against Dandali Umar and Ali Gambo Abdullahi. The charge sheet sighted by Sunday Vanguard, was signed by Andrew Akoja, of the Legal and Prosecution Unit of the EFCC.
Count one: “That you Danladi Yakubu Umar and Ali Gambo Abdullahi, being public officers in the CCT, Abuja, on or about December 2012 in Abuja, within the Judicial Division of the Honourable Court, did engage in culpable conspiracy to obtain the sum of N10 million from one Rasheed Taiwo Owolabi for a favour to be shown to him in connection with the discharge of your official duties and thereby committed an offence contrary to Section 26 (1) (c) of the ICPC Act 2000 and punishable under Section 10 (a) (11) of the same Act.
Count two: “That you Danladi Yakubu Umar and Ali Gambo Abdullahi, being public officers in the CCT, Abuja, on or about December 2012 in Abuja, within the Judicial Division of the Honourable Court, did engage in culpable conspiracy to obtain the sum of N10 million from one Rasheed Taiwo Owolabi for a favour to be shown to him in connection with the discharge of your official duties and thereby committed an offence contrary to Section 26 (1) (c) of the ICPC Act 2000 and punishable under Section 10 (a) (11) of the same Act.
Findings, however, showed that although the case file for the two accused persons was prepared since June 2014, it was not clear why the EFCC later dropped Umar’s name from the charge sheet and took only his PA to court, where the matter is still pending.
The EFCC has remained silent on Umar till date.
An EFCC source said last night that the commission would not comment on a matter that was before a court so as not to commit contempt.
An attempt by Sunday Vanguard to speak with the EFCC spokesman, Wilson Uwujaren, proved abortive at the weekend, since his lines indicated that they had been switched off.
It was however learnt that the lacuna that has kept Umar in office till date might not be unconnected with the provisions of the law, which make it impossible for the President to remove him from office without getting two thirds majority support from the National Assembly.
It was also leant that the National Judicial Council, NJC, whose opinion on the matter, was sought by the immediate past government, had said that they had no hand in removing him from office but that the EFCC should thoroughly investigate the bribery allegation against him and bring him to book.
In a four-page memorandum written by the former Chief Justice of Nigeria to the Presidency on the issue of Umar, Justice Aloma Marian Mukhtar, made it clear that since it is the President who has the power to appoint the CCT chairman, it is also the President who has the power to remove him from office with the approval of the NASS.
The former CJN who headed the NJC said: “The National Judicial Council, on the recommendation of the Federal Judicial Service Commission, has no power to either discipline or recommend removal from office of the Chairman of the CCT to the President. Hence, the reason why Council was unable to investigate the allegations levelled against Hon. Danladi Yakubu Umar, Chairman of the CCT.
“It is hereby advised that in consonance with the Rule of Law, which is one of the cardinal principles of this administration, the case before EFCC against Umar should be allowed to follow due process.
“Since Constitutionally the Chairman of the CCT is not a judicial officer, the power to discipline and remove him from office, lies with the Presidency, please,” Mukhtar wrote on May 26, 2014 to the Presidency, washing off her hands.
But Mohammed Adoke in another memo to President Jonathan dated May 7, 2015, asked the President to set in motion measures to get Umar removed from office.
Adoke said: “That under the constitution your Excellency may remove the chairman of the CCT upon an address supported by two thirds majority of each House of the National Assembly praying that the chairman of the CCT be so removed for inability to discharge the functions of the office in question on grounds of misconduct or for contravention of the law.
“I am of the humble opinion that the current state of affairs in which the CCT is unable to sit while the institution is increasingly diminished by a pall of suspicion, should not be allowed to fester as it will expose the institution to public ridicule and undermine this administration’s effort to combat corruption.
“IN the light of the foregoing therefore, Your Excellency may wish to initiate the necessary steps for the removal of the CCT chairman from office,” the former Attorney General wrote.
It was learnt that the Presidency might soon take action and reconstitute the CCT to be able to assist the government in its anti-graft war.
A source said the continued stay in office of Umar with the corruption scandal hanging in the air was giving the Buhari administration a serious cause for concern.
How soon action is taken to save the face of the new administration remains to be seen.
ABUJA – The Supreme Court, this morning, stayed further hearing on the 13-count criminal charge pending against the Senate President, Dr. Olubukola Saraki, before the Code of Conduct Tribunal, CCT.
Bukola Saraki
The apex court, in a ruling today, directed the Justice Danladi Umar-led tribunal to suspend the trial to enable it to hear and determine the substantive appeal that Saraki lodged before it.
This was even as the prosecuting counsel, Mr. Rotimi Jacobs, SAN, entered an undertaking before the apex court that “no unusual step will be taken by the federal government”, in relation to the matter.
In their ruling, a five-man panel of Justices of the Supreme Court led by Justices John Fabiyi, held: “It is imperative to state that all the parties, including the Code of Conduct Tribunal, should tarry a while to enable this court to determine the appeal before it.
“In effect, further proceeding at the CCT should be stayed pending the hearing of the appeal. Hearing date will be communicated to all the parties”, Justice Fabiyi ruled.
All the other members of the apex court panel also concurred with the lead ruling.
Saraki is in his appeal marked SC/852/2015, praying the apex court to invoke its powers and quash the 13-count criminal charge that was preferred against him by the federal government.
Besides, he wants the Supreme Court to set aside the judgement of the Abuja Division of the Court of Appeal which on October 30, gave the government the nod to open its case by call witnesses to testify against him.
In the appeal he filed through his team of lawyers led by Mr. J.B. Daudu, SAN, the embattled Senate President, applied for: “An order staying further proceedings in Charge No: CCT/ABJ/01/2015 between Federal Republic of Nigeria vs Dr. Olubukola Abubakar Saraki fixed for hearing on 5th and 6th of November, 2015 pending the determination of the appeal pending before the Supreme Court against the judgment of the Court of Appeal dated 30th October, 2015.”
ABUJA —The embattled chairman of the Code of Conduct Tribunal, CCT, Mr. Danladi Umar, came under more pressure, yesterday, when the House of Representatives received two different petitions, alleging impropriety and abuse of office in the discharge of his duties.
Bukola Saraki
While one petition is requesting the House to investigate alleged acts of impropriety purportedly committed by Umar, another is requesting the House to investigate the office of the Attorney General of the Federation for its failure to act on investigations allegedly conducted by the Economic and Financial Crimes Commission, EFCC which purportedly indicted Umar of corruption.
The two petitions were presented on the floor of the House by the chairman of the House Committee on Army, Rep. Rima Kwewum, PDP, Taraba State on behalf of the authors, Anti-Corruption Network.
In the first petition signed by Ajufo I. Ajufo, the executive secretary of the group, Umar is alleged by the group to have vitiated the due process mechanism in the discharge of his duties especially in the award of contracts.
He was accused of, among others, to have misused public funds by allowing to be paid to him, the sum of N1 million vide payment voucher CCT/ABJ/DC/206/11 on July 14, 2011 to organise his own wedding.
He is also alleged to have approved the payment of N4.2 million to Chinox Global Investment Limited for the “replacement of external security light bulbs.”
“Not only is this monstrous amount a gross inflation of what may have been needed to replace light bulbs in the premises, it is an entirely fictitious contract. No replacement of external security lights were carried out,” the group alleged.
A separate petition to the House alleged negligence on the part of the Office of the Attorney General in prosecuting Umar as recommended by the EFCC.
The group alleged that the erstwhile EFCC chairman, Ibrahim Lamorde, on June 24, 2014, submitted the report of an investigation to the office of the AG with Ref. No.: EFCC/EC/ JUS/07/117.
“That report was about evidence against Umar. The AG then instructed the EFCC chairman by minuting on the same letter to “ proceed to prosecute the suspects.” The letter from Lamorde was communicated in writing to the EFCC chairman vide letter ref HAGF/EFCC/2014/vol.1/19 dated 26 June 2014.
Alleging bias on the part of the Office of the Attorney General in passing over Umar and prosecuting only his personal assistant, the petitioners said: “This is in clear breach of the order of the AG. Since then, the office of the Attorney General has been silent on this failure to prosecute as directed.
“We believe this neglect is deliberate. This has led us to believe there is a cover-up in this matter. When the Nigerian public becomes aware of this fact, they would be very much interested to know the reason for this cover up,” the group said.
ABUJA — The trial of Senate President, Dr Bukola Saraki, at the Code of Conduct Tribunal for alleged false declaration of assets turned dramatic, yesterday, as Saraki’s lawyers, comprising three Senior Advocates of Nigeria and 24 other lawyers walked out of the court abandoning the Senate president in the dock. The defence lawyers staged a walk-out following the refusal of the tribunal chairman, Justice Danladi Umar to suspend the trial until Saraki’s appeal before the Supreme Court is determined.
The Senate President had gone before the apex court to challenge the constitutionality of the charge which was preferred against him by the Federal Government, as well as the jurisdiction of the two-man tribunal to entertain same. He prayed the Supreme Court to set aside an appeal court judgment that gave the tribunal the nod to try him.
Bukola Saraki
Meantime, Saraki’s lawyers, yesterday, accused the tribunal of engaging in an act of “judicial rascality”, by refusing to accord respect to the apex court which they said was already seized of the facts of the case, saying they would not take part in an “illegal proceeding”.
When the matter was called yesterday, the prosecutor, Mr. Rotimi Jacobs, SAN, informed the tribunal that the Abuja Division of the Court of Appeal had in a judgment it delivered on October 30, paved the way for full-fledged trial to commence on the criminal case against Saraki. Rotimi insisted that the appellate court, in its verdict, settled Saraki’s contention with regards to the jurisdiction of the tribunal to try him.
He said: “The Appeal Court held that the charge was proper and the tribunal properly constituted to sit with two members. We have the Certified True Copy of that judgment. This matter was adjourned till today for us to report the outcome of the proceeding before the appeal court and for continuation of trial. The appeal court, having disposed of the case before it, my lords we are ready to open our case against the defendant. Our witnesses are present.”
Confirming the judgment of the appellate court panel which he said was split, Saraki’s lawyer, Magaji, SAN, told the tribunal that his client would like to make a fresh application.
“My lords, we have an application to make. It is true that judgment was delivered by the Court of Appeal on October 30. Sequel to that judgement, there was a split decision of the court of appeal. As a result of the dissenting judgment, the defendant filed a notice of appeal to the Supreme Court, challenging the decision of the Appeal Court”, Magaji submitted.
He told the tribunal that the notice of the appeal marked SC/852/2015 and dated November 2, had been served on all the parties in the matter, adding that the record of the proceedings of the appellate court has already been transmitted to the Supreme Court.
More so, Saraki’s lawyer, said his client had also filed a motion for stay of proceedings of the tribunal, at the apex court. He said that the tribunal was duly notified about the pendency of the appeal at the Supreme Court via a letter addressed to its chairman, Justice Umar, on November 4.
“In essence, we are saying that we have a valid appeal before your lordships at the Supreme Court”, Magaji added, arguing that for the tribunal to begin hearing on the matter would amount to an affront and disrespect to the judicial hierarchy.
Saraki’s counsel relied on the decided cases of Achebe vs Mbanefo, 10-NWLR, 2007, part 1043, and AGF vs Fakunwa-Onikoyi, 18-NWLR, part 1010, and argued that the tribunal, as a lower court, was constitutionally bound to put its proceeding in abeyance pending determination of the appeal before the Supreme Court. He argued that they are expecting a date for hearing of the appeal, saying they would apply for the apex court to abridge its proceedings so that the matter could be expeditiously determined.
Meanwhile, prosecuting counsel, Jacobs, SAN, vehemently opposed Saraki’s application, describing it as a ploy by the defendant to frustrate his trial. He argued that going by the provision of Section 287(2) of the 1999 Constitution, as amended, the tribunal, including the parties before it, have no option than to enforce the appeal court judgment that ordered the trial to go on.
The government lawyer argued that Saraki’s application was unconstitutional and contrary to Section 306 of the newly-enacted Administration of Criminal Justice Act, ACJA, 2015, which he said prohibits courts from staying criminal trials.
“I am happy that the lawmakers that made that law are here today (yesterday). They are the ones that said that we must move from the era where corruption cases were handled with levity. They can confirm that the aim and spirit of the ACJA is for speedy and efficient management of criminal cases.
“Section 396(3) and (4) of the same Act says that after plea has been taken, criminal cases must he heard on a day-to-day basis. As it stands, there is no order from the Supreme Court. Besides, it is a fact that the apex court is presently hearing appeals lodged before it since 2012. Is the defendant asking your lordships to adjourn and wait until the next two years for his appeal to be determined?
“I pray your lordships not to fall for this invitation. Since this matter started, they have brought one motion or the other to frustrate this trial. They have gone before the Federal High Court, the Appeal Court and now the Supreme Court. Even now my lords, they have filed another case in Lagos State where they joined everybody, all in a bid to stop this case.
“I urge your lordships to reject this application. He wants to deprive us of the fruit of our labour. The court should rise and stop this disturbing trend in our criminal justice system”, Jacobs added.
He also relied on the authority in Dariye vs FRN, 2013, 10-NWLR, part 1457 and that of Ajiboye vs FRN, 2013, 4-FWLR, part 694, and urged the tribunal to refuse Saraki’s request.
Replying on points of law, Saraki through another lawyer in his camp, Mr. Ahmed Raji, SAN, contended that the only issue for the tribunal to decide was whether it could continue with the proceeding despite the appeal before the Supreme Court.
He said: “All we want is to let the head move the tail and not the tail moving the head”.
Meantime, in a ruling it delivered after a one-hour stand down, the tribunal refused Saraki’s application, even as it directed the Federal Government to immediately open its case against him.
According to Justice Umar, “the tribunal has painstakingly analysed all the arguments from both counsel. However, as lawyers, we are ministers in the temple of justice and must at all times advice our clients accordingly and with the interest of justice at heart.
“This tribunal hereby in strength of the provision of Section 305(c) of the ACJA, which gives us the power to conclude trial and pass sentence but suspend execution until such time when an appeal before a higher court is considered and decided, order the prosecution to open its case.
“The essence of the ACJA is to ensure that criminal cases are expeditiously and judiciously thrashed within a short time. The tribunal hereby upholds argument of the prosecution. Moreover, the defendant will never suffer any injury, miscarriage of justice or harm in anyway if the proceeding continues. This tribunal is a sacred institution that took an oath to do justice to all and sundry. The prosecution is hereby ordered to open its case against the defendant”, Justice Umar held.
Immediately the prosecutor, Jacobs, SAN, made move to call his first witness, Saraki’s lawyer, Magaji, SAN, told the tribunal that all the defence counsel would not be comfortable to take part in what he termed “judicial rascality”.
“I therefore hereby withdraw my legal services to the defendant”, he told the panel.
Likewise, Raji, SAN, said: “In my capacity as a Senior Advocate of Nigeria, I have not seen where this kind of conduct will be exhibited against the apex court of the country and I don’t want references to be made in future that I was part of such proceeding. I find it most impossible to sit down here and participate in a proceeding whose legality is being challenged at the Supreme Court. We are asking for the indulgence of your lordships to leave,” a request to which Justice Umar replied: “You are all free to go.”
At that juncture, Jacobs noted that though most of his witnesses came from outside Abuja, “we will, however, allow the defendant to make alternative arrangement for lawyers or decide to defend himself.”
Speaking from the dock after all his lawyers had left, Saraki told the court that he had limited knowledge of the legal system, even as he begged for time to seek legal assistance.
“Mr. Chairman, I find myself in a new terrain. Firstly is the fact that my lawyers walked out on me. I need time to go and beg them to come back and in any event that they refuse, I need to look for best hands to defend me. I need to ask them why they did what they did today (yesterday). If they refuse to come back I will then know where to go from there,” Saraki pleaded.
While not opposing Saraki’s plea, the prosecutor, Jacobs, urged the court to adjourn the matter till either today or next week for trial, saying “what happened yesterday is a demonstration of the bad legal advice the defendant has been receiving since this matter started”.
His application did not go down well with Saraki who pleaded with the tribunal to adjourn the matter for one month to enable him make wide consultations with a view to procuring quality legal services.
After listening to Saraki’s plea, Justice Umar, declined to grant one month adjournment on the matter, even as he adjourned the case till November 19 for hearing. Nevertheless, Justice Umar berated Saraki’s legal team, saying “the action of the defendant’s team smacked of disrespect”.
Saraki was accompanied to the tribunal yesterday by Senators from both the All Progressives Congress, APC, and the Peoples Democratic Party, PDP.
Among the lawmakers that stood by him yesterday included the Deputy Senate President, Ike Ekweremadu, Senate Majority Leader, Ali Ndume, Dino Melaye, Bath Nnaji, Andy Uba, Shehu Sani, James Manager, Danjuma Goje, Abdullahi Adamu, Stella Odua, Adamu Aliero, John Eno, Mao Ohuabunwa, Abdulaziz Nyako, Alhaji Abubakar Kawu Baraje, among others.
Specifically, Saraki was in the charge before the CCT, marked ABT/01/15 and dated September 11, 2015, alleged to have falsely declared his assets, contrary to the constitutional requirement.
He was accused of deliberately manipulating the assets declaration form that he filed prior to his assumption of office as the Senate President, by making anticipatory declaration of assets, as well as, operated foreign bank account while in office as a public servant.
The offence was said to have been committed while Saraki held sway as a governor.
He was also accused of breaching section 2 of the CCB and Tribunal Act, an offence punishable under section 23(2) of the Act and paragraph 9 of the said Fifth Schedule of the 1999 Constitution, as amended.
Government, among other offences, alleged that Saraki, claimed that he owned and acquired No 15A and 15B Mc Donald, Ikoyi, Lagos, through his company, Carlisle Properties Limited in 2000, when the said property was actually sold by the Implementation Committee of the Federal Government landed properties in 2006 to his companies, Tiny Tee Limited and Vitti Oil Limited for the aggregate sum of N396,150,000, 00.
He was alleged to have made false declaration on or about June 3, 2011, by refusing to declare Plot 2A, Glover Road, Ikoyi, Lagos, which he acquired between 2007 and 2008 through his company from the Central Bank of Nigeria for a total sum of N325,000,000, 00.
Similarly, Saraki was said to have refused to declare No1 Tagnus street, Maitama, Abuja, which he claimed to have acquired in November 1996 from one David Baba Akawu.
Some of his alleged offences while in office as governor, which are said to be punishable under section 15(1) and (2) of the CCB and Tribunal Act, Cap C15, Laws of the Federation of Nigeria, 2004, were allegedly committed between October 2006 and May 2007.
His actions were classified as a gross violation of the Fifth Schedule of the Constitution of the Federal Republic of Nigeria 1999, as amended.
SERAP wants NBA to probe Saraki’s lawyers on walk-out
Meanwhile, Socio-Economic Rights and Accountability Project (SERAP) has called on the Nigerian Bar Association (NBA) to “urgently investigate the conduct of lawyers to the Senate President Bukola Saraki, for walking out on the Code of Conduct Tribunal after the tribunal refused their application for stay of proceedings.
The organisation said that “It is the role of Sakari’s lawyers to serve their client’s best interests but in doing so they should not act in a manner that would put the administration of justice and the society’s confidence in the judicial system and the fight against corruption at risk.”
In a statement signed by SERAP’s executive director, Adetokunbo Mumuni the organisation said that, “Walking out on the Code of Conduct Tribunal for simply and correctly applying Section 305(e) of the newly enacted Administration of Criminal Justice Act is disrespectful. It offends the basic rule that lawyers should act with integrity and professionalism, maintaining his or her overarching responsibility to ensure civil conduct.
“SERAP believes that a lawyer’s duty to the court is a fundamental obligation that defines a lawyer’s role within the adversarial system. Lawyers should at all times act to promote the rule of law and the public’s confidence in the administration of justice and not be seen to undermine it or facilitate an infringement of the law.
“As we have seen many times, without the rule of law, the rule of the jungle takes hold and the economically and socially vulnerable fall victim to the strong and nobody is safe.”“Senior lawyers especially have a responsibility to act as the guardians of the rule of law by contributing to a strong judicial and legal system which is crucial to a well-functioning democracy and which in turn is necessary to satisfactorily prevent and combat years of official corruption in the country.”
