By Ikechukwu Nnochiri

ABUJA—The Abuja Division of the Court of Appeal, will today, deliver judgment in the appeal seeking to quash the 13-count criminal charge pending against the Senate President, Dr. Olubukola Saraki before the Code of Conduct Tribunal, CCT.
Saraki

Saraki

The appellate court had earlier adjourned its verdict on the matter indefinitely, a situation that forced the Justice Danladi Umar-led tribunal to defer hearing on the case against Saraki till November 5, to await the outcome of the appeal.

The tribunal took the decision to suspend full-blown hearing on the criminal case after the Justice Moore Adumein panel of the appeal court, on October 21, postponed its judgement without adducing any reason.

A source at the appellate court who spoke to Vanguard on ground of anonymity that day, insisted that the “eleventh-hour deferment of judgment on Saraki’s appeal”, was not unconnected with the just concluded screening of Ministerial nominees that were forwarded to the Senate by the Presidency.

Saraki is in his appeal, challenging the legal propriety of the 13-count charge that was preferred against him by the Federal Ministry of Justice.

He was among other offences, alleged to have owned and operated foreign bank accounts while being a public officer.

However, aside challenging the charge, Saraki also queried the constitutionality of the warrant of arrest that was initially issued against him by Chairman of the CCT, Justice Umar.

Besides, the embattled Senate President, through his team of lawyers led by a former President of the Nigerian Bar Association, NBA, Mr. J.B. Daudu, SAN, wants the higher court to ascertain whether the Justice Umar-led panel subscribed to the appropriate legal procedure when it ordered him to mount the dock and enter his plea to the charge despite preliminary objections against his trial.

He raised 12 grounds of appeal against the CCT, supported by a 16-paragraphed affidavit and four exhibits.

Saraki also deposed another 17-paragraphed affidavit of urgency, wherein he urged the higher court to intervene and protect him from what he described as “a politically motivated witch-hunt”.

Out of the 12-grounds, five of them are basically seeking to invalidate the charge against Saraki.

He is begging the appellate court to suspend the proceeding of the tribunal pending the hearing and determination of his substantive appeal against the Justice Umar-led panel.

The appellate court had on October 8, okayed accelerated hearing on the matter.

Meantime, the federal Government, while urging the appellate court to dismiss the appeal, maintained that it has garnered sufficient evidence to establish that Saraki, as a public officer, acquired several assets beyond his legitimate earnings.

FG, through its lead prosecutor, Mr. Rotimi Jacobs, SAN, equally told the appellate court that five witnesses it lined-up against the Senate President, have all expressed their readiness to appear before the CCT tomorrow to testify and tender exhibits against him.

Among those that FG billed to give oral testimony against Saraki included the erstwhile Minister of the Federal Capital Territory and present governor of Kaduna State, Mallam Nasir El-Rufai.

Specifically, El-Rufai is expected to testify that he was the one that sold one of the assets that Saraki bought in Abuja, which the government alleged that he failed to list among the assets he acquired while in office as the governor of Kwara State.

The prosecuting counsel, told the appellate court that Saraki has already been furnished with all the proof of evidence against him, including copies of four separate assets declaration forms that he earlier submitted before the Code of Conduct Bureau, CCB.

Therefore, FG, urged the appellate court to dismiss the appeal and order Saraki to go to the CCT and clear his name.

Saraki had through his lawyer, Mr. Daudu, SAN, argued that the CCT erred in law by going ahead with his trial despite that fact that “it was not properly constituted”.

He contended that whereas the constitution provided for a three-man panel to sit over cases brought before the tribunal, he said that only two Justices sat on September 22 when he was docked.

According to him, the composition of the tribunal was in violation of paragraphs 15(1) of the 1999 constitution, as amended.

Daudu maintained that the tribunal was wrong in assuming criminal jurisdiction against the Senate President when it was not listed in the constitution as a superior court of record.

He described the CCT as an “inferior court”, saying it does not in any way, share concurrent jurisdiction with the Federal High Court.

He therefore urged the appeal court to nullify the proceedings of the tribunal against Saraki and also set aside the criminal charges filed against him by the federal government for being illegal and unlawful.

Nevertheless, FG, bent on going ahead with the case, asked the appellate court to dismiss Saraki’s arguments as baseless and grossly lacking in merit.
Jacobs, SAN, argued that the tribunal was properly constituted and empowered to try the accused person.

He urged the court to invoke the Interpretation Act to resolve the issue on whether the two-man panel had indeed formed a quorum as envisaged by the law.
More so, the prosecuting counsel submitted that the tribunal has criminal jurisdiction hence the use of words like “guilty” and “punishment” in the law that established it.

“We urge your lordships to dismiss this appeal and order the appellate to go before the CCT and face criminal charges against him. We have gathered enough evidence to prove that he made anticipatory assets declaration”, Rotimi added.

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 constitutionally 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.

He was also 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.
Saraki has since pleaded not guilty to all the charges against him.


http://www.vanguardngr.com/2015/10/alleged-false-declaration-of-assets-saraki-knows-fate-at-a-court-today/

Best wishes to him.

It might be shifted but one thing am sure nothing will come out of it after he has made a new deal and dumped PDP senators in return to clear Amaechi and free himself.

Saraki the ideal snake always dancing to the tune with any individual with the highest influence.

PDP senators has been played.

Saraki should stop all these drama. He should explain to the judge at CCT instead.

The judgement no dey end? Them no fit do the guy anything na.

TonyeBarcanista:
Saraki should stop all these drama. He should explain to the judge at CCT instead.

Because Buhari is the judge. Your case might be a lost one, the hypocricy and duplicity, do you actually stand for anything?

SkyBlue1:

Because Buhari is the judge. Your case might be a lost one, the hypocricy and duplicity, do you actually stand for anything?

What concerns me with Buhari? Well, I stand for Good governance and bringing people to justice for whatever offence they allegedly commit irrespective of political, ethnic or religious affiliation. Unlike your kind, I'm not a zombie supporter of party that doesn't know where to draw the line between interest of the country's citizens and partisanship. My support for Saraki's prosecution(which I have always maintained) is not for the sake of Buhari, but for the sake of Nigeria masses that Saraki impoverished with his loot.

Now tell me, what do you stand for?

The million dollar question is; "how many PDP senators will he have in tow for his next court appearance"?

TonyeBarcanista:
Saraki should stop all these drama. He should explain to the judge at CCT instead.

But the CCT it was that adjourned further hearing on his case pending the appeal court ruling, not so?

I am waiting for your thread on Amaechi's confirmation of yesterday.

TonyeBarcanista:

What concerns me with Buhari? Well, I stand for Good governance and bringing people to justice for whatever offence they allegedly commit irrespective or political, ethnic or religious affiliation. Unlike your kind, I'm not a zombie supporter of party that doesn't know where to draw the line between interest of the country's citizens and partisanship. My support for Saraki's prosecution(which I have always maintained) is not for the sake of Buhari, but for the sake of Nigeria masses that Saraki impoverished with his loot.

Now tell me, what do you stand for?

You are a coward, I saw the original comment - "This will be a litmus test for Buhari's fight against corruption". Your case is hopeless.

Hmmm...

Another charade of corruption in the judiciary! He'll be either freed from all prosecutions, or the case postponed indefinitely...

no be Naija?

modath:


The million dollar question is; "how many PDP senators will he have in tow for his next court appearance"

Saraki, despite confirming all the president's ministerial nominees, will soon be shown the way out. Now he has made more enemies for himself one way or the other.

On the appeal ruling, I think he will get a favorable ruling about the unconstitutional 2 man judge at the CCT but he will still be booted out some somehow.

SkyBlue1:


You are a coward, I saw the original comment - "This will be a litmus test for Buhari's fight against corruption". Your case is hopeless.

I don't know what is Cowardice and Bravery to you. Judging by this comment of yours, I will advice that you get a pocket-sized dictionary. It is necessary bro.


On the comment you quoted, the prosecution of Saraki is a litmus test for anti-corruption fight. That shouldn't be difficult to comprehend. If you have any problem, get a lawyer for Saraki to help his case.

Have a nice day sir!

TonyeBarcanista:

I don't know what is Cowardice and Bravery to you. Judging by this comment of yours, I will advice that you get a pocket-sized dictionary. It is necessary bro.


On the comment you quoted, the prosecution of Saraki is a litmus test for anti-corruption fight. That shouldn't be difficult to comprehend. If you have any problem, get a lawyer for Saraki to help his case.

Have a nice day sir!

And that is the comment I am calling you a hypocrite for.

By allowing the Senate to have successfully screened Rotimi Amaechi, Saraki has appeased his party ranks, and all the burdens on his neck has disappeared. The CCT will now act in line with directives from the Presidency. Saraki was cornered. All that transpired during the Senate's screening of Rotimi Ameachi was a SCRIPT carefully designed by the senators to deceive and entertain the Nigerian masses who have fallen in love with drama and political entertainment. It was a huge script.

I just knew something was playing out behind the scenes. The committee set up into look into the allegations against Amaechi was a huge charade. The PDP Senators staged a walk out to appear to the gullible masses as a group of incorruptible people; as a people who won't append their signature against a corrupt politician. It was all too familiar. They staged a walk out to deceive the masses like they're serious with the war against corruption. It was a designed ploy to deceive the unthinking and emotional folks.

The exit of the PDP Senators gave the majority to the APC Senators who then went ahead to successfully screen Amaechi as a minister of the federal republic of corrupt Nigeria. It was all too familiar.

At the end of the day, the senators and Amaechi and the entire Presidency were happy, the zombies too were happy; only critical onlookers looked sad. But can they do? The largely emotional Nigerian masses have cheered on. SMH!

All in all, to the zombies and general electorate, THE JOKE IS ON US ALL. Saraki has paid for his sins. All that will transpire today was already planned weeks ago. Call it a conspiracy BUT that's just the game.

As far as I'm concerned, the war on corruption has ended. Nigeria, with the current politicians, has NO FUTURE.