A High Court judge who granted an order that appeared to halt the trial of the Senate President, Bukola Saraki, over alleged corruption, has stood down from the case.
Bukola Saraki
Justice Ahmed Mohammed of the Federal High Court excused himself from the case on Wednesday, and transferred the matter to the Chief Justice of Nigeria, Mahmud Mohammed, for reassigning, the News Agency of Nigeria reported.
He said he took the decision due to “negative reports”, NAN reported.
Mr. Saraki is facing a 13-count charge of alleged corruption and false declaration of assets before the Code of Conduct Tribunal.
He denies wrongdoing and says the case was instigated by those angry he became the Senate president.
After the Code of Conduct Bureau filed charges against him two weeks ago, Mr. Saraki approached a high court to block the trial.
Justice Mohammed summoned the chairman of Code of Conduct Bureau and officials of the Ministry of Justice to explain why he should not order the stoppage of the trial.
The judge’s injunction was rejected by the Code of Conduct Tribunal which argued that the two courts were of coordinate jurisdiction.
Mr. Saraki later appeared before the tribunal after the Court of Appeal dismissed his appeal, and asked him to face trial.
On Tuesday, Mr. Saraki was given a vote of confidence by 83 senators.
ABUJA–SENATE President,Bukola Saraki,Tuesday,reiterated that his trial by the Code of Conduct Tribunal,CCT,was being influenced by people outside the National Assembly who were not comfortable with his emergence as Senate President
But he said the ‘intruders’ were fighting a lost battle as they were not National Assembly members to effect their desired leadership in the Red Chamber.
Bukola Saraki
This was even as he disclosed that the screening of the ministerial nominees being awaited by the Senate would not be business as usual,vowing that the exercise would be thoroughly carried out.
Speaking while welcoming senators back,after six weeks of recess, Saraki insisted that his travails in the hands of the anti-graft agency were the handiwork of those he referred to as “powerful individuals outside” the legislature.
“I wish to reiterate my remarks before the Tribunal, that I have no iota of doubt that I am on trial today because I am the president of the Nigerian Senate, against the wishes of some powerful individuals outside this Chambers,”he said.
In an apparent reference to the outsiders,the Senate President said: “The laws of Nigeria does not give any consideration to any other forces outside the Senate in the election of its President.
“And to yield the ground on this note, is to be complicit in the subversion of democracy and its core principles of separation of powers as enshrined in our constitution.”
“This, in your wisdom, is what you have done by electing me to be the first among all of you who are my equals,”he told his colleagues.
He said the activities of the powerful individuals outside the legislature would not deter him,vowing that he would always defend the independence of the legislature.
He also noted that too many people have fought and died for the democracy being enjoyed in the country today,adding: “We would not be honouring them and their memories if we allow the sad chapters of our history to continue to repeat themselves like a bad curse.”
“As for me, I am prepared to do my duty in defence of our democracy and in safeguarding the independence of the National Assembly. My duty, as I see it, is to do justice and honour to the memory of those who have paid even higher prices to give us this democracy and this constitution.”
“Primarily as a senator of the Federal Republic and as Senate President, I owe it to this Senate to stand strong in the face of relentless persecution.
“I invite all of you to stand with me to defend this Senate and preserve its sanctity.
“Ultimately, our legacies would not be defined by how long we stay here and in whatever position; but by what we did with this great opportunity that our people have given us by the grace of Almighty God,”he stressed.
But he commended President Muhammadu Buhari, for refusing to interfere in the election of the National Assembly leadership “even in the face of enormous pressures on him to do so.”
He said the action of the president “proved quite concretely that he is indeed a born-again democrat.”
Speaking on the awaited ministerial screening, Senator Saraki said: “As we await the list of ministerial nominees this week, I believe the presence of ministers will create the space for greater policy engagement with the Executive Arm of government and enable us to begin to respond in a more systematic manner to the various economic and social challenges before us, especially through our various Committees that will also be constituted soon.
“On this note, I want to urge you all my colleagues to ensure that what is uppermost in our minds as we begin the constitutional task of screening of ministerial nominees is the overall interest of our country, informed by the enormity and the urgency of the challenges before us.
“Once the list is submitted, let us ensure that we treat it with dispatch and thoroughness. We must not be held down by unnecessary politicking. The enormity of our national challenges at this time does not give room for pettiness or politics of vendetta,”he charged senators.
The Senate President added:”This is an auspicious moment for us to rededicate ourselves to all that which will advance our nation,move us closer to the dreams of our founding fathers and our attain ourdestiny as the greatest nation of the black race on the planet.
“All that we seek for our country is achievable in our life time if we all play our part and forsake our old ways. But the least we must do is to ensure that while we are here, we are able to lay the necessary foundation for our children and their children to live a more prosperous life.”
Saraki charged senators to sit up to their constitutional responsibilities,vowing that the Senate under his watch will exercise it functions without fear or favour.
The House of Representatives said on Tuesday that it wholly supported the anti-corruption war of the Federal Government and its decision to cleanse the polity of sleaze.
Yakubu Dogara
But, the House urged “great circumspection” in the ongoing prosecution of the President of the Senate, Senator Bukola Saraki, over alleged false asset declaration “in order to maintain proper focus in the pursuit of the common good.”
The Speaker of the House, Mr. Yakubu Dogara, conveyed the position of the House in an address to lawmakers as they reconvened in Abuja after a six-week annual recess.
The House commended Saraki for submitting himself to the jurisdiction of the Code of Conduct Tribunal to pass the message that nobody was above the law.
Dogara added, “The barometer of the polity has been on the rise of late because of certain developments concerning the arraignment of the President of the Senate.
“While commending the President of the Senate for submitting himself to the jurisdiction of the Code of Conduct Tribunal in the recognition that no person is above the law, I wish to caution that there is need for great circumspection in times such as this in order to maintain proper focus in pursuit of the common good.
“In this regard, I wish to commend you, my dear colleagues, for the maturity of avoiding further escalation through media commentaries.
“We commend and fully support the effort of government towards sanitising the polity through the war against corruption, impunity and other vices. “
Dogara noted that the House expected institutions created by Acts of the National Assembly to be fair and ensure that justice was seen to have been done at all times.
He noted that acting to the contrary could be a stain on the success of democracy.
“As legislators with the mandate of making as well as reforming the law, we expect that these institutions, which are the creation of these laws, would prove their capacity for fairness, justice and strict adherence to the rule of law in order not to endanger our democracy.
“I am confident that our justice system has the capacity to do justice to all citizens. In any case, the legislature remains the bulwark in defence of our democracy, fundamental human rights and rule of law,” the speaker added.
To his colleagues, Dogara reminded them of the fact that they must lead by example by being above board to be able to perform their duties of over-sighting Ministries, Agencies of government.
“We must, at all times, remind ourselves that we are equally been over-sighted by the people whose mandate we hold and indeed ultimately by God.
“We will therefore do well to adopt the righteous doctrine of leadership by example. Only then shall we be able to face accountability with confidence,” the speaker told his colleagues.
Although, Dogara applauded the introduction of the Treasury Single Account by the government, describing the policy as “commendable”, he observed that extra-budgetary expenditure by agencies also fell under revenue leakages.
The embattled Senate President, Bukola Saraki has said he will appear before the Code of Conduct Tribunal tomorrow, Tuesday.
Bukola Saraki
He promised to submit himself to due process of the law on any issue concerning him, he also believes that he has an inalienable right to resort to the same judiciary for protection when he feels his fundamental rights are about to be infringed upon.
Saraki, on Monday, failed to appear before the Tribunal despite the warrant to arrest him as issued by the Tribunal last Friday.
The lawmaker explained that his absence from the tribunal was based on legal advice he received from his counsel that it is not necessary for him to appear before the CCB at this time.
According to a statement posted on his Facebook wall, Saraki said “I am a law abiding citizen and his absence from tribunal was based on legal advice he received from his counsel that it is not necessary for him to appear before the tribunal at this stage since the jurisdiction of the tribunal and the process of initiating the matter are being challenged before the federal High Court Abuja.”
Saraki said he has decided to appear before the Tribunal in the interim following the adjournment for the determination of the motion on notice and the substantive suit before the Federal High Court to 30th of September and the appeal pending before the Court of Appeal adjourned to the 29th of the same month.
The decision to appear before the tribunal, according to the statement is to demonstrate his (Saraki) regard for the rule of law inspite of his personal reservation on the process of his trial and the purpose it may be intended to serve.
It could be recalled that the Chairman of the Tribunal, Justice Danladi Umar, had ordered the Inspector General of Police, Solomon Arase, to effect the arrest of the senate President and produce him before the Tribunal on Monday.
Despite the order, Saraki refused to show up on Monday which made it the second time he has failed to appear.
ABUJA – President Muhammadu Buhari has dissociated himself from the current travails of Senate President Bukola Saraki in the hands of the Code of Conduct Bureau (CCB) and the Code of Conduct Tribunal (CCT) over a 13-count criminal charge preferred against Saraki on account of alleged false declaration of assets, saying the courts have a duty to perform.
Buhari
This came as Abuja, the nation’s capital city hosts a web of high-wire intrigues and three-fold legal fisticuffs over the issue today.
Meantime, Saraki returned to Abuja after a short trip to Ilorin, the Kwara State Capital. Saraki and a host of senators were said to be meeting in Abuja, last night over the issue. Details of the strategic meeting were not available at press time.
Also, members of Senate Unity Forum, SUF, an anti-Saraki group in the Senate were, yesterday, engaged in a marathon meeting. It was gathered that the senators who met in Abuja in an undisclosed venue, were said to have gathered to strategize ahead of the resumption of the Senate.
According to a source, the meeting was a follow up to the one held by senators loyal to Saraki, weekend.
Three-fold legal fisticuffs
One leg of the triangular legal battles will be at the CCT, where Justice Danladi Umar will be expecting the Inspector General of Police, Mr. Solomon Arase and other security agencies to produce Saraki for arraignment. Saraki refused to appear before the CCT on Friday and sent his team of lawyers led by former President of the Nigeria Bar Association (NBA), Mr. J.B Daudu (SAN) to file a memorandum of conditional appearance on his behalf. Justice Umar in issuing a bench warrant said that having sworn to protect the constitution Saraki should have shown respect to the tribunal and appeared.
The second leg will be at the Federal High Court Abuja, where Justice Ahmed Mohammed is also expecting the Ministry of Justice, the chairmen of the CCT (Justice Umar) and the CCB, Mr. Sam Saba over the charge against Saraki. Justice Mohammed had on Thursday summoned the trio to appear before him today after hearing Dr. Saraki’s ex-parte application.
And the third front is at the Court of Appeal where Saraki has gone to challenge the powers of the CCT to try him as well as the refusal of the tribunal to discharge the bench warrant for his arrest, adding that the CCT acted without jurisdiction by assuming jurisdiction over a charge that is being challenged at the Federal High Court.
Saraki returns to Abuja
Bukola Saraki
Meanwhile, Saraki’s Spokesman, Mr Yusuph Olaniyonu, yesterday, dismissed as false, reports that Saraki was hiding. He said in a telephone chat: “No. we are just arriving Abuja from Ilorin. Why will he leave Nigeria? For what? We are in Abuja. At least you know where he lives, you can come and have dinner with him.”
Asked if the Senate President will appear before the CCT, he said: “I can’t answer that question. It is a legal matter, only his lawyer will answer but you know there are three angles to the matter. You have the Federal High Court, CCT and Court of Appeal.”
Saraki may appear before high court
A source close to the Senate President who spoke to Vanguard on grounds of anonymity, yesterday, stressed that Saraki would not be comfortable to appear before the CCT today, “having regards to the hurried way the Justice Danladi Umar-led panel issued a bench warrant against him on Friday based on a mere oral application”.
However, the source, who is part of Saraki’s legal team, but not authorised to speak on his behalf, said his client would rather prefer to appear before Justice Ahmed Mohammed of the Federal High Court in Abuja who is presiding over the suit seeking to halt the proceeding of the CCT.
Justice Mohammed had on Thursday adjourned till today to hear Saraki’s suit against both the tribunal, the CCB, the Ministry of Justice and the deputy director in the office of the Attorney General of the Federation, Mr. M.S. Hassan, who signed the charge against the Senate President.
“You will recall that whereas the CCT commenced its sitting on Friday, the same day it hurriedly issued a bench warrant against the Senate President, Justice Mohammed of the Federal High Court had earlier on Thursday delivered a ruling that ought to have put the proceeding of the CCT in abeyance.
“Justice Mohammed was categorical when he summoned the Chairmen of both the CCT and the Code of Conduct Bureau to appear before him today to show cause. When you are asked to come and show cause, it means that you should come and adduce reasons why you should be allowed to proceed with a planned action.
“The record before the Federal High Court which is a superior court to the CCT shows that the subject matter of the ex-parte motion marked FHC/ABJ/CS/775/15, bothers on the legal propriety of the proceeding before the tribunal.
“If a court of competent jurisdiction had asked you to come and show cause why you should be allowed to do a specific thing, and you are notified about the ruling of the court, yet you go ahead to do exactly the same thing the plaintiff is trying to prevent, does that not in itself epitomise lack of respect for a constituted authority?”
Meantime, effort to reach Saraki’s lead counsel, Mr. Daudu, SAN, yesterday, proved abortive. Similarly, repeated calls to the phone line of Mr. Mahmud Magaji, SAN, who also represented the Senate President at the tribunal on Friday, were not answered.
Senators speak
Some senators loyal to Senate President Saraki have decried Saraki’s travails, saying that the ruling All Progressives Congress, APC was drifting Nigeria into a state of anarchy.
Commenting on the development, Senator Sonni Ogbuoji, PDP, Ebonyi South noted that the current travail of the President of the Senate was an indication that the APC has no programme of governance for the country but to use state apparatus to witch-hunt perceived political enemies, adding that the CCT was treating Nigeria to a “new form of Constitution”, whereby a deputy director instead of the Attorney-General of the Federation was the one that took Saraki to court.
Describing Saraki’s treatment as politically motivated, Senator Ogbuoji noted that those behind the saga were not fighting for the growth of democracy, but for their selfish interest, which he said was to the detriment of the country.
When asked whether he would advise the President of the Senate to resign in view of the dimension his opponents had taken to fight him, Senator Ogbuoji, who noted that there was no basis for anyone to demand for Saraki’s resignation, stressed that even if Saraki was eventually arrested and arraigned before the court, it would not remove him from his seat as the President of the Senate, adding that such would only be seen as a judicial process.
Also speaking, Senator Joshua Dariye (PDP, Plateau Central) who warned that the unfolding scenario was not a good development, however, suggested that the best way to handle the matter was for the warring factions to go for dialogue and resolve their differences, since the recent action against Saraki was still a fallout of the outcome of the formation of the leadership of the 8th Senate.
He said: “It is not a good development. Dialogue is the key to any success; so let them go into dialogue and settle their differences.”
Anti-Saraki senators meet
A source told Vanguard that members of the SUF, the group of Senators who are in support of the position of the All Progressives Congress (APC) on the leadership of the Senate have continued their consultations in readiness for the fallout of the CCT trial of Saraki.
It was gathered that the SUF has decided to lie low and allow the ongoing trial get to a head, as they continue the consultations behind the scene. A source said that the senators cannot say for certainty what would happen during the week, but many of them were said to be banking on the government “handling the assignment for them.”
The SUF Senators: Abu Ibrahim, Kabiru Marafa, Ajayi Borofice, Olugbenga Ashafa, Suleiman Hunkuyi, Banabas Gemade, Ahmed Lawan and George Akume among others came up to support Senator Ahmed Lawan during the fight for the position of Senate Presidency, which Saraki won.
As members of SUF are consulting, Saraki’s supporters, mostly of the Like Minds Senators (LMS) were also moving to consolidate the Senate President’s hold on the red chamber.
According to a source, one of the forces against Saraki was pushing for an “Obasanjo option,” which would be to pull through the planned arrest and detention of the Senate President irrespective of the CCT order on the issue.
Those behind this agenda are claiming that the CCT is not lower than the High Court and that its orders can only be referred to the Court of Appeal.
It was also gathered that the position of this camp is that the CCT could be made to get Saraki “out of the way” while the issue of control of the Senate would be sorted out on resumption.
Others are, however, expressing caution that the “Obasanjo option” could look drastic and reduce the government’s democratic credentials, especially as the government is still trying to get off the fallout of the invasion of Akwa-Ibom Government House.
The source said: “The noise by the Peoples Democratic Party (PDP) is also unsettling the plans. If the nation had remained quiet as it was before now, the authorities can go all out after the Senate President under the guise of fighting corruption,” a source close to the party said, adding that the two divides in the APC camp are weighing the best option going forward.
It was also gathered that loyalists of the Senate President have decided to hold a Unity meeting of all Senators on September 28, a day before the 29th resumption date.
CCB member faults trial
Meanwhile, there was a new dimension to the case against Saraki, yesterday, as a member of the CCB said that the entire trial was needless and in contradiction with the process stipulated in the Code of Conduct Bureau and Tribunal Act.
The member of the Bureau noted that the Section of the Act was not complied with before the Senate President was charged before the tribunal, adding, “If it had been complied with, the man will probably not even need to get to court at all, even if he committed all we are charging him with. Once he admits the inconsistency and regularise them”.
According to the member who spoke on condition of anonymity said if the Bureau had followed the provision of Section 3(d) of its own law, it will not rush to trial, but invite Saraki to come and defend whatever inconsistency or infraction that may have been discovered in his asset declarations, adding that the normal procedure according to Section 3(d) of the Act was that the Bureau should set up a committee to determine whether an infraction has been committed by any public officer after submitting his/her asset declaration forms.
Section 3(d) of the CCB Act states that: “The functions of the Bureau shall be ….to receive complaints about non-compliance with or breach of this Act and where the Bureau considers it necessary to do so, refer such complaints to the Code of Conduct Tribunal established by Section 20 of this Act in accordance with Section 20 to 25 of this Act.
“Provided that where the person concerned makes a written admission of such breach or non-compliance, no reference to the Tribunal shall be necessary.”
The source recalled that it is this same refusal to follow procedure stipulated in his own law that led to the collapse of the case filed by the Bureau against Asiwaju Bola Tinubu in 2011, adding that members who observed this anomaly were dissatisfied with the unilateral action of the CCB chairman, Mr. Sam Saba who did not consult with other members before referring the matter to the tribunal.
Meanwhile, Senators have kept mum since the matter came up, even as the Chairman, Ad- hoc Committee on Media and Publicity, Senator Dino Melaye, APC, Kogi West has failed to issue an official statement from the Senate, even as Senators called to speak vehemently refused to make comments.
There are also strong indications that Senate President Bukola Saraki may not honour the order of the Code of Conduct Tribunal that the Inspector General of Police, IGP, Solomon Arase should arrest and produce him in Court today.
Though, Senate President Saraki was said not to be in town, but when Vanguard contacted his Special Adviser, Media and Publicity, Yusuph Olaniyonu, he said the Senate President was in town.
Don’t be influenced IEDPU urges CCB
The Ilorin Emirate Descendant Progressive Union (IEDPU) has described Senate President Saraki’s current travails at the CCT as politically-motivated.
The union therefore cautioned the CCB against being used to achieve political gains, adding that the board should do its job devoid of external interference.
National President of IEDPU, Alhaji Abdulhamid Adi wondered why CCB failed to raise any issue concerning the Senate President’s asset declaration forms since 2003.
Alhaji Adi added that the 12 years interval to unearth the alleged issue by the CCB and the way the CCT is handling the issue is suspicious.
“I see it more or less as political persecution. It is purely political. Maybe there are some political opponents that are trying to get at him,” he said.
MEF begs NU, MBF to intervene
Also Group known as ‘Maja Elders Forum’ (MEF) has urged President Buhari to intervene.
In a statement, MEF Coordinator, Alhaji Kayode Yusuf, appealed to the Northern Union (NU) and Middle Belt Forum (MBF), the two bodies, Saraki’s biological father Olusola Saraki had brought into prominence in the nation’s socio -political landscape, to meddle in the “persecution of Bukola Saraki’s family.”
The statement which was entitled: ‘Save Bukola Saraki’s Life: a Passionate Appeal to President Buhari,’ the group believed that the recent invitation of Saraki’s wife Oluwatoyin by the Economic and Financial Crime Commission (EFCC) and his attempted prosecution by the CCT might not be unconnected with the rising political profile of the former Governor of Kwara state.
The Senate President, Dr. Bukola Saraki, yesterday expressed dismay at the Code of Conduct Tribunal’s order for his arrest.
Bukola Saraki
He also alleged persecution by those he said were using state institutions to fight their political opponents and seeking to achieve through the back door what they cannot get through democratic process.
In a statement released in Abuja, Saraki said his dismay stemmed from the fact that the tribunal disregarded an earlier order by the Federal High Court in Abuja suspending hearing in the case till Monday.
He said it was also a surprise that in spite of Saraki’s personality and an application by his lead counsel that he would produce him on Monday, the Tribunal insisted on issuing a warrant of arrest as if it was out to embarrass the Senate President.
The statement, which was signed by Senator Saraki’s Special Adviser (Media and Publicity), Yusuph Olaniyonu, reads: “Following the development in the Code of Conduct Tribunal (CCT) today, Friday, September 18, 2015 when the Tribunal chose to ignore the subsisting order of a Federal High Court by sitting, we hereby state our position as follows:
“While the Senate President, Dr. Abubakar Bukola Saraki, has stated and maintains that he is ready to submit himself to due process of the law on any issue concerning him, he also believes he has an inalienable right to resort to the same judiciary for protection when he feels his fundamental rights are about to be infringed upon.
“It is for this reason that Dr. Saraki, having satisfied himself that the case filed by the CCB and the manner in which the case was filed show that he will not be given justice, resorted to the Federal High Court for the determination of the issues of competence of the prosecutor as well as compliance with the procedure stipulated in the Code of Conduct Bureau and Tribunal Act.
“The Federal High Court on Thursday, September 17, 2015, therefore ordered that all parties in the case should appear before it on Monday, September 21, 2015. The implication of this ruling by a Court of competent jurisdiction is that the sitting today has been overtaken by event. It is for this reason that Dr. Saraki chose to go about his normal official schedule.
“Today at the Tribunal, Counsel to the Senate President, Mr. M. A. Mahmud (SAN), raised a motion stating that there is a pending constitutional matter before the Federal High Court to be decided on Monday and that the Tribunal should hold the trial until the constitutional matter is disposed of.
“We are however dismayed that the Tribunal chose to disregard the order of the Federal High Court and the motion to suspend hearing till Monday when all parties are expected to argue their positions on the constitutional matter.
“It is also a surprise to us that despite the application by the lead counsel to the Senate President that he will produce Dr. Saraki on Monday and the personality of the person involved as the number three man in the country, the Tribunal insisted on issuing a warrant of arrest as if its intention is simply to embarrass Dr. Saraki.
“We are not unmindful of the fact that the Tribunal is acting under political influence and external pressure. This is dangerous to our democracy.
“The conduct of the Tribunal today left nobody in doubt that it cannot do justice on the matter before it.
“It is also clear that today’s decision is an abuse of the rule of law which portends danger to our judicial system.
“The Tribunal has equally set a bad precedent in the way and manner it conducted itself during the proceedings.
“We want to emphasise the fact that this is not part of any war against corruption but using state institutions to fight political opponents and seeking to achieve through the back door what some people cannot get through democratic process.
“We need to caution here that in a desperate bid to settle political scores and nail imaginary enemies, we should not destroy our democratic institutions and heat the polity for selfish reasons.
