otr1:

He does

homesteady:
Finally found the thread!
the OP was right after all, Saraki just used the OP's point of argument

www.nairaland.com/2618713/being-prosecuted-because-senate-president

blaksmith so whats going to happen now?

fulanimafia:


Utter balderdash. Did Saraki make any written admission of breach? The onus is on him and not the commission to admit guilt in writing. If that was done, then the tribunal would be unnecessary.

fulanimafia:


Mate give us a link and not screenshots anyone can create. I'm waiting.

http://www.hipernetix.com/ccb/mandate.html

wirinet:


You still do not get it. What i am saying is being the procedure you outline is for verification process - ie before the asset declaration form is accepted by the CCB, it did not state the procedure to adopt after the verification process and the asset declaration form has been accepted and found to be false. That is why the CCT did not bring in the asset 2015 asset declaration form which is still in the process of verification but the process 2003 form which has been verified.

I favour the Code of Conduct Tribunal as a superior court because it is a creation of the constitution and not an act of the national assembly. Besides i do not see the chairman who must be qualified to be a high court judge answer to another high court judge to explain his judgments. He would feel insulted.

fulanimafia:
OP you have not responded to my allegation that you fraudulently forged the provisions you presented.

fulanimafia:
Section 3(d) which your entire argument is based on, says nothing about admittance or denial by the person declaring after complaints are received.



That part in red is not part of the provisions, the subsection only states that a function of the board is to receive complaints which can then be forwarded to the CCT, which has obviously been done. By the way, it's subsection (e) not (d).

You are interpreting the subsection to suit your argument. Saraki was appropriately summoned and charged, and he will be severely punished if he fails to defend the allegations of corruption among others.

aumeehn:
Kai....op i swear you are an example of a typical Nigerian fool....crying and smiling! Kai i feel like giving you a dirty slap, he siphoned public funds amouting to 2trillion Naira and you are here backing him! Op you are the retarded fowl i have ever seen!

spenca:


I logic and analysis, you asked us to go Check up "s3d" now that shouldn't be you ought to have stated it here to have a sufficient analysis based on what you stated above as precedents the CCB haven't erred unless you go ahead to state all the precedents included that which you only quote the section it is in the constitution rather than quote it out here . You haven't done a thorough analysis

otr1:
Seni, Teni and the twins are living large and you're here defending rubbish?

Just forget the procedures, Saraki is finished.

seunmsg:



Oga, I asked you earlier and I will ask you again, don't you think the best thing for Saraki to do is to appear first before the CCT, argue his case that there was a procedural error in the process leading to his arraignment and ask the CCT chairman to dismiss the case? Why is he trying to use the FHC to stop the CCT from hearing the case when he can easily appeal the decision of the CCT at the FCA if it refused to dismiss the case?

I want to believe you are a lawyer, if you want to challenge the competency of a suit, are you not supposed to go and argue your case before the same court that you have been sued? Once he appears before the CCT, let him make all this argument that you are making and let the tribunal decide. If he's not satisfied with the decision, let him appeal to the FCA. That's the simple procedure. What Saraki is trying to do at the FHC is a clear abuse of court process and am very sure FHC judge hearing the matter will not allow himself to be used to disrupt a valid legal process.

paabakp:
Blacksmith, nice write up.
my questions are,

Was Saraki notified about the discrepancies?

Is there any stipulated time for response to any CCB allegation?

If he was notified and he refuses to respond to CCB what is the next move?

Did Saraki not go air to deny all CCB allegations?

Is that admissible in court?

Answers to your questions

1. No he was not notified of the alleged discrepancies. In fact, he only became aware of the charges against me on the internet and he was not served the processes until a day before the Tribunal date.
2. There is no specific time period within which to respond to CCB request for clarifications. However it is expected that the CCB itself will state a reasonable time period within which the public officer should respond
3. If the public officer refuses to respond, then the CCB may refer the matter to the Tribunal
4. Saraki, through his media team i believe, denied the charges
5. Admissibility of evidence is a not a straightforward thing in law I will admit. So i will rather not give an answer on this question

wirinet:


You lawyers sometimes do more harm to your clients than good. Why would a lawyer advice his client not to appear in court to clear his name but instead attempt to stop a trial using another court?

You are obviously missing the crux of the allegations against Senator Saraki, he was not being investigated for an ongoing asset declaration process, he is being accused of declaring wrong assets using forged documents and false information. In effect he is being accused of deceit, forgery and perjury. What you are describing is discrepancies in the asset declaration form during verification by CCB.

spenca:
You have come to give krech deductions , before you draw your conclusion in this half baked analysis why don't you state the "precedents" that ought to be followed and where they have erred rather than concluded on illusionary premises

adaweezy:

very very weak premise
So the nigerian law creates a statute of limitation that bars saraki from being investigated ?
besides Saraki has 13 charges against him not just 1-4 charges ..................

ayindejimmy:


Saraki swore under oath that the information in the document is the truth.
Now, if the CCB uncover the contrary, should it still be oblige to call his attention to the obscurity?
Bearing in mind that Saraki had sworn to the authenticity of the information provided.




I just need to be enlightened in this area

ibedun:
For Saraki to survive he must be completely exonerated. Scaling through on technicalities (defective procedures) will not remove the essence of the case and public perception of it - which is corruption and criminality.

The moral burden is weightly and there is no other option but to remove and jail the follow.

superstar1:
Do you even know what you are talking about?

What exactly do you think is CCB grudges against Saraki?

Start from there. That will show whether you understand the matter or not.

If you are Saraki's lawyer, then be rest assured he will be sentenced to 201years of hard labour in Kirikiri.

TGM2015:
Please, do you even know the process of asset declaration by CCB. Because it was once on the news on Buhari/Osinbajo assets declaration that they need their presence to clarify some issues before admitting it to be final document.

Before, the Asset Declaration form is finally file and becomes legal documents the public officer and the CCB officials will have agreed on the worth and presence of the assets.

Maybe you will need to check the allegations again. He declared an asset that he bought many years later, meaning he over declared his assets and the document tendered as evidence of ownership as at the time of declaration must have been forged. He also do not declare some assets and accounts running to billion of naira in both naira and hard currencies. I knew no matter how rich you are, you actually will not forget how many active accounts you are running.

It was in the beam light of current political power struggle of who has control of what that led to those who are against him to furnish the CCB with evidence against his past records. Also we should remember he must have submitted another asset declaration form recently, which must have been checked against the previous ones he declared. Thus, if there is discrepancies or grey areas in term of the total worth or backup evidence/documents, the CCB investigate and obtain independent evidence to support or against the claims.

Though the current case against Saraki left, right and center might have been influenced because of the political struggle but we should also remember that the current activities of these anti graft are a normal course of action because they feels that the current administration will give them free hands to perform their Constitutional duties without interference unlike PDP led government that tactical dismiss Ribadu from EFCC when he bend on prosecuting all government with evidence of corruption 100% of which are Ex PDP governors and Sanusi when he bend in exposing the level of no remittance of crude oil proceed to the national coffer. Imagine an agency that collect tax on crude oil remitting times three of what the crude oil seller(NNPC) is remitting.

It is only a witch that will think he is being hunted. If though doest good. ... ... (a word to Cain by God when killed his brother Abel)

gogochocolate:
he is simply continuing what the present government is doing. First he forgets that electricity is generated at individual power stations but still transmitted to the national pool for distribution across nigeria. How is he going to change this network architecure and which distribution network is he going to use. Does he know the consequences of privatizing the transmission network with respect to national security. Osibanjo power is not law please don't delve into what you don't know just to appear popular.

maestroferddi:
Are you talking as a technical illiterate or as a professional/qualified engineer?

Do you know the basic process involved in getting the power you consume across to you?

Can you furnish me with a government white paper or any official report stating that our basic power problem is transmission?

For the record, the crux of our power inadequacy stems from generation constrains traceable to the very poor maintenance culture inherent in our national establishments. The shortfall in our power needs eventuates from the decrepit and moribund power systems/machines in our power stations.

Have you heard of Turn Around Maintenance (TAM) on the machines and the colossal cost of doing so to revive machines that have gone comatose?

How can transmission be our problem when we are even exporting power?

Ogbeni, please stick to what you know...

maestroferddi:
I will score him 50% out of 100.

There was really nothing different in what he said with what the present government is doing. He just had a little more frippery and rhetorics.

He bungled it when he asserted that the major power problem in the country is in transmission. That should be neither here no there. The basic problem is in GENERATION. You can't transmit when you have not generated.

The power generation question was one through which he could have shone if he had done his homework. Instead all he gave was a generic answer anybody could have given. Whatever happened to maintenance of power infrastructures in the country?

On Amaechi's parallel government, he was merely speaking tongue in cheek. He failed to give a practical example of a country where a parallel government has been formed to run side by side with the de jure one. He just spoke English and swept question under the carpet.

On the insurgency, he stopped short of accepting that sections of the country are not complementing the government's effort to crush the insurrection. Although he tried to salvage the gaffe, but any discerning person could see the faux pas that was committed.


*No thanks for getting me mired in a parallel thread*