HUMAN rights lawyer and anti-corruption crusader, Femi Falana (SAN), has said senators who abandoned their duties in the Senate to accompany the Senate President, Dr Bukola Saraki to the Code of Conduct Tribunal (CCT) were guilty of indolence and absenteeism and should consequently be made to face the appropriate penalties.

Falana also said calls for Dr Saraki to step aside as the Senate President while his trial continues is in order, insisting that that is in consonance with the Public Service Rules.

The senior lawyer said the closure of the Senate to enable pro-Saraki senators attend proceedings at the tribunal and at other courts was illegal and should be utterly condemned by all patriots in the country.

Speaking in Lagos during the investiture of Mr. Dare Oseni as the 2015/2016 President of the International Association of Lions Club, Falana further expressed the fear that the attitude of the Senate, especially those senators accompanying Saraki to the tribunal tended to undermine the anti-corruption campaign of the administration of President Muhammadu Buhari.

“In a rare display of impunity the Senate President has caused the Senate to adjourn sittings to allow members to show solidarity with him whenever his case is fixed for hearing at the Code of Conduct Tribunal. Apart from questioning the political will of the Buhari Administration to fight corruption and impunity in the country the Senate has continued to assault our collective national morality.”

The anti-corruption crusader was therefore of the view that since the pro-Saraki senators had chosen to abandon their official engagements, they should be made to forfeit their earnings for that period accordingly.

“Since the policy of “no work no pay” is applicable in the federal public service, the senators who abandon their constitutional duties to attend court proceedings are not entitled to be paid or be remunerated for wanton indolence in the circumstance. If the morally despicable behaviour is not halted the distinguished senators may soon resolve to appear in the various courts in the country in solidarity with other members who are facing terrorism and corruption charges. After all, what is good for the goose is equally good for the gander.”

“As the Senate president Dr, Bukola is required to preside over the affairs of the legislative house in the discharge of its constitutional duty of making laws for the country. Attendance of court sittings in solidarity with any criminal suspect is certainly not part of the constitutional responsibilities of the Senate. By insisting on the suspension of Senate sittings to enable him to attend court sittings in the company of fellow senators, the Senate President has violated paragraph 1 of the Code of Conduct for Public Officers which states that “A public officer shall not put himself in a position where his personal interest conflicts with his duties and responsibilities.”

The West African Bar Association (WABA) former president based his position that the Senate president must step aside while his trial at the CCT continues on the provision of the Federal Government Public Service Rules which stipulates that when a public officer is charged to court for criminal offence, the officer shall cease to report for duty pending the conclusion of his case. In addition the concerned officer shall be placed on half pay for the whole period of the trial.

The anti-graft campaigner further said that, the affected officer would be entitled to collecting his or her full entitlements if at the conclusion of the case he or she triumphed.

“Furthermore, contrary to the misleading impression that public officers accused of corruption cannot be asked to step aside and clear their names paragraph 303404 of the Federal Government Public Service Rules (Corrected Version 2008) stipulates that when a public officer is charged to court with a criminal offence he/she shall be interdicted and cease to report for duty until the determination of the case.

“During the period of interdiction the public officer concerned shall be entitled to 50% of his/her entitlements provided that if he/she is discharged or acquitted the officer shall be immediately reinstated and receive his/her full entitlements which have been denied him/her during the period of interdiction.

“Paragraph 030406 of the Rules further provides that where the officer has not been charged to court he/she may be suspended pending investigation into the allegation of malfesance or misconduct against him/her.
He said the Supreme Court had made it very clear that, that such interdiction did not violate the fundamental rights of the affected officer.

“It has been held by the Supreme Court in a number of decided cases that such interdiction or suspension does not violate the fundamental rights of the officers involved. Therefore, it is misleading on the part of lawyers to insist that public officers who cannot explain their sources of wealth are presumed innocent until the contrary is established against them by a court of competent jurisdiction.

He frowned at the continued move by Saraki to halt his trial at the tribunal, stressing that that ran contrary to the new Administration of Criminal Justice operational in the country presently.

He recalled that Saraki was a member of the Seventh Senate which amended the old document to reflect the present provision.

Incidentally, the senator was a member of the 7th session of the National Assembly which enacted the Administration of Criminal Justice Act, 2015. Section 306 thereof provides that “An application for stay of proceedings in respect of a criminal matter before the court shall not be entertained.” For the avoidance of doubt, section 396 (2) of the Act further provides that “After the plea has been taken, the defendant may raise any objection to the validity of the charge or the information at any time before judgment provided that such objection shall only be considered along with the substantive issues and a ruling thereon made at the time of delivery of judgment.”

Seun,Lalasticlala

http://www.ngrguardiannews.com/2015/11/why-pro-saraki-senators-should-forfeit-their-pay-by-femi-falana/

truly said

Why is this femi not the new attorney general of the federation? Now I know. He is a propaganda lawyer who believes in prosecuting cases on the pages of newspapers in order to blackmail judges and deceive gullible nigerians. Most cases at the CCT are civil cases and rarely criminal that is why the punishment is usually not jail time but lost of office or ban from holding office. They don't become criminal cases simply because a danladi/femi falana say so. So the law you are referring to applies to criminal cases and not civil cases. Who determines whether a case at CCT is criminal or Not? Definitely not femi falana so you can keep deceiving your apc family till they finally make you their chief propaganda lawyer

The anti-corruption crusader is here to stay. Saraki must go dole for the betterment of our democracy.
#TeamSarakiMustGo

I think most of the senators including Saraki are acting like school children. They have taken their solidarity for Saraki too far which portends selfish individual interest with common criminal tendencies.

HungerBAD:
HUMAN rights lawyer and anti-corruption crusader, Femi Falana (SAN), has said senators who abandoned their duties in the Senate to accompany the Senate President, Dr Bukola Saraki to the Code of Conduct Tribunal (CCT) were guilty of indolence and absenteeism and should consequently be made to face the appropriate penalties.

Falana also said calls for Dr Saraki to step aside as the Senate President while his trial continues is in order, insisting that that is in consonance with the Public Service Rules.

The senior lawyer said the closure of the Senate to enable pro-Saraki senators attend proceedings at the tribunal and at other courts was illegal and should be utterly condemned by all patriots in the country.

Speaking in Lagos during the investiture of Mr. Dare Oseni as the 2015/2016 President of the International Association of Lions Club, Falana further expressed the fear that the attitude of the Senate, especially those senators accompanying Saraki to the tribunal tended to undermine the anti-corruption campaign of the administration of President Muhammadu Buhari.

“In a rare display of impunity the Senate President has caused the Senate to adjourn sittings to allow members to show solidarity with him whenever his case is fixed for hearing at the Code of Conduct Tribunal. Apart from questioning the political will of the Buhari Administration to fight corruption and impunity in the country the Senate has continued to assault our collective national morality.”

The anti-corruption crusader was therefore of the view that since the pro-Saraki senators had chosen to abandon their official engagements, they should be made to forfeit their earnings for that period accordingly.

“Since the policy of “no work no pay” is applicable in the federal public service, the senators who abandon their constitutional duties to attend court proceedings are not entitled to be paid or be remunerated for wanton indolence in the circumstance. If the morally despicable behaviour is not halted the distinguished senators may soon resolve to appear in the various courts in the country in solidarity with other members who are facing terrorism and corruption charges. After all, what is good for the goose is equally good for the gander.”

“As the Senate president Dr, Bukola is required to preside over the affairs of the legislative house in the discharge of its constitutional duty of making laws for the country. Attendance of court sittings in solidarity with any criminal suspect is certainly not part of the constitutional responsibilities of the Senate. By insisting on the suspension of Senate sittings to enable him to attend court sittings in the company of fellow senators, the Senate President has violated paragraph 1 of the Code of Conduct for Public Officers which states that “A public officer shall not put himself in a position where his personal interest conflicts with his duties and responsibilities.”

The West African Bar Association (WABA) former president based his position that the Senate president must step aside while his trial at the CCT continues on the provision of the Federal Government Public Service Rules which stipulates that when a public officer is charged to court for criminal offence, the officer shall cease to report for duty pending the conclusion of his case. In addition the concerned officer shall be placed on half pay for the whole period of the trial.

The anti-graft campaigner further said that, the affected officer would be entitled to collecting his or her full entitlements if at the conclusion of the case he or she triumphed.

“Furthermore, contrary to the misleading impression that public officers accused of corruption cannot be asked to step aside and clear their names paragraph 303404 of the Federal Government Public Service Rules (Corrected Version 2008) stipulates that when a public officer is charged to court with a criminal offence he/she shall be interdicted and cease to report for duty until the determination of the case.

“During the period of interdiction the public officer concerned shall be entitled to 50% of his/her entitlements provided that if he/she is discharged or acquitted the officer shall be immediately reinstated and receive his/her full entitlements which have been denied him/her during the period of interdiction.

“Paragraph 030406 of the Rules further provides that where the officer has not been charged to court he/she may be suspended pending investigation into the allegation of malfesance or misconduct against him/her.
He said the Supreme Court had made it very clear that, that such interdiction did not violate the fundamental rights of the affected officer.

“It has been held by the Supreme Court in a number of decided cases that such interdiction or suspension does not violate the fundamental rights of the officers involved. Therefore, it is misleading on the part of lawyers to insist that public officers who cannot explain their sources of wealth are presumed innocent until the contrary is established against them by a court of competent jurisdiction.

He frowned at the continued move by Saraki to halt his trial at the tribunal, stressing that that ran contrary to the new Administration of Criminal Justice operational in the country presently.

He recalled that Saraki was a member of the Seventh Senate which amended the old document to reflect the present provision.

Incidentally, the senator was a member of the 7th session of the National Assembly which enacted the Administration of Criminal Justice Act, 2015. Section 306 thereof provides that “An application for stay of proceedings in respect of a criminal matter before the court shall not be entertained.” For the avoidance of doubt, section 396 (2) of the Act further provides that “After the plea has been taken, the defendant may raise any objection to the validity of the charge or the information at any time before judgment provided that such objection shall only be considered along with the substantive issues and a ruling thereon made at the time of delivery of judgment.”

Seun,Lalasticlala

http://www.ngrguardiannews.com/2015/11/why-pro-saraki-senators-should-forfeit-their-pay-by-femi-falana/

surprising how this fool kept quite during the amaechi debacle...why didn't he advise amaechi or buhari to withdraw the name from the ministerial nomination pending the outcome of his corruption cases??

BADNEAT:
surprising how this fool kept quite during the amaechi debacle...why didn't he advise amaechi or buhari to withdraw the name from the ministerial nomination pending the outcome of his corruption cases??

Don't mind the hypocrite!! He has not even spoken against the flouting of court orders on Dasuki and Kanu!! That man Falana is a very big disgrace to the human rights family to whom he formely belonged to.Anyway he and their likes can continue whining,Saraki is going no where.

helpee:
Why is this femi not the new attorney general of the federation? Now I know. He is a propaganda lawyer who believes in prosecuting cases on the pages of newspapers in order to blackmail judges and deceive gullible nigerians. Most cases at the CCT are civil cases and rarely criminal that is why the punishment is usually not jail time but lost of office or ban from holding office. They don't become criminal cases simply because a danladi/femi falana say so. So the law you are referring to applies to criminal cases and not civil cases. Who determines whether a case at CCT is criminal or Not? Definitely not femi falana so you can keep deceiving your apc family till they finally make you their chief propaganda lawyer

What is more criminal than diverting the public funds and properties for personal use while millions of Nigerian are going without food, qualitative education and health service? Saraki case is a criminal case not a civil one. Civil cases include fighting over land ownership, chieftaincy titles etc without criminal coloration. What is civil about allegation of corruption?

Guy, stop misleading people.

ziccoit:


What is more criminal than diverting the public funds and properties for personal use while millions of Nigerian are going without food, qualitative education and health service? Saraki case is a criminal case not a civil one. Civil cases include fighting over land ownership, chieftaincy titles etc without criminal coloration. What is civil about allegation of corruption?

Guy, stop misleading people.

Bros please Saraki is not facing trial for diversion of public funds and properties!! His case at the CCT bothers on alleged failure to declare certain properties of his and declaring properties he was yet to acquire!!!(Not the word ALLEGED) No one is accusing Saraki of taking a pin from anywhere!!!

chukwudi44:


Bros please Saraki is not facing trial for diversion of public funds and properties!! His case at the CCT bothers on alleged failure to declare certain properties of his and declaring properties he was yet to acquire!!!(Not the word ALLEGED) No one is accusing Saraki of taking a pin from anywhere!!!

You are just downplaying the gravity of Saraki case at cct. It goes beyond that. He too knowns when the sources of fund he used to acquire those properties are made open he may be eventually sentence on corruption and embezzlement of public fund. Go and read the 13 count charges again. The highlights are as follow:

1. False declaration of asset by making anticipatory declaration for asset yet to be acquired.

2. Acquisition of about N500M property above his income and loan capability which he wrongly claimed to have acquired from proceeds of rice and sugar commodities.

3-9 &13. Refusal to declare asset acquired while in government at either the beginning or end of his tenure (1st and 2nd term)

10-12:- Operation of foreign accounts while in government.

Aufbauh:
I think most of the senators including Saraki are acting like school children. They have taken their solidarity for Saraki too far which portends selfish individual interest with common criminal tendencies.

Same goes to Tinubu, and his followers.

Pls don't mind the idiots above, especially dat Chukwudi....their opinion doesn't represent the true feelings of the majority of Nigerian youths

In one sense, u hate Yoruba people, in another sense, you want to die for saraki....is dat not madness at its peak?

In as much as I want Bukola Saraki case to be pursued to a logical conclusion according to the law of the land, I want to see other treasury looters in APC being arraigned.

May all looters of our common wealth home and abroad never find peace, nitori ewe oju omi ki ni isinmi.

[quote author=Firefire post=40210815]In as much as I want Bukola Saraki case to be pursued to a logical conclusion according to the law of the land, I want to see other treasury looters in APC being arraigned.

May all looters of our common wealth home and abroad never find peace, nitori ewe oju omi ki ni isinmi.[/quote

Name names.

Abi you no get liver?

RUBBISH............ one Tinubu's barking Dog

..is dat not madness at its peak?

[quote author=HungerBAD post=40211015][/quote]

The names of Nigerian treasury looters was handed to Buhary in Washington by the American govt. - OshiOmoOle.

They should start with that list, I am sure all looters names including state actors are in the list.

May peace be far from all looters and their beneficiaries Nigeria.

Shalom!

I can see Sariki ass licker Pachukwudi defending its pay master.Smh!

Nice one there Mr falana

Do you care to remove your tummy fat, click my signature for more info

F

In europe when a public officer is facing trial for corruption he resigns quietly but 4 9ja na den e go make more noise

chukwudi44:


Bros please Saraki is not facing trial for diversion of public funds and properties!! His case at the CCT bothers on alleged failure to declare certain properties of his and declaring properties he was yet to acquire!!!(Not the word ALLEGED) No one is accusing Saraki of taking a pin from anywhere!!!

The only ABOBAKu who receives an alert anytime saraki is being mentioned... Dude how much are you paid for defending this first class criminals?

T

I see!

madridguy:
The anti-corruption crusader is here to stay. Saraki must go dole for the betterment of our democracy.
#TeamSarakiMustGo

Anti corruption crusader that was mute when buhari was appointing corrupt people as ministers? Yeye dey smell.

#TeamBuhariMustGo

As I dey so, the whole thing just wan fall my hand.
I just dey siddon look.

Not a bad suggestion

okay