Judgement in the suit instituted by Senate President, Dr. Bukola Saraki, against the Code of Conduct Tribunal has been adjourned indefinitely at the Appeal Court in Abuja.
The Registrar of the Court of Appeal, who made the announcement on Monday, gave no reason for the decision.
Dr. Bukola Saraki had filed an appeal challenging the legality of his arraignment at the Code of Conduct Tribunal.
In the appeal argued by his counsel, Mr Joseph Daudu (SAN), the Senate President asked the appellate court to set aside the proceeding of the Code of Conduct Tribunal held in September.
He asked the court to set aside the criminal charges of false declaration of assets, filed against him by the Federal Government.
Saraki also challenged the composition of the Code of Conduct Tribunal which has only two members instead of three, adding that since the tribunal did not sit in compliance with the constitutional provision of three members, his arraignment should be declared invalid.
ABUJA- SENATE President Bukola Saraki who appeared before the Code of Conduct Tribunal, CCT following a 13-count charge against him by the Code of Conduct Bureau, over alleged falsification of assets he admitted, said Tuesday that if he was not the Senate President, he would not be going through the present trial.
Bukola Saraki
In a statement tilted, “As I Appear Before The Code of Conduct Tribunal (CCT)” he personally signed Tuesday night, Senate President Bukola Saraki who noted that his appearance before the CCT was a demonstration of his believe in rule of law and respect for the judiciary, said, “Today, I appeared before the Code of Conduct Tribunal for the commencement of my trial in a case concerning the asset declaration form I filled in 2003 after I have explored the opportunity to defend my fundamental human rights in other courts.
“My appearance in court today once again demonstrates my belief in the rule of law and respect for the judiciary of our country.
“As I stated while taking the plea in the case, I reiterate my belief that the only reason while I am going through this trial is because I am Senate President. If I were to be just a Senator, I doubt if anybody will be interested in the asset declaration form I filled over twelve years ago.
“This belief stems from the fact that Section 3 (d) of the Code of Conduct Bureau and Tribunal Act provides that If there is a breach or non-compliance with any section of the law, the person involved should be given the opportunity to either admit or deny and that in the case of a written admission, no reference to the Tribunal shall be necessary. So, If the CCB had followed the guidelines, procedure or the due process provided in its own law, we won’t be having this trial.
“It is my humble opinion that this case is a vivid example that there is still flagrant disregard for due process in our polity. This trial is not only being observed by Nigerians alone, the international community is watching because Nigeria is a key member of this community. So, the executive, legislature and judiciary should do the right thing that will truly demonstrate that we have imbibed the spirit of positive change.
“It is however necessary for me to thank my colleagues in the Senate for the solid support and solidarity they demonstrated for me. I also thank my counsel for the brilliance they have shown in presenting our case and the supporters who were present in the Tribunal in their hundreds. I want to assure you that I am innocent of all the charges and will clear my name in due course.
The embattled Senate President, Bukola Saraki, was on Tuesday granted bail on self recognition after he pleaded not guilty of charges of fraud against him at the Code of Conduct Bureau Tribunal
Bukola Saraki
The Senator is facing a 13-count charge bordering on corruption, alleged falsification of asset declared 12 years ago and operating a foreign account.
Saraki who promised to honour the invitation to appear before the Tribunal yesterday had failed to appear on Friday and Monday, which according to him, was because of the advice given to him by his legal counsels.
As the case opened, the lawyers representing Saraki challenged the juridisction of the tribunal, adding that the matter was not a criminal case.
The challenge was opposed by the prosecution, instructed Mr. Saraki to go ahead with his plea.
The Chairman of the Tribunal said “I hold that the trial before the tribunal is purely criminal.”
Defending the jurisdiction, the prosecution counsel argued that section 2 of the Administration of Justice Act, 2015, states that the matter could be heard alongside any preliminary objection regarding it’s jurisdiction.
It could be recalled that the new law was signed by the former President, Goodluck Jonathan as part of a reform on Nigeria criminal justice system.
The Act is expected to speed up corruption cases before the courts, by dealing with issues of preliminary objections, adjournments, and jurisdiction.
The law says such objections must be addressed by the courts concurrently with the corruption charge, unlike the past when interlocutory injunctions could go to the Supreme Court and return, before the main trial begins.
Mr. Saraki who pleaded not guilty at the tribunal said “I believe that I am here as the Senate president to indicate my respect for the tribunal. I am puzzled why I am being compelled”.
Mr. Saraki defended the accusation by the Code of Conduct Bureau that his earnings did not qualify him to acquire some assets, saying that he earned them through investment in rice Farming.
He denied making false asset declaration and also pleaded not guilty to the charge over his failure to declare his full asset when he was the governor of Kwara State.
The embattled senate president also defended the charges levied against him over his alleged use of foreign bank accounts while serving as a public officer in Nigeria.
Mr. Saraki who arrived at the tribunal premises at 9:32 am was accompanied by about 50 senators and members of the House of Representatives.
According to PT reports, One of the senators who spoke in anonymity because he is not authorized to speak on the matter said they took the decision to go with Mr. Saraki in order to prevent the police from arresting or humiliating him.
Another supporter of Saraki said that the plan is to humiliate the Senate President, “We have nothing to fear. After Saraki has exercised his fundamental human rights in relevant courts, we are here to to show the lies contained in the charges.” He added.
The tribunal adjourned the hearing to 21st, 22nd and 23rd of October
Nigerian users on Twitter, on Saturday, expressed surprise at the removal of the All Progressives Congress’ name from the official profile page of the Senate President, Dr. Bukola Saraki.
Bukola Saraki
According to some users, the Senate President’s verified Twitter biography previously read, in part, “Member of the APC.”
However, when our correspondent visited the page, it simply read, “Senate President and Chairman of the 8th National Assembly. Committed to Transparency and Accountability.”
One user, Am Human No Labels, said, “Sir, are you no longer a member of the ruling party? I can’t find APC on your bio anymore.”
In the same vein, @olufemisp wrote, “I knew it was when @bukolasaraki deleted the “APC” that proudly adorned his bio. This Saraki war will consume the party.”
Another user, AS Aruwa, said, “I just noticed that @bukolasaraki has deleted ‘Member of the APC’ from his bio. Someone is about to decamp?”
Maryam Abubakar also asked, “Now that the ‘APC’ on Bukola Saraki’s Twitter bio is gone, what should we expect?”
“Why is the APC on your bio gone sir?” @RichieDectector asked, while Ayokunle Odekunle wrote, “@BukolaSaraki removes the ‘APC’ from his bio. It gets more interesting.”
Afolabi Ajiboro also said, “@ogundamisi have you noticed that @bukolasaraki has removed APC from his bio on Twitter? Minutes later the PDP released statement defending him.”
The Senate President did not respond to the controversy on Twitter.
However, the Special Adviser to the Senate President on Media, Mr. Yusuph Olaniyonu, said, “It is not a new development. The party logo was there during the elections and we took it off after the elections about a month ago.”
Meanwhile, the Force Headquarters on Saturday said it was still waiting for the bench warrant issued by the Code of Conduct Tribunal for the arrest of the Senate President.
The Force Public Relations Officer, Olabisi Kolawole, said the police had yet to get the court order as of Saturday when our correspondent inquired about the delay in the execution of the arrest warrant.
Kolawole explained that the police cannot arrest Saraki without the court order.
“We have not received the bench warrant till now (Saturday) and until we get the court order, we cannot execute it,” she said over the phone.
Justice Danladi Umar of the Code of Conduct Tribunal had on Friday in Abuja ordered a bench warrant against Saraki for failing to appear before the court to answer charges over alleged false declaration of assets.
The judge specifically ordered the Inspector General of Police, Mr. Solomon Arase, or other security agencies to arrest Saraki and produce him in court on Monday to take plea in the 13-count charge slammed on him by the Federal Government.
But Saraki’s lead counsel and former President of the Nigerian Bar Association, Mr. Joseph Daudu, said he had filed an appeal asking the court to set aside the ruling dated September 18, 2015.
Daudu said the trial judge erred in law and “acted without jurisdiction by countenancing and assuming jurisdiction over the criminal trial/prosecution of the accused/appellant at the Code of Conduct Tribunal for a charge, which is being challenged at the FHC, Abuja in suit No: FHC/ABJ/CS/775/2015 between Dr. Olubukola Abubakar Saraki vs Ministry of Justice and three others and in disobedience of the order of the FHC, Abuja Division dated September 17, 2015.”
He averred that it was not necessary for his client to be present in court since the accused had filed an application challenging the jurisdiction of the tribunal to adjudicate on the charge brought before it.
The Federal Government had on September 11 filed a 13-count charge against Saraki before the CCT and the case was fixed for Friday for his arraignment, but the accused failed to appear in court.
According to the suit filed at the CCT, allegations against Saraki include failure to declare property on Plot 2A, Glover Road, Ikoyi, Lagos; failure to declare property on No 1, Tagus Street, Maitama, Abuja (Plot 2482, Cadastral Zone A06, Abuja) and failure to declare property No 3, Tagus Street, Maitama, Abuja (Plot 2481, Cadastral Properties Limited).
The Code of Conduct Bureau has leveled a 13 count against the Senate President, Bukola Saraki.
The Deputy Director in the office of the Attorney-General of the Federation, M.S.Hassan, filed the charges against Saraki on September 11.
Bukola Saraki
The charges include false declaration of assets when he assumed office as the Kwara State Governor in 2003.
Reacting to the charges, Saraki described the charges leveled against him by the CCB as frivolous.
He also said the allegations was a reflection of the saying that each time you fight corruption, the system will fight you.
Saraki said this in a brief encounter with Senate correspondents in Abuja. He was reacting to the 13 count of corrupt practices dating back to his tenure as governor of Kwara State.
Saraki said, “Most of them are frivolous and not true. This sounds like issues of affairs. I have always done my declaration. We will continue to do our Job.
“There is no doubt that it is mischievous. It is not current. The issues are not true. As far as we are concerned, we are not shaking. We will focus on what we have come to do in the interest of the country.”
The Senate President then referred reporters to a statement from his media team signed by his Senior Special Adviser on Media, Yusuf Olaniyonu, saying Saraki was being witch-hunted because of his recent stance on national issues.
The statement partly read, “We also note that anytime you try to fight corruption or insist that the right thing should be done, the system will always come after you. This is another case of desperation to fight Dr. Saraki because of his recent stance on national issues.”
According to the statement, the Senate President’s attention was drawn to a charge sheet being widely circulated on the online media, upon which he is expected to be tried at the Code of Conduct Tribunal.
The Senate President’s media team noted that at the time of writing the statement, Saraki had not been served the court papers.
The statement, however, noted that as a public officer, he owes members of the public explanation on the allegations contained in the charge sheet.
