₦airaland Forum

Saraki has become the man of the moment. After he scuttles through this, he'll be like Atiku : forever a political handicap.

modelmike7:
Saraki is a gonner. He will goal to jail if ........

this is the same trash all of you kip saying throughout last week that he will be impeached this week and still he is still on the SP sit.....

What I still don't understand is why the police refuse the media to broadcast the proceedings like they did on Monday.

akinzeb:
By Ikechukwu Nnochiri & Caleb Ayansina

ABUJA — The Federal Government, yesterday, docked the Senate President, Dr. Bukola Saraki, before the Code of Conduct Tribunal, CCT, sitting in Abuja, on a 13-count criminal charge that bordered on corruption, false declaration of assets, and illegal operation of a foreign bank account while in office as a public servant.

Saraki, who was docked before the tribunal at 11:24am, yesterday, pleaded not guilty to the charge marked ABT/01/15, which the Federal Ministry of Justice preferred against him following a recommendation by the Code of Conduct Bureau, CCB.

In the charge sheet which was signed by a deputy director in the office of the Attorney General of the Federation, Mr. M. S. Hassan, he was alleged to have manipulated the assets declaration forms he submitted before the CCB in 2003, 2007 and 2011, by making anticipatory declaration of assets.

The Federal Government maintained that the action of the Senate President ran contrary to the provisions of section 2 of the CCB and Tribunal Act, and punishable under section 15(1) & (2), and 23(2) of the CCB and Tribunal Act, Cap C15, Laws of the Federation of Nigeria, as well as paragraph 9 of the Fifth Schedule to the 1999 Constitution, as amended.

Drama at CCT

Meantime, the trial kicked-off on a dramatic note yesterday, with Saraki initially refusing to mount the dock to enter his plea to the charge.

Immediately the case was called, Saraki, who had arrived the tribunal at about 9:35am, flanked by over 25 other Senators, including the Deputy Senate President, Mr Ike Ekweremadu, declined to indicate his presence by standing up, as usually done by every accused person that appears before the tribunal for trial.

Owing to his refusal to stand up, the tribunal chairman, Justice Danladi Umar, who was obviously looking at Saraki from his seat, asked the prosecuting counsel, Mr. Rotimi Jacobs, SAN, whether or not the accused person was arrested and produced in court as was earlier ordered.

“My Lord, I cannot see him. I think the first thing is for him to leave his seat and enter the dock, after which counsel can announce their appearances before the charge is read for the defendant to enter his plea”, the prosecuting counsel stated.

Before he could finish his submission, Saraki’s lawyer, Mr. J.B.Daudu, SAN, who led seven other SANs and 20 lawyers for the accused person, challenged the propriety of allowing the Senate President to mount the dock despite the fact that he has raised constitutional issues with regard to the legal competence of the tribunal to try him.

“With profound respect to the chairman and member of this tribunal, I agree with my learned brother that we should enter appearances first. However, I need to place it on record that the order of this tribunal was that the accused should be produced in court today and we have satisfied that order. It was not for him to enter his plea. Prior to the last adjournment, this case was adjourned for mention. There is a fundamental thing that the tribunal has to determine first, which is the issue of our preliminary objection which borders on the jurisdiction of the tribunal to proceed with this matter in the light of existing judicial authority in Igbeke vs. FRN, 2015, 3-NWLR, at part 1445”, Daudu contended.

His argument infuriated the prosecuting counsel, Jacobs, SAN, who accused Saraki of deliberately attempting to rubbish the integrity of the judiciary by engaging in “forum shopping” at various levels of the court with a view to thwarting his arraignment.

Why Saraki must be docked— FG’s Counsel

Highlighting how Saraki ran to both the Federal High Court and the Appeal Court in Abuja with different applications all in his futile bid to stop the proceeding of the tribunal, Rotimi, said: “My lords, having exhausted and overstretched the legal process and failed, the Appeal Court ordered him to come here and face his trial. This court should not be taken for granted anymore. The accused person was a member of the 7th Senate; they were the ones that made the law. They saw the lapses and in their effort to sanitize our criminal justice system, modified the law to the effect that an accused must enter his plea first before raising preliminary objections. That is what is provided in section 396 of the Administration of Criminal Justice Act, ACJA, 2015.

“My Lords, the judiciary saved this country yesterday. What would have happened if this tribunal had yesterday (Monday), made an order that contradicted that of the FHC, or the FHC issued an order contradicting that of the Appeal Court? That was the kind of position the accused person wanted to foist on us. The position of the law is that he should enter the dock and take his plea and I urge your lordships to order him to do so. Our law is not a respecter of persons, whether kings or queens. The rule of law is for everybody and must prevail in this case”, the prosecution counsel insisted.

At that juncture, Saraki’s lawyer delved into another line of argument, contending that going by paragraph 18(1) of the Fifth Schedule to the 1999 constitution, the proceeding of the CCT could not be classified as a criminal trial.

He further argued that under the law, where the CCT found that a public officer contravened any provision of the Code of Conduct, such person could be punished by being asked to vacate the office he/she occupies, disqualification, seizure and forfeiture of assets in contention, or made to suffer any other penalty as may be imposed by the National Assembly.

“This court is not empowered to try criminal cases, this tribunal is like a disciplinary committee that is meant to punish politicians, not a court where Section 6 of the ACJA applies”, Daudu, argued.

In a short ruling, Justice Umar, while upholding the submissions of the prosecutor, relied on the appeal court decision in the case of FRN vs. Atiku Abubakar, and held that the charge against Saraki was criminal in nature, even as he summoned the accused person to mount the dock and enter his plea before his objections would be heard.

I believe in rule of law — Saraki

Having failed to persuade the tribunal, a visibly displeased Saraki strode into the dock.

As the court clerk read the first count of the charge to him, the accused, took time to lecture the tribunal on the appropriate course of action it ought to have taken before docking him over alleged false declaration of assets.

He complained that he was never afforded the opportunity by the CCB to clarify whatever disparity it observed in the assets he declared while in office as the Governor of Kwara State.

Saraki, who addressed the court from the dock, said: “I am a firm believer of the rule of law. I am happy that some of the good works the senate has done in the justice administration have been made reference to. We were the ones that passed the Code of Conduct Bureau Act.

“I just want to make this brief introduction to show you that I believe in the process of the rule of law. Section 3(d) of the CCB & Tribunal Act says that, if there is a breach in asset declaration, the CCB shall refer the matter to the CCT, after giving a defendant an opportunity to either confirm if those facts were true or not, then the matter shall be referred to the tribunal. I felt that the CCB should have called me according to the law because we have been talking about new Nigeria. We have been talking about Nigeria going forward.

“Mr Chairman, as a layman, I should know why I should be punished like this. We are all watching, we are all before the world not only before Nigerians, I will conform myself with due process, that is why I have come here to subject myself before this tribunal. I strongly believe that I am here today because I am the Senate President. So as I stated before, I want to say that I am not guilty”, Saraki pleaded.

Similarly, when the 13th count of the charge was read to him, Saraki, in what appeared like his closing speech from the dock, claimed that he was only seeing the charge for the first time.

“Mr. Chairman we have institutions in this country. I want to say that your institution, the Senate and the judiciary are undergoing test today. I pray that the interest of this country will lead us to do the right thing to move this nation forward.

“It is my humble opinion that this case is a vivid example that there is still flagrant disregard for due process in our polity. This trial is not only being observed by Nigerians alone, the international community is watching because Nigeria is a key member of this community. So, the executive, legislature and judiciary should do the right thing that will truly demonstrate that we have imbibed the spirit of positive change”, Dr Saraki said.

Before he could finish, the prosecuting lawyer urged the court to expunge all his submissions. “My lords he had sworn to uphold the constitution. He cannot argue points of law from the dock; that is why he has lawyers.”

Released on bail

While praying the tribunal to release the Senate President on bail, his lawyer, relied on section 36(b) of the 1999 constitution and pleaded that he should be given adequate time and facilities to prepare his case, saying: “My lords, you do not presume that he is guilty until so is proven”.

The defence counsel equally urged the court to consider “the sensitive position the accused person occupies”, and grant him bail on self recognizance, saying “it was based on my advice to test the law at the higher court that he did not appear before this court previously. He is a law abiding citizen”, Daudu, SAN, begged.

The prosecution counsel did not object to the bail application. The tribunal after noting that the accused person appeared in court on his own volition, not only acceded to the bail request, but equally vacated the bench warrant that was issued for his arrest by the Inspector General of Police.

“The defendant, having brought himself voluntarily, we are not going to ask him not to go back home. He will go back and present himself for trial at the next adjourned date”, the Justice Umar-led tribunal held.

Besides, the prosecutor, yesterday, confirmed before the court that he was the one that prevailed on security agencies not to arrest Saraki on Monday following a passionate plea from his team of lawyers who he said undertook that they would produce him in court.

The tribunal subsequently adjourned the matter till October 21, 22 and 23 to hear Saraki’s preliminary objections.

Meantime, investigation by Vanguard, yesterday, revealed that the federal government has lined up a total of five witnesses that will testify against Saraki, including the former Minister of the Federal Capital Territory and incumbent governor of Kaduna State, Mallam Naisr El-Rufai.

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 include among the assets belonging to him.

The government said it has already furnished Saraki with the proof of evidence against him, just as it also attached as exhibits, four different assets declaration forms the accused persons submitted to the CCB.

“We have gathered enough evidence to prove that the defendant made anticipatory assets declaration”, Rotimi boasted.

Before he exited the dock yesterday, Saraki, who was all smiles, gaily acknowledged cheers from his supporters who defied heavy security presence within the tribunal premises and thronged the court room in their numbers yesterday.

Aside Ekweremadu, other lawmakers that appeared in court with Saraki yesterday included, Senators Shaaba Lafiaji; Theodore Orji; Mao Ohuabunwa, Tayo Alasoadura, Kaura Tijani, Samuel Anyanwu, Ben Murray-Bruce, Gilbert Nnaji, Peter Nwaoboshi, Rose Okoh, Kabiru Gaya, Sunny Ogborji, Aliyu Sabi Abdullahi, Mohammed Ohiare, Isa Hamma Missau, Emmanuel Paulker, Ibrahim Abdullahi, Obinna Ogba, Clifford Ordia, Foster Ogola, Gershom Bassey and Olaka Nwogu.

Others were former governors of Sokoto and Ebonyi states, Aliyu Wamakko and Dr. Samuel Egwu.


http://www.vanguardngr.com/2015/09/alleged-false-declaration-of-assets-saraki-docked-released-on-bail/

Until the masses see a looter, or a corrupt politician being jailed, then we can say there "Change" at work. The flies so fast, and we expect good recovery of our loots. Or we call this regime a failure. Buhari was voted for as d solicitor for d masses( a looter punisher). That's d most attractive package of his agenda to us. From there we can be producing diligent leaders with good intentions

We are watching

neocortex:
Why do you keep shifting the dates ?
I thought he would have been in Kirikir by now.

October will come and you will still shift the date as you have just done.

Clown, you and I know there was no judgment on 22nd of September and now the case had been adjourned till 21, 22 and 23 Oct. so tell me how he is going to escape those 3 days? The thing go do you like Indian Film that day......

This is democracy; people have the freedom of expression based on their understanding of the situation. False declaration by the senate president is worse than Boko Haram. What example are we setting for the next generation? I will suggest the CCB to zoom into the lives of Saraki cheer leaders; they might find something of relevance to probe. I stand for zero tolerance to corruption.

temitemi1:
Hell-rufai

o gbadun

sholatech:
Quite funny. I know Saraki and Sanusi Lamido are friends and ex-kings college. I also know Sanusi Lamido and El-Rufai are friends..im watching as this drama plays out

God bless you bro, that's exactly what I'm looking forward to.

tomakint:
Clown, you and I know there was no judgment on 22nd of September and now the case had been adjourned till 21, 22 and 23 Oct. so tell me how he is going to escape those 3 days? The thing go do you like Indian Film that day......

Do you promise not to shift the dates again if nothing happens to Saraki on 21,22 and 23 ?

Buhari. Is one of us~ Abubakar Al Baghdadi

This thing is a strong somtin o. Saraki don enta am. Whoever the gods decide to slap...

Omisore is right.... Anyway i hope they won't shift the date again cos if they do, ehn....
.... Make I no talk

I'm so much loving this..........this is the best political moment I've ever witness since the last presidential election.

You heard this from me first. No one has ever been in this type of mess, with the central or federal government showing interest in it, living to talk about it from the vantage point of escaping "justice". Saraki may not go to jail, but I will EAT MY HEAD, if he remain as senate president by December 31, 2015.

dustmalik:
If truly El-rufai is among the witnesses.... knowing that he may have actually sold the said house to Saraki while he was the minister of fct, which Saraki didn't declare among his assets, then Saraki is in trouble.

I wonder how Saraki will escape this.

Any Nigeria that supports what the PDP did to us will die like a pig.

It is not the beauty of a building you should look at; its the construction of the foundation that will stand the test of time.

David Allan Coe

el rufai is in trouble!

ogbonti:
You heard this from me first. No one has ever been in this type of mess, with the central or federal government showing interest in it, living to talk about it from the vantage point of escaping "justice". Saraki may not go to jail, but I will EAT MY HEAD, if he remain as senate president by December 31, 2015.

We both know you can't eat your own head.


As for the above Saraki will still be the Senate President.

The hand writing written on the wall shows that FG really wants to send this guy to Jail. With PMB there, I don't think he would survive it. OBJ will be smiling now.

neocortex:
Why do you keep shifting the dates ?
I thought he would have been in Kirikir by now.

October will come and you will still shift the date as you have just done.

nuru6ix:
Any Nigeria that supports what the PDP did to us will die like a pig.

Simply because they don't share your ideology.

What if a family of yours somewhere support it will she die like a pig? I think you should use your brain not as a Nigerian but as a man.

tomakint:
Come Oct. 21st, 22nd and 23rd Saraki should be ready to kiss the Senate goodbye, the five witnesses are all what the FG needed to nail......I don't see him surviving this......guilty as charged!

The tribunal only succeeded in giving Saraki ample time to maneuver issues to his advantage.

Keeping my fingers crossed till then.

PUSH1:
The hand writing written on the wall shows that FG really wants to send this guy to Jail. With PMB there, I don't think he would survive it. OBJ will be smiling now.

And they will still fail altogether and if in any case they suceed someone else will still plan their downfall.

dustmalik:
If truly El-rufai is among the witnesses.... knowing that he may have actually sold the said house to Saraki while he was the minister of fct, which Saraki didn't declare among his assets, then Saraki is in trouble.

what if saraki has sold or Gifted the said property? Don't be excited this case is a waste of our time and resources. Anyway, let justice be done!

I guess Sen. Murray Bruce just wanted to make #Commonsense by escorting Saraki to Court...

Yeye man.....And to think we almost tot he will be different....#Iranu

El rufai should he charged for selling govt property to an office holder

tuniski:
what if saraki has sold or Gifted the said property? Don't be excited this case is a waste of our time and resources. Anyway, let justice be done!

How does that change the fact that he bought it in the first place?

Firefire:


Saraki’s lawyer, Mr. J.B.Daudu, SAN, who led seven other SANs and 20 lawyers for the accused person.


Nigeria legal system supporting corrupt politicians and looters since 1960.

Is Saraki now corrupt? I thought he is your guy.

But wait oo.. If this guy wasn't the Senate president, I do not think the eyes of whatever watchdog will be hovering round every inch of movement he Makes#anyway he has to pay for his crimes one way or another