THE Code of Conduct Tribunal, CCT, sitting in
Abuja, yesterday, ordered the arrest of the Senate
President, Dr. Bukola Saraki following his refusal to
appear in court to face a 13-count criminal charge
that was preferred against him by the federal
government.
The tribunal which is headed by Justice Danladi
Umar, directed the Inspector General of Police, IGP,
Mr. Solomon Arase and other relevant security
agencies in the country to arrest the Senate
President and produce him in court on Monday for
arraignment.
Saraki was in the charge before the CCT, marked
ABT/01/15 and dated September 11, 2015, alleged
to have falsely declared his assets, contrary to the
constitutional requirement.
He was accused of deliberately manipulating the
assets declaration form that he filed prior to his
assumption of office as the Senate President, by
making anticipatory declaration of assets.
The offence was said to have been committed
while Saraki held sway as a governor.
Aside allegation that he owned and operated
foreign bank accounts while being a public officer,
Saraki is expected to explain before the CCT how
he acquired some assets which the federal
government believes were beyond his legitimate
earnings.
Meantime, Saraki who was billed for arraignment
yesterday, refused to appear before the tribunal,
even though he sent his team of lawyers, led by a
former President of the Nigerian Bar Association,
NBA, Mr. J.B. Daudu, SAN, to file memorandum of
conditional appearance on his behalf.
When his case was called up, one of his lawyers,
Mr. Mahmud Magaji, SAN, notified the tribunal
about the ruling by Justice Ahmed Mohammed of
the Abuja Division of the Federal High Court, which
had on Thursday, summoned the Ministry of
Justice over the charge against Saraki.
Justice Mohammed had after he heard an ex-parte
application by Saraki, also summoned the
Chairman of the tribunal, Justice Umar and that of
the Code of Conduct Bureau, CCB, Mr. Sam Saba,
to appear before him on Monday.
They were specifically asked to appear to show
cause why an interim order of injunction stopping
Saraki’s trial should not be granted.
Meantime, irked by Saraki’s absence at the tribunal
for the commencement of his prosecution
yesterday, the Ministry of Justice, prayed the
Justice Umar-led panel to order for his arrest.
Moving the oral application for a bench warrant to
be issued against Saraki yesterday, a deputy
director in the office of the Attorney General of the
Federation, Mr. M.S. Hassan, maintained that the
accused person, “cannot sit in the comfort of his
chamber and object to his trial in absentia”.
The prosecution further contended that Justice
Mohammed lacked the powers to summon the CCT
and CCB chairmen, even as it accused Saraki of
engaging in “forum shopping” in a desperate bid to
scuttle his trial.
Hassan argued that going by the provision of
section 396 of the Administration of Criminal
Justice Act, 2015, Saraki, could only object to the
trial after he had entered his plea to the charge
against him.
“My lords, the provision of this section is clear to
the effect that any objection to a charge shall be
raised after plea, which means that the accused
person must be in court and the charge read to
him before any objection.
“Moreover, paragraph 17 of the Third Schedule to
the 1999 constitution, as amended, empowers this
tribunal to try the accused person”.
The prosecuting counsel described Saraki’s
contention that he cannot be prosecuted in the
absence of a substantive Attorney General of the
Federation, AGF, as “a clear misconception of the
law”.
He argued that the power to initiate criminal
proceeding before any court or tribunal is not
limited to the AGF alone, adding that section 175 of
the constitution provides that any officer in the
office of the AGF is qualified to initiate criminal
proceeding in any court of law or tribunal in
Nigeria, except the court martial.
Placing reliance on decided case law in FRN vs
Adeyemi, 2010, 10-NWLR, and section 2 & 4 of the
Law Officers Act, the prosecution stres-sed that in
the absence of a substantive AGF, the Solicitor
General of the Federation could perform all the
duties that were imposed by the law on the office
of the AGF.
“We also rely on section 24(3) of the CCB
&Tribunal Act to submit that the charge against the
accused person is proper and competent.
“The Federal High Court lacks the power to compel
this court before it. They are both superior courts
of record with coordinate jurisdiction, and are both
recognised by the constitution. Appeals from this
court go straight to the Court of Appeal.
“The Federal High Court does not have supervisory
jurisdiction over this court. It only has power over
inferior tribunals, not a court of competent
jurisdiction as this court.
“The accused person cannot stop us from
performing our constitutional duties. He cannot sit
in the comfort of his chamber and say my lawyer
will do it for me. This is a criminal case, not a civil
matter.
“We therefore urge my lords to issue a bench
warrant for the arrest of the accused person”, the
prosecutor added.
BENCH WARRANT
Ruling on the application , the tribunal while
upholding FG’s argument, stressed that Saraki,
having sworn to protect the constitution, ought to
have shown respect to the tribunal by appearing
before it today.
“I have taken notice of the fact that there is no
incumbent AGF in office, but that does not preclude
any officer from the Ministry of Justice from
initiating this criminal proceeding “, Justice Umar
held.
The tribunal noted that whereas the AGF has the
sole right to exercise the power of ‘nolle
prosequi’ (power to terminate charge), it said that
such exclusive right does not include the initiation
of criminal trial.
It further observed that Saraki was duly served
with the charge and a notice to appear in court
yesterday, on September 16.
“This tribunal is established under section 15(1) of
the Fifth Schedule to the 1999 constitution as a
special vehicle vested with the powers to promote
probity and accountability in the public service.
“This tribunal has coordinate jurisdiction with the
FHC. In view of section 306 of the Administration of
Criminal Justice Act, this tribunal cannot accede to
the request to halt this proceeding. A superior
court of record cannot issue an order prohibiting
or restraining the proceeding of another court of
equal status.
“This tribunal has called the defendant to come
before it and stand trial. As a senior citizen he is
expected to show respect to constitutional
provisions which he has sworn to protect.
“The tribunal hereby orders the IGP or other
relevant security agencies to arrest and produce
the defendant for prosecution. In view of the
foregoing, the tribunal orders a bench warrant to
be issued against the defendant”, the court ruled.
Spirited effort by Saraki’s lawyers to persuade the
tribunal to consider the position of the accused
person as the Senate President and stay the
execution of the bench warrant against him on the
undertaking that he will be available for trial on
Monday, failed flat yesterday.
SARAKI APPEALS
Meanwhile, in a swift reaction, Saraki, yesterday,
went before the Court of Appeal in Abuja to
challenge the powers of the CCT to try him, as well
as the refusal of the tribunal panel to discharge the
bench warrant for his arrest.
In his one ground of appeal, Saraki, insisted that
the trial tribunal erred in law and also acted
without jurisdiction by countenancing and
assuming jurisdiction over his criminal trial/
prosecution for a charge that is being challenged
at the FHC Abuja in suit No FHC/ABJ/CS/775/2015,
between him and the Ministry of Justice and 3 Ors.
He argued that the tribunal acted in disobedience
to the order the FHC made on Thursday. Listing the
particulars of error by the tribunal, Saraki, told the
appellate court that “as at the time the lower
tribunal overruled the appellant’s application to
discharge the order for bench warrant for his
arrest by the respondent, there existed an order of
the FHC, Abuja, dated September 17, which was
served in the lower tribunal, who were party to the
suit”.
It was his argument that having filed an application
challenging the jurisdiction of the tribunal to
adjudicate on the charge before it, he needed not
to be present in court yesterday.
More so, Saraki, argued that the tribunal did not
avert its mind to the decided case laws in Doma vs
Ogiri, 1997, 1-NWLR, and that of Ojukwu vs
Governor of Lagos state, 1986, 3-NWLR.
He therefore sought an order of the appeal court
setting aside the order of arrest that was issued
against him by the tribunal.
The embattled Senate President had in a13 -
paragraphed affidavit that was deposed to by one
Efut Okoi, told the high court on Thursday that his
trial was politically motivated.
He told the court that since May 29 when the life
span of the administration of former President
Goodluck Jonathan expired, the administration of
President Muhammadu Buhari had yet to appoint
an AGF.
“That upon assumption of office, President Mu
hammadu Buhari has made several appointments
ranging from the Secretary to the Government of
the Federation to Senior Special Advisers and
Special Assistants.
“That I also know of fact that President
Muhammadu Buhari is yet to appoint Ministers and
other key Executive Officials.
“That is is also a fact that the Federal Ministry of
Justice does not have an Attorney General/
Ministry of Justice yet”.
He argued that on September 14 when the 4th
Defendant/Respondent (M.S. Hassan) took steps to
initiate the charge before the CCT, he was never
directed by any AGF to do so, since there exists no
substantive AGF.
“That the charge pending before the CCT is
predicated upon the falsehood that the plaintiff/
applicant did not declare his assets in 2003, 2006
and 2011.
“That the applicant has consistently declared his
assets as required by law at every point before
resuming any political office and that of 2015 was
not exception.
“That the 2nd defendant/Respondent had
investigated the assets and ascertained the claims
made by the plaintiff”.
He said that he submitted his asset declaration
form in 2007, 2011 and 2015, saying “the present
charge was initiated due to external influence and
undue interference on the CCT”.
He told the court that the CCB never wrote to him
to complain of any inconsistency in his asset
declaration form.
Saraki averred that the charge was “purely a
malicious and politically motivated prosecution
aimed at undermining the person and office of the
Senate President.
“That it is a fact that this charge pending before
the CCT is a case of desperation to intimidate the
applicant due to his recent stance on national
issues.
“That the applicant had suffered series of
harassment and intimidation in the hands of the
officials of the 1st defendant”, he added.
In the charge, Saraki was accused of breaching
section 2 of the CCB and Tribunal Act, an offence
punishable under section 23(2) of the Act and
paragraph 9 of the said Fifth Schedule of the 1999
Constitution, as amended.
FG alleged that Saraki claimed that he owned and
acquired No 15A and 15B Mc Donald, Ikoyi, Lagos,
through his company, Carlisle Properties Limited in
2000, when the said property was actually sold by
the Implementation Committee of the Federal
Government landed properties in 2006 to his
companies, Tiny Tee Limited and Vitti Oil Limited
for the aggregate sum of N396, 150, 000, 00.
He was alleged to have made false declaration on
or about June 3, 2011, by refusing to declare plot
2A Glover Road, Ikoyi, Lagos, which he acquired
between 2007 and 2008 through his company from
the Central Bank of Nigeria for a total sum of N325,
000, 000, 00.
Similarly, Saraki was said to have refused to
declare No1 Tagnus street, Maitama, Abuja, which
he claimed to have acquired in November 1996
from one David Baba Akawu.
Some of his alleged offence while in office as
governor, which are said to be punishable under
section 15(1) and (2) of the CCB and Tribunal Act,
Cap C15, Laws of the Federation of Nigeria, 2004,
were allegedly committed between October 2006
and May 2007.
His actions were classified as a gross violation of
the Fifth Schedule of the Constitution of the Federal
Republic of Nigeria 1999, as amended.
“The Federal High Court on Thursday, September
17, 2015, therefore ordered that the 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 with
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. Let us all
learn from history.
“The Senate President is a law abiding citizen who
will not do anything to undermine the judicial
process and authority. However, Dr. Saraki will
always act to protect his fundamental human
rights.
“The Senate President is a law abiding citizen and
his absence from the Tribunal today was based on
the legal advice he received from his counsel that
the Tribunal will respect the decision of the Federal
High Court which is obviously a superior court of
records. Also, he relied on a letter from the Chief
Justice of Nigeria directed to the Chairman of the
Tribunal last May that they are not judicial officers
and are inferior to the regular High Court as
defined by the law and that they take official oath
not judicial oath.
“We will like to state therefore that Dr. Saraki will
not do anything to undermine the judicial process
and authority but he will always act to protect his
fundamental human rights.”
http://www.vanguardngr.com/2015/09/alleged-false-declaration-of-assets-court-orders-sarakis-arrest/

These guys just dey use we Nigerians heads play

Lets wait till monday mr senate president!

CCT refused to obey an order of FHC but they want their order to be executed. Our blind support for political party has made us to glorify illegality.

Saraki you are not above the law. You will vacate your seat - the only question is, When?

Ole

WTF do u tink u are ??

We hav every rite to arrest
Nonsense oya Sargent take him away

This can only happen in Nigeria where the number one law maker and alleged criminal is now the the one going against thesame law and expected not to be arrested. Time will tell

nnachukz:
CCT refused to obey an order of FHC but they want their order to be executed. Our blind support for political party has made us to glorify illegality.

Guess u just woke up.

High court and CCT are mates non of them can order another around.

The only option is an appeal court which Saraki has gone to appeal his arrest.

Good

egift:
Saraki you are not above the law. You will vacate your seat - the only question is, When?

Yesoo Saraki must surely vacate his seat in June 2019

dammytosh:


Guess u just woke up.

High court and CCT are mates non of them can order another around.

The only option is an appeal court which Saraki has gone to appeal his arrest.

The CCT is an inferior court of record while the FHC is a superior court of record They do not have the same powers

dammytosh:


Guess u just woke up.

High court and CCT are mates non of them can order another around.

The only option is an appeal court which Saraki has gone to appeal his arrest.

my dear, CCT is an inferior court. They are not equal with FHC. Make your research very well and stop supporting illegality unknowingly.

chukwudi44:

The CCT is an inferior court of record while the FHC is a superior court of record They do not have the same powers

Pa Chukwudi, please quote the relevant section of the law to the effect that this is correct. Abi this your inferior vs superior analysis no dey Laws of the Federal Republic of Nigeria?

chukwudi44:

The CCT is an inferior court of record while the FHC is a superior court of record They do not have the same powers

Pa Chukwudi, please quote the relevant section of the law to the effect that this is correct. Abi this your inferior vs superior analysis no dey Laws of the Federal Republic of Nigeria?

This CCTv self, just captured Saraki like that.
Still on anti-corruption, that is the substance if the issue and that is what will strip Saraki off his post.
The legal form is then left to the legal team depending on what is targeted on Saraki's political career and the legal team's strength.

Saraki should be well prepared for a very roudy session when he resumes (thatz if he is still SP). He should take good care of the maze and have enough pre-written court orders preventing his impeachments.

Nothing will come out of this

Confusion every wher in nigeria,at least d tribunal wud have respected d existing court order because it came first,bt politicians hve invaded d hallowed temple of justice to bargain for justice xo no more rule of law...am still goin tru d constitution to ascertain weda such a charge can b filled without d consent of d Hon Attorney General

what sort of nonsense is this. well meaning Nigerians should pray that saraki remains in that seat because we can't imagine the disaster to befall this country if an executive pocketed Senate President emerges. cause that's what apc wants, someone they can control. yes saraki is corrupt but I have never seen justice being so fast like this in Nigeria, just because the executive branch wants to bring the man down before the end of September. so they can submit their ministerial list without saraki in power.

if the Nigerian govt are so sophisticated to bring back crimes committed in 2003, I think they should also involve the crime of obj, orji kalu, tinubu etc. with that there would be no shout of crucifixion.

this is the same buhari that said he would only probe Jonathan's tenure yet he is proving saraki under obj's govt.

This Saraki jes thinks everybody in dis country is a fool, rubish

. what is delaying Saraki's arrest


minwyl

GAME ON!

Saraki sha, the strong head man no won free o.