President of the Nigerian Senate on Thursday, a day after he led the National Assembly to pass the 2016 Appropriation Act.

The Code of Conduct Tribunal spoilt the fun for Saraki who has been receiving commendations from his party chiefs over the passage of the budget as it refused the entreaties of the Senate President to quash his trial over the 13 count charges of false assets declaration preferred against him by the Federal Government.

Justice Danladi Umar, Chairman of Code of Conduct Tribunal had stopped the Senate President’s second attempt to stop his trial when it held that the charges preferred against the Senate President was valid and competent in law in his ruling on Saraki’s motion challenging the jurisdiction of the Tribunal to try him.

The judge noted that the Act establishing the CCT as well as the 1999 constitution, as amended, conferred the Tribunal with the requisite jurisdiction to hear and determine allegations bordering on breach of code of conduct by public officers.

On Saraki’s argument that the FG waited for over 13 years before instituting the charge against him, Justice Umar held that there is no time frame for the prosecution of a criminal offence.

In asking the Tribunal to free him of the charges, the Senate President had cited the case of Bola Ahmed Tinubu, the former governor of Lagos State who was arraigned before CCT in 2011, but was discharged after only two appearances in the Tribunal.

Kanu Agabi, the Senate President’s lawyer had argued that Tinubu was freed by the Tribunal then because FG failed to fulfil necessary condition precedents capable of conferring jurisdiction on it to hear the substantive charge.

According to Agabi, the tribunal had in the case against Tinubu, noted that the Code of Conduct Bureau, CCB, which recommended the prosecution, ought to have invited the defendant to clarify discrepancies in the assets he declared, before the charge was initiated and consequently discharge him.

Like Tinubu, Agabi said his client was also not invited to clarify the allegations against him.

“My lord he has not been invited up till now. That was the same reason you gave for allowing Tinubu to go home, on the ground that ten other governors were invited by the CCB to make clarifications on discrepancies in the assets they declared.

“But till now, the defendant here, who is the Senate President of this country has not been invited. It is our position that the law is not discriminatory”, Agabi submitted.

He also argued that the laws establishing CCB mandated it to summon anyone perceived to have falsely declared his assets to give explanations.

“The defendant was never afforded such opportunity, not even a chance to kneel down and apologise”, said Agabi who added that the charge was politically motivated and instituted in bad faith.

Failure of the Bureau to summon Saraki to give explanations, Agabi argued was fatal to the charge.

But in his ruling on Friday, Justice Umar said the former Lagos State Governor was discharged in error in 2011.

“The tribunal has since realised that the decision it made on the case between FRN vs Tinubu was in error and has clearly departed from it”.
“It is not out of place for the prosecution to charge the defendant now. The application to quash the charge is hereby refused. The tribunal hereby re-inforce its jurisdiction in line with the constitution an section 3(d) of the CCB &Tribunal Act.

“Accordingly, the prosecution is hereby ordered to produce its witnesses for the trial of the defendant to commence immediately,” Justice Umar held.

“Tinubu’s case was based on 1979 law and the Tribunal having realised its mistake more than three years ago upturned the decision and said they made a mistake, that it was an error and that it was given without considering the 1999 Constitution,” Rotimi Jacobs, the Prosecution Counsel said while giving further elucidation to the Tribunal’s ruling to journalists.

Jacobs who had argued along this line to oppose Agabi’s request that his client should be allowed to go home based on the decision of the court on former Lagos State governor added that The Tribunal had in two other cases decided in 2012 and 2014 overturned the decision.

“If it was the Chairman of the Tribunal that was in error, should we follow the error? He has corrected it in two other judgments,” Jacobs who also said the Federal Government is ready to pursue the case against the Senate President at any other court added


http://www.pmnewsnigeria.com/2016/03/24/cct-trial-why-saraki-cannot-be-allowed-to-go-like-tinubu-justice-umar/

If there is anything like justice in this country then Tinubu should be picked up and properly tried, the CCT haven acknowledged and accepted that it erred in its judgement. Otherwise anything done to Saraki while Tinubu walks free will amount to injustice and will show the judge as one just reading out a judgement handed to him by APC leaders.

The ''rish'' also cry!

This danladi umar guy!

I hope hes life is not in danger o. Cos the sarki we know is a very desperate man.

Very good judgement however. Cos a thief ran away, does not mean another thief should be let go.

Very good judgement. Saraki may the gods save you from this pit u enter.

If tinubu is a free man, bukola should also be a free man.

The law is the law.

No more intellectual buffons at the helm of affairs so it isn't business as usual for the corrupt.

nnachukz:
If there is anything like justice in this country then Tinubu should be picked up and properly tried, the CCT haven acknowledged and accepted that it erred in its judgement.

Chief, set aside personal feelings & familiarise yourself with the concept in law referred to as "double jeopardy"

Would clear you of some things, fresh evidence is the key here.

Double jeopardy.

Section 36 (9) of the constitution.


(9) No person who shows that he has been tried by any court of competent jurisdiction or tribunal for a criminal offence and either convicted or acquitted shall again be tried for that offence or for a criminal offence having the same ingredients as that offence save upon the order of a superior court.

Then y did they let tinubu go Ind first place?
Y wasn't tinubu tried properly?
Bunch of jokers, n quite certain even the saraki will go unpunished, men of double standards, mtchewww

Forget that thing once you are rich, influential and in good terms with the president, you are untouchable. Sad.. What a country

nnachukz:
If there is anything like justice in this country then Tinubu should be picked up and properly tried, the CCT haven acknowledged and accepted that it erred in its judgement. Otherwise anything done to Saraki while Tinubu walks free will amount to injustice and will show the judge as one just reading out a judgement handed to him by APC leaders.

Court doesn't look for criminals. It only heard the criminal case brought before it. The case against Tinubu has to be represented by by an individual etc through a lawyer before CCT can take action.

naptu2:
Double jeopardy.

Section 36 (9) of the constitution.


(9) No person who shows that he has been tried by any court of competent jurisdiction or tribunal for a criminal offence and either convicted or acquitted shall again be tried for that offence or for a criminal offence having the same ingredients as that offence save upon the order of a superior court.

CCB should then appeal.

Nigerians should force Code of Conduct Bureau to appeal the judgment to a higher court that will inturn order for a retrial.

This is just as simple as ABC. Every Nigerian must be judged by the same rule of law

ellechrystal:
Then y did they let tinubu go Ind first place?
Y wasn't tinubu tried properly?
Bunch of jokers, n quite certain even the saraki will go unpunished, men of double standards, mtchewww

Tinubu was tried under weak presidents when it was business as usual...........now, this is what you can proudly call CHANGE.

greatiyk4u:



Tinubu was tried under weak presidents when it was business as usual...........now, this is what you can proudly call CHANGE.

We can change the trial now that a new sheriif is in town ..


..Trying Saraki while Tinubu walks free is a sham to the CCB ..

IsraeliAIRFORCE:



CCB should then appeal.

Nigerians should force Code of Conduct Bureau to appeal the judgment to a higher court that will inturn order for a retrial.

This is just as simple as ABC. Every Nigerian must be judged by the same rule of law

See how u are revealing ur ignorance in full glare of the public. How can court of conduct bureau appeal against it own verdict? chill out pls

This is true change. The so called error was done under GEJ govt because GEJ condone corruption. That is d different btw PMB and GEJ

slyzy:


See how u are revealing ur ignorance in full glare of the public. How can court of conduct bureau appeal against it own verdict? chill out pls

Go and ask GEJ. His govt gave tinubu soft landing 4 some political reasons. it was easy because GEJ govt condone corruption.

[quote author=dunkem21 post=44085018

We can change the trial now that a new sheriif is in town ..

..Trying Saraki while Tinubu walks free is a sham to the CCB ..
[/quote]

Bro in law, CCB cannot retry Tinubu case anymore. A case already Judged cannot be retried in d same court. Ask any lawyer they will tell you dat.

[quote author=tuale4u post=44085082][/quote]


Boss, I thought you said they can appeal to a higher court? ..

tuale4u:


Go and ask GEJ. His govt gave tinubu soft landing 4 some political reasons. it was easy because GEJ govt condone corruption.

And that is what this govt is against. The difference is clear.

dunkem21:




We can change the trial now that a new sheriif is in town ..


..Trying Saraki while Tinubu walks free is a sham to the CCB ..

Double jeopardy.

Section 36 (9) of the constitution.

(9) No person who shows that he has been tried by any
court of competent jurisdiction or tribunal for a criminal
offence and either convicted or acquitted shall again be tried for that offence or for a criminal offence having the same ingredients as that offence save upon the order of a
superior court.

greatiyk4u:


Double jeopardy.

Section 36 (9) of the constitution.

(9) No person who shows that he has been tried by any
court of competent jurisdiction or tribunal for a criminal
offence and either convicted or acquitted shall again be tried for that offence or for a criminal offence having the same ingredients as that offence save upon the order of a
superior court.

The bolded is what am emphasizing on ..


Remember, there's a new Sherrif in town and no corrupt person should be walking free ..


The lawyer will now run away ..Zombies

slyzy:


See how u are revealing ur ignorance in full glare of the public. How can court of conduct bureau appeal against it own verdict? chill out pls

Upon say you no get home training, I will correct your misconception.

Code of Conduct. Bureau (CCB) is not same institution as CCT, Code of Conduct Tribunal.

tosin2013:
This danladi umar guy!

I hope hes life is not in danger o. Cos the sarki we know is a very desperate man.

Very good judgement however. Cos a thief ran away, does not mean another thief should be let go.

Very good judgement. Saraki may the gods save you from this pit u enter.

The thief did not run away because we have his details plus address and he is completely traceable.

I forgot he is In the far past ( as if the charges in today's case are not from the far past.)

tuale4u:


Go and ask GEJ. His govt gave tinubu soft landing 4 some political reasons. it was easy because GEJ govt condone corruption.

but ur PMB hav bn correctin d errors of d past administration tru arrest and detention, why is tinubu's case different? U stewpeed zombie.

“The tribunal has since realised that the decision it made on the case between FRN vs Tinubu was in error"

This particular submission makes one loses faith in our judiciary.

Then bring back Tinubu and trial him.

tosin2013:
This danladi umar guy!

I hope hes life is not in danger o. Cos the sarki we know is a very desperate man.

Very good judgement however. Cos a thief ran away, does not mean another thief should be let go.

Very good judgement. Saraki may the gods save you from this pit u enter.

Thank for agreeing to the fact that Tinubu is a THIEF.

Hmm