HE 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/

oga saraki don jump queue. daddy buhari no like men dat lacks integrity.

I Just dey watch

too long!

munchfani:
.

The man should appear before the tribunal instead of shopping for soft landing. He has to prove his innocence of all the sllegations.

lack of formatting makes it too long..

Can any thing good come out of this probe?

Bubu started it all!