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 verbal fireworks between civil society groups and the embattled Senate President, Bukola Saraki, continued on Sunday with the Transition Monitoring Group releasing yet another scathing statement urging Nigerians to remain steadfast in their quest to kick the top lawmaker out of office.
Bukola Saraki
The TMG said it has continued to watch with keen interest as the Senate President reacts to its previous calls for him to step down amid corruption scandals.
In a statement sent to PREMIUM TIMES by its chairman, Ibrahim Zikirullahi, on Sunday, TMG said Mr. Saraki’s strategy to wait out the public outrage over his alleged false assets declaration trial as well as the new revelations about his ties to offshore businesses in tax havens as contained in the Panama Papers has backfired.
“In the last 48 hours, the Transition Monitoring Group (TMG) has observed closely as heavily tainted Senate President, Bukola Saraki struggles to rationalize his decision to sit-tight in the face of damning revelations from his trial at the Code of Conduct Tribunal and the leaked Panama Papers.
“Like a drowning man, Saraki is advertising his willingness to hold on to any straw. Since TMG released its widely circulated statement calling on him to immediately step down on account of damaging effects of his trial on the Senate as an institution, Saraki has cut a pathetic figure.
“His vile calculations that the Nigerian people would soon forget about the revelations, and move on, have boomeranged,” Mr. Zikirullahi said.
Following the commencement of his trial at the Code of Conduct Tribunal and the PREMIUM TIMES investigations that exposed him as one of the most prominent clients of Mossack Fonseca, the Panamanian law firm at the centre of the Panama Papers leak, calls for Mr. Saraki’s resignation have been spearheaded by the Transition Monitoring Group, TMG, Coalition Against Corrupt Leaders, CACOL, Muslim Rights Council, MURIC, and other Nigerians.
A defiant Mr. Saraki said in a statement on Saturday that all efforts to stampede him out of office are being orchestrated by his political adversaries, vowing to continue the battle until his case is dispensed by the court of law.
“They believe that the on-going trial at the Code of Conduct Tribunal provides them the opportunity to stampede Dr. Saraki out of office so that their defeated objective of getting their lackey into the office of Senate President will be realized. This is another desperate move by these spineless politicians to achieve through the back door what they failed to realize on the floor of the Senate,” his Special Adviser on Media, Yusuph Olaniyonu, said.
But the TMG rejected that position, arguing that Mr. Saraki has resulted to creating imaginary enemies for himself in order to court the sympathy of Nigerians.
“Saraki and his spin doctors are now running from pillar to post in a desperate last ditch effort to silence courageous voices. The result of this pathetic approach to clear questions of accountability, is a streak of hallucination that has led Saraki and his fellow legislooters to create imaginary enemies in order to conflate issues and deflect responsibility,” Mr. Zikirullahi said.
The TMG, therefore, reiterated its position that Mr. Saraki’s time as the President of the Nigerian Senate is up.
“Knowing that shame, contrition and conscience are alien to characters like these, it is not surprising that they continue to defy civilised standards in human conduct. Saraki should make no mistake about it; he is the man in the dock, having to face up to the consequences of his actions.
“Saraki is the one who has to cope with insomnia in this futile battle to erase the truth. He may bluff and bluster as much as he wants; the Nigerian people have made up their mind that his position is no longer tenable. There is no mistaking the fact that he has completely lost legitimacy.
“Like the exposed shell companies he secretly opened in Panama, he is now an empty shell. All his diversionary antics notwithstanding, TMG insists it is time for Saraki to go. That is the verdict of the Nigerian people; in due course, the voices of the people will prevail.”
The Senate President, Bukola Saraki has raised an alarm over plans by some politicians to sponsor protests marches and demonstrations in which some allegedly hired people would be given placards against him.
Bukola Saraki
This was disclosed by the office of the Senate President, signed by the Special Assistant on Media and Publicity, Yusuph Olaniyonu on Saturday.
According to the statement, sponsors of the proposed protest primary intention is to pollute public opinion against the Senate President.
Olaniyonu said: “As part of their plan, they are already distributing money and other materials to some faceless civil society Organisations, market men and women associations and other shadowy groups with a view to instigate demonstrations in Lagos, Abuja and Ilorin starting from Monday, April 11.
“They believe that the on-going trial at the Code of Conduct Tribunal provides them the opportunity to stampede Dr. Saraki out of office so that their defeated objective of getting their lackey into the office of Senate President will be realized. This is another desperate move by these spineless politicians to achieve through the back door what they failed to realize on the floor of the Senate.
“We are alerting members of the public to the antics of these desperate politicians which may result into breach of public peace, order and health. Dr. Saraki is a peace-loving and law abiding politician. The trial at the CCT is just beginning and while the prosecution’s witness has started giving evidence, he is yet to be cross-examined by the defence team. The defence has also not opened its own case. We urge members of the public to patiently wait for the conclusion of the case.
“Since the fundamental principle of our legal system is that an accused person is presumed innocent until he is found guilty, Dr. Saraki will not allow any distraction to take him away from his responsibility as President of the Senate and Chairman of the National Assembly,” Olaniyonu added.
Saraki has been in the glare of the media since he hijacked the leadership of the Senate against his political party, All Progressives Congress decision.
The Senate President has been facing 13-count criminal charge by the Federal Government
Senate President Bukola Saraki on Friday vowed not to succumb to calls for his resignation by Nigerians amid his corruption trial at the Code of Conduct Tribunal and the revelations in Panama Papers.
Bukola Saraki
Saraki, while responding to a Premium Times report on Friday, blamed politicians for the increasing calls for his resignation over his recent scandals.
A text message sent to the online medium by Saraki’s Special Adviser on Media, Yusuph Olaniyonu, said the Senate President would not yield to the growing pressure.
The statement said, “There’s a case in the Tribunal and a resultant appeal at the Court of Appeal.
“The underlining philosophy of our legal system is that an accused person is presumed innocent until found guilty.”
“Those who are contemplating calls for resignation want to circumvent the judicial system. They are obviously being sponsored by some politicians.
“The Senate President is not contemplating any resignation. He will surely have his day in court.”
Fresh documents published by the online medium had revealed that Saraki’s wife, Toyin, is a business front for her husband contrary to claims by the Senate President that the assets allegedly linked to him by the Panama Papers belonged to his wife’s family.
According to Premium Times, new documents it got from the database of the Panamanian law firm, Mossack Fonseca, showed that assets in Toyin’s name in tax havens were held in trust for her husband.
It was alleged that about four assets belonging to the Saraki family, which include Girol Properties Ltd., Sandon Development Limited, and Landfield International Developments Ltd., were tucked away in secret offshore territories.
For instance, the report stated that Girol Properties was registered on behalf of Toyin by Fonsecca on August 25, 2004, in the British Virgin Island, a year after her husband became the Governor of Kwara State.
But the assets were allegedly not part of the ones declared by the Senate President or Toyin when Saraki became governor and after he was sworn in as the nation’s number three citizen.
A German newspaper, Süddeutsche Zeitung, had earlier released the Panama Papers, publishing online 11.5 million documents from Mossack Fonseca, which showed how world leaders, celebrities, athletes, FIFA officials and criminals hid money using anonymous shell corporations across the world.
Saraki, while reacting to the report, had said that he was not obliged to declare under the law the assets allegedly linked to him because they belonged to the family of his wife.
However, fresh report by the online medium insists that that the assets actually belong to Saraki and not to Toyin or her family estate.
At least four assets belonging to the wealthy and famous Saraki family of Nigeria, all tucked away in secret offshore territories, have been uncovered.
Bukola Saraki
But the President of the Senate, Bukola Saraki, failed to declare them to the Code of Conduct Bureau (CCB) as required by Nigerian laws.
Mr. Saraki is yet to respond to PREMIUM TIMES’ request for comments. His spokesperson, Yusuph Olayinonu, did not return calls or respond to a text message seeking comments.
But in a written response to ICIJ, the Senate President insisted, through his UK lawyers, that he “declared his assets properly in accordance with the relevant legislation,” and that the charges against him “are both unfounded and politically motivated.”
Last September the CCB slammed false asset declaration charges on Mr. Saraki, accusing the Senate President, among other things, of failure to declare his assets in full.
Under the code of conduct law, a public office holder is required to declare his own assets, those of his wife as well as assets in the names of his children below the age of 18.
In his declaration form, Mr. Saraki listed property owned by his wife, Toyin Saraki, to include a plot of land at Lekki valued at N5 million, which he said was a gift he received in January 1989.
Mrs. Saraki was also listed as owner of a property at 15 Bryanston Square, London W1 and 69 Bourne Street, London.
While the first, which rental income was put at £48,000 with a value of £900,000, was acquired in January 1989, the second, which value was put at £2m and had rental value of £150,000, was acquired for business in April 2000.
However, a fresh investigation by PREMIUM TIMES and its media partners, has uncovered a hidden London property in the name of Toyin Saraki but which was left out among the assets declared by the Senate President.
The hidden property is located at #8 Whuttaker Street, Belgravia, London SW1W 8JQ. It has title number NGL802235.
Similarly, the Senate President stated in his assets declaration form that his wife held an account in Eco Bank Broad Street, Lagos, where she had N1.5 million at the time he became governor in 2003.
She also maintained an account in Coutts & Co Strand, London, where she owned £450,000 and $125,000 in addition to $3 million in Northern Trust International Banking Corporation Merrill Lynch Pierce Fenner.
Mrs. Saraki was also listed as maintaining substantial shares in European and American Trading Company, Tyberry Corporation and Eficaz Limited just as she held 500,000 shares, valued at £500,000, at P.C.C (U.K) Ltd. He was however silent on the number of shares the former first lady had in Haussmann and Tiny Tee (Nig) Limited.
Elaborate as the declaration in the name of Mrs. Saraki appeared to be, PREMIUM TIMES can authoritatively report that apart from the undeclared London property, three additional overseas assets in the name of the wife of the Senate President were hidden from the authorities and are missing from the assets declaration form.
Our investigations reveal that Mrs. Saraki owns secret companies in some notorious tax havens.
The hidden assets
The first, Girol Properties Ltd, was registered on August 25, 2004 (a year after Mrs. Saraki’s husband became governor of Nigeria’s north-central state of Kwara) in the British Virgin Island (BVI).
Company documents show that Mrs. Saraki owns 25,000 numbers of shares with a par value of US$ 1,00 each, and was appointed the first and only director of the company.
It however remains unclear what businesses Mrs Saraki transacted with the company. Mrs Saraki however, in a letter to ICIJ, through her lawyers, denies ever owning any shareholding in Girol Properties.
The second company, Sandon Development Limited, was registered in Seychelles Island on January 12, 2011 and has Mrs. Saraki and one Babatunde Morakinyo, (a long-term personal aide and friend of Mr. Saraki) of 11 Okeme Street, Lagos, as shareholders.
While incorporating that company, documents show, Mrs. Saraki bought a curious service from Mossack Fonseca & Co, the Panamanian firm that helped her to register the firm.
Perhaps to avoid being identified as the beneficial owner of Sandon, the Senate President’s wife asked Fonsecca to provide nominee directors for the company. Nominee directors are sometimes used in tax havens to conceal real owners of companies and assets.
She then made an undertaking indemnifying the Panamanian company “in respect of all claims, demands, actions, suits, proceedings, costs and expenses whatsoever as may be incurred or become payable by you in respect of or arising out of any member or employee or associate of your company or associated companies holding any office, directorship or shareholdings in the company or by reason of or in consequence of any act or decision made by any such person or company in connection with the management and/or administration of the said company.”
Shortly after the company was incorporated, Mrs. Saraki used it, in July 2011, to buy the property on Whuttaker Street, Belgravia, London SW1W 8JQ.
The property, acquired from Renocon Property Limited, a company registered in the British Virgin Island, was never disclosed to Nigerian authorities as required by the country’s code of conduct law.
The third hidden company in the name of Mrs. Saraki is Landfield International Developments Ltd., a company registered in the British Virgin Islands on April 8, 2014. It’s registration number is 1819394 while its registered office is 1 Akara Blog., 24 De Castro Street, Wickhams Cay 1, Road Town, Tortola, British Virgin Island.
According to Mossack Fonseca, the registered agent of the company, Mrs. Saraki, at least until January 27, 2015, was sole shareholder and beneficial owner of the company which had two nominee directors – Glaisd Alie Limited and NewGombe Limited – both appointed on September 2, 2014. Its agent says Landfield is authorized to issue a maximum of 50,000 no par value shares.
“In so far as is evidenced by the documents filed at the Registered Office, the Company is in existence and, in good standing,” Mossack Fonseca recently said of Landfield in response to an enquiry by one Laura Templeman, a Senior Associate for Ogier Group, a law firm based in the British Virgins Island. “According to the documents filed on the Company’s file as at 27th January, 2015, there are no actions, pending or threatened against the Company and no action has been taken to wind up the Company or to appoint a receiver or manager.”
Mrs. Saraki said she sold her shares in the company to a third party in January 2015, but PREMIUM TIMES is yet to sight any document to that effect.
In July 28, 2015, Mrs Toyin Saraki, who was the first lady of Kwara State between 2003 and 2011, was interrogated by Nigeria’s anti-graft agency, the Economic and Financial Crimes Commission (EFCC), in relation to awards of contracts during her husband’s tenure as governor.
The EFCC has not taken further actions since her interrogation, and nothing has been heard of the case since then.
A troubled husband
Mrs Saraki’s husband, Bukola, who is Nigeria’s third most powerful official by virtue of his position as Senate President, is facing a 13-count charge of alleged false declaration of assets.
He is being tried by the Code of Conduct Tribunal, a special court that tries public officers for any contravention of the Code of Conduct for Nigerian public officers as spelt out in the Fifth Schedule of the Nigerian constitution.
The Code of Conduct Bureau (CCB) and the Code of Conduct Tribunal (CCT) were established to enforce “a high standard of morality in the conduct of government business, and to ensure that the actions and behaviour of public officers conform to the highest standards of public morality and accountability.”
The Code of Conduct Bureau had on September 16, 2015 slammed charges on Mr. Saraki, accusing him of offences ranging from anticipatory declaration of assets, to making false declaration of assets in forms he filed before the Bureau while he was governor of Kwara state.
The Senate President was also accused of failing to declare some of his assets, acquiring assets beyond his legitimate earnings, and operating foreign accounts while being a public officer – governor and senator.
The offences, the charge said, violated sections of the Fifth Schedule of the Constitution of the Federal Republic of Nigeria 1999, as amended.
Mr. Saraki is also said to have breached Section 2 of the Code of Conduct Bureau and Tribunal Act and punishable under paragraph 9 of the said Fifth Schedule of the Constitution.
The Senate President has denied wrongdoings, saying the case was politically motivated and that he was merely being persecuted for emerging the President of the Nigerian Senate against the wishes of his political party, the ruling All Progressives Congress, which preferred a different candidate.
But this fresh revelation regarding hidden assets in tax havens might fuel the allegations against Nigeria’s third most powerful official and strengthen the prosecution’s case against the politician.
The Saraki family and ownership of offshore companies
Apart from Toyin Saraki, another member of the Saraki family popped up repeatedly as PREMIUM TIMES and its partners conducted a year-long investigation into the leaked Mossack Fonseca internal documents, which contained 2.6 TB files, involved 214,488 entities, and revealed hundreds of details about how former gun-runners, contractors and other members of the spy world use offshore companies for personal and private gain.
Laolu Saraki, brother to Senate President Saraki, also has several footprints in offshore financial havens, documents show. A number of shell companies are connected to the younger Saraki.
He is sole shareholder in some of the companies while sharing ownership with some business partners in others.
For example, documents show that Laolu is the owner of Polly Capital Holdings Ltd registered in Niue, a small island nation in the South Pacific Ocean.
Another document showed that after some years, Laolu brought in another person as co-owner. The company is now co-owned with a certain Richard Pembroke, who has 25,000 equity shares, just like Laolu.
Laolu’s other offshore companies are co-owned with his associates. Among the co-owners are Kojo Annan, son of former UN Secretary General, Kofi Annan; Obi Asika; Olufela Ibidapo who are all known figures in Nigeria.
Laolu and Kojo Annan hold equal shares of 25,000 in Blue Diamond Holding Management Corp. The duo, along with Mr. Asika, also own Sutton Energy Limited, registered in the British Virgin Island.
Mr. Asika owns 15,000 units of shares, the same amount owned by Laolu Saraki and Kojo Annan. Mr. Asika was a Senior Special Assistant to former President Goodluck Jonathan, and is closely connected to the Sutton Group.
Mr. Asika’s profile on the website of the Copyright Society of Nigeria (COSON), of which he is Board member, refers to him as Founding Partner & Executive Director, Sutton Group from June 1999 to October 2002.
The connection between Mr. Annan and Mr. Asika seems clear, as Mr. Annan sits on the Board of Mr. Asika’s another company,Dragon Africa. Additional documents show that the trio – Laolu, Kojo and Asika – also co-own Sapphire Holding Ltd., a company located in Samoa, a tiny Island of an estimated 194,320 people in the South Pacific.
Company documents also indicate that Ensol Limited (Environmental Solutions), registered in the Republic of Seychelles, with registration number 028376, partly belongs to Laolu.
The company is co-owned with Ama Annan, a relative of Kofi Annan (former UN Secretary General), who was appointed director on May 19, 2006 but ceased to be director on July 2, 2008.
Another Nigerian, Olufela Ibidapo, was then appointed to replace her on January 4, 2010.
Mr. Ibidapo is the current Head of Corporate Affairs at Heritage Bank, a successor bank to the defunct Societe Generale Bank of Nigeria, largely owned by the Saraki family but whose operational license was revoked by the Central Bank of Nigeria in January 2006 following the re-capitalisation policy in the banking sector.
The bank however returned with a new name (Heritage Bank) in 2012 following the order of the Federal High Court, compelling the central bank to restore its operational permit after it declared that it had amassed the required capital base to return to business.
It however remains unclear why the Saraki’s incorporated the offshore companies linked to them or what businesses they transacted with the entities.
While that may not be the case with the Sarakis, some business people in Nigeria and elsewhere are known to have created Shell companies offshore for a host of dodgy business reasons, which include hiding assets, avoiding tax or as fronts for illegal deals. Shell companies are however not entirely illegal, and not all owners use them for dubious purposes.
We have done nothing wrong – the Sarakis
Mr. Saraki and his wife denied any wrongdoing.
Responding to separate written demands for comments, the couple maintained that it is not illegal to hold shares in offshore companies.
In a letter to ICIJ by the London-based law firm of Discreet Law, Mr. Saraki said he declared his assets properly in accordance with the relevant Nigerian legislation.
Mrs. Saraki, in a separate letter to the ICIJ through another London-based law firm, Harbottle & Lewis, also insisted that she “made all required disclosures in relation to her shareholdings.”
In their separate letters, the couple threatened to sue should the ICIJ and its partners proceed to publish information about the undeclared offshore assets, with Mrs Saraki saying any publication concerning her private financial information infringes on her privacy and breaches the Data Protection Act 1998.
Will Fitzigibbon (International Consortium of Investigative Journalists), contributed reporting to this story.
Senate President Bukola Saraki has expressed the determination of the National Assembly to make the details of its annual budget available to members of the public next week.
Bukola Saraki
Saraki said the development would be a departure from the tradition of having one line item budget by the federal parliament.
The Senate President, according to a statement by his Special Assistant on Public Affairs, Muhammed Isa, on Sunday, stated this while hosting a team of editors from the London-based The Economist newspaper
He said, “For the first time, we promised Nigerians to give out our budget breakdown. The committee will make its report available by next week. We are resolved to break the tradition of one line item.”
He also pledged to support the President Muhammadu Buhari administration’s fight against corruption.
“Under my watch, the Senate will never cover corruption except if the information didn’t come to us,” he added.
Saraki stated that the Senate was ready to partner Buhari to ensure the success of the anti-corruption war.
The Senate, he added, had already demonstrated such commitment through its interventions in many alleged corrupt transactions such as its swift investigation and adoption of a report on the management of the Treasury Single Account that saved the nation about N7bn.
He added that the upper chamber exposed the inconsistencies in the 2016 budget.
The action, he said, was a departure from the past where such reports were either watered down or not presented for debate and adoption.
He cited the report he presented to the seventh Senate on the over N1tn fuel subsidy scam that never saw the light of the day, as an example.
Saraki noted that party differences existed between the senators, citing the example of the leadership tussle in the chamber. He, however, pledged that, national interest and the desire of each senator to fulfil the promises made to Nigerians had become the guiding principle of the lawmakers.
On the economy, he said the Senate had embarked on a series of legislative interventions to create a conducive environment for the private sector.
He stated, “It is only when the private sector thrives that the issue of unemployment will be addressed and the nation’s GDP will increase.”
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.
Former Governor of Rivers State, Mr. Chibuike Amaechi, monday denied storming out of the residence of the Senate President, Dr. Bukola Saraki, over the deferment of his screening last week.
In a statement signed by his media aide, David Iyofor, Amaechi said the story was
not true, adding that there was a deliberate and carefully calibrated attempt to characterise Amaechi with a very bad and demeaning mannerism.
The former governor said he holds the office of the President of the Senate in very high esteem and would never disrespect or act in anyway that would put the office in disrepute.
“We must clarify that Amaechi did not visit and was not at the residence of the Senate President last Thursday so, there is absolutely no way what the newspaper sources claimed to have transpired, happened.
“We must emphasise that Amaechi holds the office of the President of the Senate of the Federal Republic of Nigeria in very high esteem and will never disrespect or act in anyway that would put the office in disrepute.
“However, in this case, the incident reported never occurred either on Thursday or any other day,” he said.
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.
The Rivers State Chapter of the Peoples Democratic Party, PDP says the letter written by the embattled former Governor of the State, Mr Rotimi Amaechi urging the Senate President, Bukola Saraki to disregard the Rivers State Government White Paper on the report of the Judicial Commission of Inquiry for the investigation of his administration on the sale of valued assets and other related matters, which indicted him, (Amaechi), lacks merit and logic.
Rotimi Amaechi
The State Chairman of the PDP, Bro Felix Obuah made the assertion while reacting to the letter by Mr Amaechi to the Senate President, Saraki.
According to Bro Obuah in a statement by his Special Adviser on Media and Publicity, Jerry Needam, Amaechi’s letter to the Senate President is an attempt to ignore the White Paper report, undermine the crusade against corruption and expose President Buhari’s fight against corruption as partisan and targeted at only members of the opposition and perceived enemies.
“The invitation and interrogation of the Senate Minority Leader, former governor of Akwa Ibom State, and one of the leaders of the Peoples Democratic Party, PDP, Senator Godswill Akpabio, by the Economic and Financial Crimes Commission, EFCC, while Mr Rotimi Amaechi, indicted for corruption is freely going about lobbying to become a minister, is a pointer that Buhari’s fight against corruption is targeted at the opposition and perceived enemies”, the statement revealed.
The PDP said the monumental fraud discovered by the Judicial Commission of Inquiry and huge revenue lost when Amaechi was governor of Rivers State cannot be ignored.
It could be recall that Amaechi was invited to answer questions on allegation of fraud against him but refused to appear before the Judicial Commission of Inquiry
Bro Obuah drew the attention of the Senate President, Saraki to the combined provisions of Sections 66, (1) (h) and 147 (5) of the 1999 Constitution, as amended, which unambiguously disqualifies Mr Rotimi Amaechi from being a minister of the Federal Republic of Nigeria.
If in doubt, the PDP counseled Mr Amaechi to seek interpretation of the relevant sections of the constitution from his lawyers.
“The combined effect of sections 66 (1) (h) and 147 (5) of the 1999 constitution of the Federal Republic of Nigeria, as amended and read together disqualifies Rotimi Amaechi from becoming a Minister of the Federal Republic of Nigeria.
“Therefore, Amaechi’s letter to the Senate President should be disregarded. It lacks merit and contradicted the provisions of the Constitution of the Federal Republic of Nigeria, 1999, as amended.
“The letter to the Senate President further makes mockery of Amaechi and amounts to desperation and glorification of corruption.”
Mixed reactions have trailed the proposal by the national assembly to grant immunity to its presiding officers with many Nigerians describing the move as unnecessary and Ill timed.
Senate
The minority leader of the House of Representatives Hon. Leo Ogor was quoted as saying that the national assembly was proposing to amend the constitution to grant immunity to the presiding officers as well as the head of the judiciary as enjoyed by the president t and his vice and governors and their deputy.
But speaking with Vanguard in Abuja, respondents said the move was not borne out of altruism.
According to a lawyer, Barrister Manasseh Ejiofor, the proposal was uncalled for and smacks “legislative rascalism”
“Why are they bringing up the issue of immunity now? Whose interest are they serving? There are so many issues for the national assembly to address the least of which is the issue of immunity for its presiding officers. They should concentrate on making laws for the benefit of Nigerians and not their selfish selves.
“For instance, why can’t the national amend some of our laws that are obviously regain and needs to be brought in tune with modern realities. Granting immunity to the presiding officers of the National Assembly is the least problem that we have now. It is being done in bad faith” he said.
Another respondent, a senior civil servant who does not want to be named because of his status said the proposed amendment was just to protect the selfish interest of the assembly members.
“It is surprising that of all the laws that need amendments, the national assembly is contemplating granting immunity to its presiding officers. Nigerians elected them to make laws for the general well being of Nigerians and not a few members of the National Assembly. Nigerians should resist this move because it is not borne out of altruism” he said.
Another lawyer, Barrister Samuel Oloruntoba in his reaction said the move is to divert attention from the searchlight being beamed on the leadership of the National Assembly.
“Why have they not amended our laws to make it more difficult for civil servants to steal money? Why have they not made laws to make it more difficult for the kidnappers to operate freely. This proposed amendment is nothing but a self serving move and should be rejected by Nigerians ” he noted.
But a former members of the House of Representatives in his reaction said the amendment was necessary in order to shield the legislature from unnecessary interference from the executive.
“If the amendment scales through, it will strengthen the legislature against unnecessary interference from the executive and guarantee the independence of the legislature. Our democracy is still work in progress so we need such a law to make the institution stronger” the former lawmaker who does not want to be named said.
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 Presidency on Sunday declared that attempts to link the ongoing trial of the Senate President, Senator Bukola Saraki to the Presidency are unacceptable.
General Buhari
It also said that those claiming that the Code of Conduct Bureau (CCB) and the Code of Conduct Tribunal (CCT) were acting on external instigation were uninformed.
A statement by Garba Shehu, the Senior Special Assistant to the President said that there is no place in law that the Bureau and the tribunal should take instructions from any quarters.
As an independent institution equal to any superior court of record, he pointed out that the tribunal is set up by the constitution to determine the issue of default,false declaration or forgery in assets declaration.
The statement reads: “This therefore is purely a judicial process and has nothing to do with the presidency.
“If anyone has an axe to grind with what they are doing, they should do it in a judicial manner by challenging those actions in a proper court of law.
“Let them hire a good team of lawyers to prove their innocence. Government has no desire to persecute anybody,” he added.
He said that the President has vowed to respect the rule of law and is doing that by staying out of the matter.
According to Shehu, the President has said times without number that the war against corruption has no sacred cows.
“Even if the President wants to help, there is no way he can do anything. Is he going to ask the judge to stop the trial?
“It is purely a judicial process, the type of which are routinely dealt with by the CCB and the CCT. There are many cases like this that are going on.
“The President has sworn to an oath to protect the constitution and will not violate that oath,” he stated.
• Police await warrant of arrest • CCT chairman shuts down phones to stave off pressure • South-East Senator implicated in Saraki’s ex parte application drama
There was anxiety yesterday following the relocation of the President of the Senate, Dr. Bukola Saraki, from his personal residence in Maitama District in Abuja.
Bukola Saraki
He was said to have moved to the official Guest House of the Office of the President of the Senate for “security reasons.”
It was learnt that the invasion of the Guest House by the police to arrest Saraki might be considered an assault on the Senate.
But the police were still awaiting the warrant of arrest from the Code of Conduct Tribunal on yesterday.
To stave off pressure, the Chairman of the Code of Conduct Tribunal, Justice Danladi Umar, has allegedly switched off all his mobile lines.
Findings by our correspondent revealed that Saraki has moved out of his personal residence to an official apartment for “strategic reasons and safety.”
A source said: “The President of the Senate has relocated from his personal house in Abuja. Saraki is now staying in the official Guest House of the President of the Senate which is like a sacred place like the hallowed chamber of the Senate.
“If the police and security agencies invade or storm the place, it will amount to a slap on the upper chamber. This can make the Senate to join issues with the Executive despite the fact that there is no immunity for any National Assembly leaders.
“He has also been consulting with his strategists on how to vacate the Bench warrant against him by the Code of Conduct Tribunal.”
When contacted, an aide to the Senate President, however, said: “He actually moved to the Guest House since Monday because of the ongoing renovation in his personal residence due to a recent fire incident.”
As at press time, however, the police could not effect the arrest of Saraki because it was still awaiting a copy of the Bench warrant from the Code of Conduct Tribunal (CCT).
There were indications that the warrant might be sent to the police on Monday.
The Force Public Relations Officer, Mrs. Olabisi Kolawole, said: “We are yet to receive the bench warrant.”
She avoided further comments when pressed to expatiate on the development.
A top source said: “I think the long session of the tribunal on Friday accounted for the delay in making the warrant available to the police.
“And a tribunal will have no justification for issuing warrant of arrest on Saturday when it is not an official period.
“The police have to be careful because any procedural error in the execution of bench warrant could affect the merit or otherwise of the case at hand.
“The police can get the warrant by 8am on Monday and effect the arrest of the President of the Senate immediately.”
All attempts to speak with the Chairman of CCT, Justice Danladi Umar failed as his phones had been switched off.
An official of the tribunal could not immediately ascertain the status of the bench warrant.
The official said: “I cannot give you the status on the bench warrant until Monday. I knew it was being processed after the session on Friday.
“On the CCT chairman, he has to switch off because of pressure from politicians, friends and associates. Some people are just desperate to either speak or meet with him on the matter.
“Also, the case is sensitive and all his lines and other tribunal members will now be subjected to security checks by relevant agencies. Even some supporters of the defendant will be monitoring the call logs of Justice Umar.”
Meanwhile, a Senator from the South-East is being investigated by security agencies for allegedly being the brain behind the ex parte motion filed at a Federal High Court in Abuja to restrain the Code of Conduct Tribunal, Code of Conduct Bureau, and the Office of the Attorney-General of the Federation from arraigning Saraki .
A security source said: “The said Senator is used to procuring ex parte order at will from the Federal High court. We are studying his antecedents, his relationship with some judges.
“The entire process was swift. We want to probe whether or not there was substantial compliance with the relevant rules and the role of the said Senator.”
Supporters and loyalists of the Senate President, Dr. Bukola Saraki have engaged in vigil and fasting.
One of the conveners of the prayers, Mr. Kayode Yusuf, who is popularly called ‘Maja,’ in an interview with our correspondent in Ilorin, the Kwara State capital on Saturday, said prayer sessions were being held all over the state, especially in the Ilorin motropolis.
Bukola Saraki
He said he had mobilised over 500 Muslim clerics while about 1,000, including the Chief Iman of Ilorin, Mohammad Solihu were praying in different areas in the state for Saraki’s victory.
“Yusuf, who is the convener of ‘Maja Elders Forum’, called on President Buhari to intervene and prevent the polity from being over-heated.
He expressed the hope that Saraki’s travail would soon be over.
Yusuf said, “We in Kwara are powerless. The only thing we can do is to support him (Saraki) with prayers. We have no money, soldiers, police or any other security apparatus. We are just ordinary citizens of Kwara and Nigeria. But we in Kwara, especially in Ilorin, believe in the power of prayers.
“All of us in Ilorin, including the Chief Imam of Ilorin, are involved in the prayers. Saraki is our leader. He must not come down. Within the short time that he was elevated as the Senate President, we know what we have benefited from him.
“I have mobilised more than 500 Imans and over 1,000 others are praying in different areas. They have been praying and fasting. Even the women are praying for him. Saraki is our benefactor. Even the uneducated do not want anything to happen to Bukola Saraki. They are not sleeping but are also praying. The prayers will last till Saraki’s ordeal is over.”
In a related development, a coalition of civil society organisations under the aegis of Heritage Centre and the National Association of Nigerian Students have threatened to lead mass protests to foreign embassies in Abuja to protest alleged political vendetta being carried out against the Senate President.
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.
The Northern Ethnic Nationalities Unity Congress (NENUC) yesterday called for the resignation of the Senate President Dr Abubakar Bukola Saraki.
Bukola Saraki
The call came just as the Code of Conduct Bureau (CCB) secured a bench warrant for the arrest of the embattled Senate President by the CCB Tribunal over allegations of false declaration of assets dated back to 2003.
The group said the Senate President should resign before he drags the image and reputation of the office he presently occupies further in the mud.
Speaking with reporters yesterday, the National President and Convener of the group, Mr Bako Benjamin, said it is disgusting that the Senate President would rather be seeking court’s protection than going before the anti graft agency to clear his name of the charges.
“Let the Senate President come to equity with clean hands. Let him defend himself against all the charges levelled against him in the spirit of the new wind of change blowing across the country,” Benjamin said.
He said the anti-corruption war spearheaded by the President Muhammadu Buhari administration would be futile if people like the Senate President continue to seek protection from the law courts rather than presenting themselves for the acid test.
Benjamin, who noted that the recourse to the court itself is an admission of guilt, said: “Seeking protection from the law courts is sending a strong signal that he (Saraki) has something to hide.”
The group, he said, has therefore given the Senate President a three-day ultimatum to honourably resign to prevent impeachment proceedings against him for his eventual removal from the exalted office.
NENUC said Saraki’s continued stay in office is “capable of sending wrong signals to the international community and pose a huge question mark on President Buhari’s commitment to ridding the nation of corruption.
He said NENUC would not hesitate to mobilise other well-meaning Nigerians to march on the National Assembly in protest should the Senate President refuse to honourably resign from office within reasonable time.
The battle of wills rocking the leadership of the All Progressives Congress may soon be over.
Multiple sources told SUNDAY PUNCHthat contrary to his public posturing of defiance, the Senate President, Bukola Saraki, had started reaching out to some of the aggrieved leaders of the party.
Bukola Saraki
Saraki is one of the gladiators in the clash of egos and wills that followed the Senate leadership election on June 9 and subsequent appointment of principal officers.
The Senate President had earlier visited former President Olusegun Obasanjo to help him beg President Muhammadu Buhari.
He also reportedly met with the Emir of Kano, Lamido Sanusi, on the same matter.
During the week, some emissaries sent by Saraki met with President Buhari and sought forgiveness for the Senate President for acting contrary to the dictates of the party.
The emissaries included Senate Leader Ali Ndume, Senator Kabiru Gaya, Senator Adamu Aliero, Senator Danjuma Goje, and Senator Abdullahi Adamu.
A report in a national daily on Saturday also said the emissaries apologised to the President for the individual roles they played in the crisis.
However, sources in the party told SUNDAY PUNCH on Saturday that the emissaries also had a brief to meet with the party’s national leader and former Governor of Lagos State, Senator Bola Tinubu.
Many within the party see the crisis as a battle of wills with Buhari, Tinubu and some party leaders on one side of the ring and the Senate President and his backers on the other side. One of the prominent APC leaders that is believed to have backed Saraki is former Vice President Atiku Abubakar.
But sources told our correspondent that Saraki, of recent, had made strenuous efforts to meet and appeal to Tinubu to sheathe his sword.
Our correspondents report that Saraki’s olive branch to Tinubu may mark a turning point in the crisis as the Senate President, before now, had insisted that he would not ‘beg’ the APC leader.
But the sources added that Saraki might have changed his position when all his efforts to get President Buhari to forgive him for his defiance to the party and move on.
It has been widely reported that Buhari has refused all entreaties to host the Senate President at the Presidential Villa since the controversial election in the senate. The President had also said the leadership of the senate should tow the party line.
Two APC officials who spoke to our correspondent yesterday shed light on Saraki’s last two attempts to reach out to the APC national leader. They said that one attempt occurred three weeks ago while the other took place on Thursday in Abuja.
“Three weeks ago he tried to get across to Tinubu through one of his aides. Of course, the aide couldn’t have arranged the meeting. Tinubu’s disposition to the matter is well known,” the source said.
The APC national leader, sources said, had told some of Saraki’s emissaries in the past that the senate leadership should toe the party line.
Another source said the last attempt took place during the week when the APC senators, who met with the President at the behest of Saraki, also tried to get across to Tinubu. A source close to Tinubu said while the former Lagos governor was aware of the move, his position on the matter had not changed.
The source stated that Saraki needed a long-term strategy to pacify the aggrieved party leaders, adding that the Senate President’s is perceived as haughty by some of these leaders.
“It is a surprise that he is reaching out to Tinubu. Saraki has no respect for Tinubu. He is contemptuous of him. During meetings he refers to him contemptuously as “Bola”. In fact there was a time that Tinubu wanted to explain a point to him and he shut him up,” the source said.
The source may have alluded to the cultural norm in Tinubu and Saraki’s Yoruba ethnic group where an elder is not addressed by his first name. Tinubu is 63 while Saraki is 52.
But the source close to the APC leader insisted that the national leader had no ‘ego problem’ with Saraki.
“Tinubu’s take is that the senate should toe the party line. It is not a personal problem at all. If it were a personal problem, the President won’t be reacting the same way.”
The National Publicity Secretary of the APC, Mr. Lai Mohammed told one of our correspondents on Saturday that the APC believes in party supremacy.
He said, “I can’t comment on the story you are asking me about. However, the APC has made its position on party supremacy known.”
The spokesman for the Senate President, Mr. Yusuph Olaniyonu, could not be reached on Saturday night. Calls and a text message sent to his line were not responded to.
