A Federal High Court in Abuja Thursday dismissed the application filed by Senate President Bukola Saraki seeking nullification of his ongoing trial at the Code of Conduct Tribunal, CCT.
In his ruling, the trial Judge, Abdul Kafarati, held that the CCT is a constitutional body, in the discharge of its legal obligation which should not be interfered with by a court of law.
The Chief Judge of the Federal High Court, Justice Ibrahim Auta has acceded to the request by Senate President, Bukola Saraki to direct one of the judges serving under him, Justice Abdul Kafarati to deliver judgment in his (Saraki’s) case.
Saraki, who is standing trial for alleged false assets declaration before the Code of Conduct Tribunal (CCT) had sued the Chairman of the CCT, Danladi Umar and others involved in his trial, before the Federal High Court.
Saraki is, in the suit filed for him by his lawyer, Ajibola Oluyede, contending that his trial before the CCT, as currently constituted was a violation of his right and that there was no way he could get justice.
It is also Saraki’s contention that, while the Economic and Financial Crimes Commission (EFCC) was currently investigating Umar for alleged bribery and at the same time prosecuting him (Saraki) before the tribunal he (Umar) heads, it was impossible for the CCT Chairman to do justice and act independently in his (Saraki’s) case.
Having taken arguments from parties in the case, Justice Kafarati had scheduled judgment for March 22, but when parties arrived court, he changed his mind at the last minutes and informed parties that he was withdrawing from the case and returning the case file to Justice Auta for reassignment to another judge.
Justice Kafarati hinged his decision on publications by some on-line media, which he (the judge) said had cast him in bad light and portrayed him as a compromised judge.
He said no matter in whose favour his judgment went, the losing party will habour the impression that he was influenced.
On March 23, Oluyede wrote Justice Auta, demanding that he prevailed on Justice Kafarati to deliver his withheld judgment, no matter who benefits.
Oluyede said: “It is our argument in the suit that the Code of Conduct Tribunal cannot act independently the way it is currently constituted because we believe It’s Chairman, Danladi Umar, who is currently under investigation by the EFCC, cannot be independent in deciding a case being prosecuted before him by the EFCC.
“We have also contended that the EFCC, by admitting that the investigation of the case against our client was done by a special task force, as against the requirement by the provision in Schedule 3 of the Constitution, has usurped the exclusive duties of the Code of Conduct Bureau (CCB). It is on that basis we argued that our client cannot get justice under the current arrangement and asked the court to quash the charge,” Oluyede said.
Part of the letter he wrote to Justice Auta reads: “Although one cannot but sympathise with the hard-working judges, who are victims of these vicious attacks, nevertheless, we find ourselves in disagreement with his (Justice Kafarati) that the interest of justice would be served by his withholding of his judgment and returning the matter to your Lordship for reassignment.
“In our view, the abdication by Justice Kafarati not only fails to meet the end of justice, it also gives momentum to the growth of blackmail tactics and dishonourable conduct targeted at obstructing the administration of justice.
“It would therefore set a bad precedent if your Lordship accedes to Justice Kafarati’s request to allow him to withhold his prepared judgment in this action because of fear of ephemera public opinion.
“We write to seek your lordship’s most urgent intervention to prevail on honourable Justice Kafarati to have his judgment read, so that the very essence of such an important application under the fundamental rights (enforcement procedure) Rules 2009 may not be completely lost and the entire judicial process brought to avoidable ridicule.
“It is immaterial in whose favour the judgment goes so long as we can, through this resistance, defeat the on-line media terrorism being unleashed against the judicial system.
“If this precedent is set, there will be no end to this, as it would mean that all a litigant that wishes to frustrate the administration of justice for any reason, need to is to sponsor spurious allegations against the judge and that will terminate the proceedings and frustrate the timely delivery of justice,” it said.
It was however learnt yesterday that Justice Auta has acceded to Saraki’s request and directed Justice Kafarati to proceed and deliver his judgement.
The Nation learnt that Justice Auta’s decision was hinged on the fact that none of the parties in the suit complained about the conduct of Justice Kafarati and that the judge can not disqualify himself from further handling the case based on mere allegations made in the media.
Lawyers representing parties in the suit confirmed this development to The Nation Tuesday. Investigation by The Nation also revealed that Justice Kafarati has rescheduled the judgment for this Friday.
…Kwara denies paying Saraki after tenure
The Code of Conduct Tribunal (CCT) in Abuja heard Wednesday that the Kwara State Government continued to pay about N1.2million monthly as salary and pension to its former governor, Bukola Saraki three years after he ceased to occupy the office.
Saraki was Kwara State governor between 2003 and 2011. But a prosecution witness in his false assets declaration trial before the CCT said on Wednesday that, although Saraki has been a Senator since May 2011, after the expiration of his second term as governor, the Kwara State Government only “stopped crediting his account with N1,165,466.12 monthly as salary and or pension on the August 31, 2015.”
The state government however in a statement Wednesday night denied paying Saraki salary after he left office in May 2011.
Secretary to the State Government (SSG), Alhaji Isiaka Gold explained that Dr Saraki’s last salary was N291,474.00 for the month of May 2011.
The witness, Michael Wetkas, an official of the Economic and Financial Crimes Commission (EFCC), who opened his testimony on Tuesday as the first prosecution, continued Wednesday.
Wetkas, led in evidence by lead prosecution witness, Rotimi Jacobs (SAN), testified for about five hours, during which he gave details of transactions in Saraki’s three accounts operated in naira, dollar and pound sterling with the Guaranty Trust Bank (GTB).
The witness gave details on how several funds, belonging to Kwara State, were allegedly diverted into Saraki’s private accounts both in Nigeria and abroad, with which he purportedly acquired property and liquidated some personal loans.
Wetkas, who drew the tribunal’s attention to some suspicious transactions in the defendant’s accounts with GTB, noted that during investigation, it was discovered that the identity of those making payments into the accounts were deliberately hidden by the bank.
The witness, who was part of the investigating team, said they discovered, during investigation, that most of the bank tellers for payment, were completed in similar hand writing, but without the address and phone numbers of the depositors.
Trail opened Tuesday before the Code of Conduct Tribunal (CCT) in the case against Senate President, Bukola Saraki after his last minutes efforts to stay proceedings failed.
Saraki, who is facing a 13-count false assets declaration charge, was arraigned before the tribunal late last year. The prosecution has been unable to open trial in view of the several huddles raised by Saraki, including challenging the CCT’s jurisdiction, the competence of the charge, the propriety of his trial before the tribunal, among others, up to the Supreme Court.
Despite the Supreme Court ruling last February, directing Saraki to submit himself for trial before the CCT, Saraki again objected to his trial, and applied for stay of proceedings, which the tribunal rejected yesterday and directed the prosecution to open its case.
Prosecution lawyer, Rotimi Jacobs (SAN) promptly called his first witness, who gave details of how Saraki allegedly siphoned Kwara State’s funds, while he was the state’s governor between 2003 and 2011.
The witness, an operative of the Economic and Financial Crimes Commission (EFCC), Michael Wetkas, who said he was part of the team that investigated the various petitions against Saraki, said investigation revealed, among others, that Saraki was aided by officials of Guaranty Trust Bank in the alleged diversion of Kwara State’s funds.
Wetkas, who was led in evidence by Jacobs, said the investigation of the petitions against Saraki was carried out by a team of investigators drawn from the EFCC, the Code of Conduct Bureau (CCB), among others.
told the tribunal that Saraki used his domestic aides to lodge funds he allegedly looted from the Kwara State treasury, into an account he opened with Guarantee Trust Bank.
He said one of the aides, Abdul Adama, made cash lodgements 50 times on the same account to the tune of between N600, 000 to 900, 000 on a single day, while another domestic staff, simply identified as Ubi, made 20 cash lodgements into the same account in the same day.
March 24 has been fixed for ruling on a motion by the Senate President, Dr. Bukola Saraki, seeking to quash the charges of false assets declaration preferred against him at the Code of Conduct Tribunal
The tribunal led by Justice Danladi Umar fixed the date after taking arguments for and against the motion.
Senate President’s lawyer, Chief Kanu Agabi (SAN), in his argument said the tribunal lacked jurisdiction to entertain the charges against his client , on among other grounds, that the Attorney-General of the Federation and Minister of Justice lacked the powers to file charges before the tribunal.
The President of the Senate, Bukola Saraki said on Sunday that the budget breakdown of the National Assembly would be published next week.
This is contained in a statement signed by Mohammed Isa, Special Assistant on Public Affairs to Saraki and made available to News Agency of Nigeria (NAN) in Abuja.
The statement said Saraki made the disclosure while speaking with a team of editors of the London based newspaper- the Economist.
Saraki, who is the Chairman of the National Assembly, said that publication of the details of the budget was in line with the anti-corruption stance of the 8th National Assembly.
He pledged that the legislature would not cover any form of corruption.
Saraki also said that the budget of the Senate which had never been made public before would be published in line with the anti-corruption stance of the Senate.
“For the first time we promised Nigerians that the Senate will disclose its budget breakdown, the committee will make its report available by next week.
“We are resolved to break the tradition of one line item,” he said.
Saraki said that the Senate would partner with President Muhammadu Buhari to ensure the success of the anti-corruption war.
He said that the red chamber had already demonstrated its commitment to anti-corruption through its unravelling of transaction fraud such as the management of the Treasury Single Account (TSA).
He said that the investigation the senate conducted on TSA saved the country over N7 billion, stressing that the 8th Senate would not hinder or water down any allegation of corruption.
On the economy, Saraki said the Senate was doing all within its power to create an enabling environment for the private sector to thrive.
“It is only when the private sector thrives that the issue of unemployment will be addressed and the nation’s GDP will increase.
“Few days ago, we received a report on the laws that need to be amended in order of priority importance to ease doing business and private sector participation in the stimulation of Nigeria’s economy.
“We will soon commence the implementation of the recommendations in the report in addition to pushing for the amendment of the Procurement Act to protect our local industries,” he assured.
He allayed fears that the low prices of oil would have negative impact in the implementation of the 2016 budget, saying, “what we need to do is to block leakages and show more transparency.”
“Without blocking leakages even if oil was sold at more than 100 dollars per barrel, Nigeria will still continue to witness decline in revenue in-flow,’’ he said.
The scheduled commencement of trial in the case involving Senate President, Bukola Saraki was stalled Friday by a new motion he filed challenging the tribunal’s jurisdiction.
Saraki was arraigned before the Code of Conduct Tribunal (CCT) last year on a 13-count charge of alleged false declaration of assets.
After the Supreme Court’s decision on February 5 this year, dismissing Saraki’s appeal, the tribunal fixed March 10 for the commencement of trial.
Saraki’s new lawyer, Kanu Agabi (SAN) later sought a shift in the date, prompting the tribunal to fix Friday for trial.
When parties arrived the tribunal Friday, prosecution lawyer, Rotimi Jacobs (SAN) told the tribunal that his client was ready for the commencement of trial, and that his witnesses were in court.
Responding, Agabi informed the court about a fresh motion he filed, challenging the tribunal’s jurisdiction.
He said the motion was served on the Federal Ministry of Justice and not personally on the prosecution lawyer.
Jacobs protested what he described as the wrong service of the new motion by the defence, arguing that it was part of the ploy by the defence to prevent the commencement of trial in the case.
He noted that, while Agabi effected personal service on him of his letter requesting the rescheduling of the resumption of proceeding, he (Agabi) chose not to serve him the fresh motion.
Jacobs noted that the issue raised in the new motion had been decided earlier by the tribunal, and up to the Supreme Court.
He said the Supreme Court’s judgment in the similar motion by Saraki has since been report and cited as ” Saraki vs FRN: SC 2016 NWLR at page 531.
“The Supreme Court even said the conduct of the counsel was to harass and intimidate this warrant. I was not served with any motion until now. When he sought and adjournment, he copied me. Then, he now filed a motion and decided to serve it on the Ministry of Justice, who is my client.
“I submit that this is a deliberate attempt to scuttle this trial and prevent the prosecution from proceeding to trial in this case.
“This is the same person, who is saying that he is being persecuted and that there is no case against him. He is telling the whole world that there is no case against him. He is saying the state is persecuting him, yet he does not want us to present our case.
“Justice is not for the defence alone. The defendant is attacking us and claiming that there is no case against him, yet he does not want the case to go on,” Jacobs said.
Jacobs, who said he was unduly being harassed and subjected to pressure in relation to his involvement in the case, noted that the defence’s decision to hire Agabi, who he described as his mentor, was part of the defendant’s strategy to keep him under pressure.
Jacobs said:” I have integrity. My integrity is at stake. I have been involved in the past, in the prosecution of former governors and a former Inspector General of Police (IGP). I have not received this kind of attack, pressure and trouble.
“The strategy of pulling down institutions and people is an issue this tribunal must address,” Jacobs said.
He urged the tribunal to allow the prosecution open its case, noting the under Section 368 of the Administration of Criminal Justice Act (ACJA) the defence could raise objection at any stage in the case, but that the tribunal was empowered to reserved its decision which it could give with the judgment.
Responding, Agabi apologised for the service of his fresh motion on Jacobs’ client.
He blamed the error on the fact that he was new in the case.
He sought a date for the hearing of the motion, arguing that it was the law that once a motion was filed, even if it was frivolous, the court must hear it and pronounce on it.
Tribunal Chairman, Danladi Umar adjourned to March 18 for the hearing of Saraki’s now motion and possible commencement of trial.
He directed Jacobs and Agabi to file all necessary papers before then. He also directed that henceforth, all processes should be served on the prosecution lawyer in person.
Saraki, in the new motion filed on March 4, wants the court to quash the charge against him or strike it out and discharge him of the offences on the ground, among others, that the tribunal lacked the jurisdiction to try him.
He argued that the process leading to his arraignment was wrong and that he was denied fair hearing.
“The facts relating to these matters are no longer fresh in my memory, quite apart from the fact that I have lost many of my records pertaining to them. The charge does not serve that public interest and constitutes a gross abuse of the legal process,” Saraki argued.
These are mainly issues he had exhausted in his appeal, which the Supreme Court dismissed on February 5 and ordered him (Saraki) to submit himself for trial, before the CCT.
Although the tribunal commenced sitting Friday by 10.05am, Saraki and his supporting Senators arrived the tribunal around 9.50am.
Some of the members of the Senate at the proceedings include Stella Oduah, Dino Melaye, Sameul Anyanwu, Ike Ekweremadu, Danjuma Goje, Tayo Alasoadura, Ben Bruce and Ali Ndume.
Senate President Bukola Saraki has said current economic challenges facing the country present an opportunity to show leadership, courage and ingenuity. The situation should be used to set the stage for a post-oil era in which the private sector steers the ship of the economy while the government provides the enabling environment, he said.
Speaking when consultants, under the auspices of the Department for International Development (DFID), came to present a-168 page report titled: Comprehensive Review of the Institutional Regulatory, Legislative and Associated Instruments Affecting Businesses in Nigeria to both chambers of the National Assembly in Abuja, Saraki said the time has come for the ruling class to show leadership and courage in addressig the economic challenges facing the nation.
Earlier, the experts had told the legislators that 54 of the country’s existing laws have to be either amended or repealed if the country is to make progress in her quest to attract investors and become business-friendly.
Saraki said: “The National Assembly through our legislative agenda seized on the moment to chart a new course for the nation’s economy. The legislative agenda we have adopted is one framed largely around good governance, accountability, opening up of the economy for greater investment, ease of doing business and security of lives and property.”
He added that the 8th National Assembly would give priority to the amendment of obsolete laws, stressing that since some of the affected laws require constitutional amendment, the process would be expedited to ensure that all stakeholders concerned make the changes happen as soon as possible.
Saraki said the collaboration with the private sector, development partners, professional groups such as the Nigeria Bar Association (NBA) as well as the academia in on-going process to review laws affecting doing business will give birth to a new business environment that will boost the economy, solve the problem of unemployment, curb social vices and restore our national values and pride.
According to him, the Senate and House of Representatives are on the same page with President Muhammed Buhari’s policy on diversification of the economy. “Our President has laid out a vision to fully diversify the economy beyond oil and has been committed to the actualisation of the project.
“The overarching objective of the agenda targets private sector investment and business development as a major plank of the plan. This is because of our belief in the ingenuity, creativity, entrepreneurship of our people and that in order to create jobs, give our people better opportunities, the private sector remains our best option.
“This is at the heart of the clamour for diversification; from agriculture business support, to credit, economic reform bills, to MSMEs, taxation, conflict resolution, regulatory reform bills, our agenda is firmly rooted on increased participation, diversification and capital formation,” Saraki assured.
He said the collaborative efforts between the National Assembly, DFID enable programme and GEM3, with strong participation of the organised private sector led by the Nigeria Economic Summit Group (NESG) represents a first of its kind adding that the Senate has come out with a detailed plan, cohesive legislative agenda for renewed national cohesion and development.
The Senator representing Zamfara Central, Senator Kabiru Marafa, has dragged the Senate to court over plan to sanction him by the upper chamber for alleged unethical remarks.
Marafa asked the court to halt his trial by the Senate Ethics, Privileges and Public Petitions Committee.
In a letter to the Senate President, Bukola Saraki, and dated February 18, 2016, Marafa drew the Senate’s attention to a case pending before an Abuja High Court against the alleged illegal constitution of 65 Senate Committees.
He submitted that until that case was determined, the Senate could not investigate or try him using same committees he was asking the court to quash.
The Senate had on Tuesday asked its committee on Ethics, Privileges and Public Petitions to try Marafa for allegedly making an uncomplimentary remark against it.
Marafa’s letter which was written by his lawyer, Chief Ademuyiwa Adeniyi pointed stated:
“In the light on the above and being cognisant of the fact that the legality of the committees amongst which is the Ethics, Privileges and Public Petitions committee, it would be out of place for our client to be arraigned, tried, and has his fate determined both by the said Committee and whatever the recommendation of the committee might be presided over by your Excellency without infracting the fair hearing rule “NEMO JUDEX IN CAUSA SUA” meaning that ” a person cannot be a judge in his own case”
“Obviously, our clients cannot under this circumstance have a fair hearing.
“Commonsense requires that the urgency of the Senate in respect of the above matter is unnecessary; it is thus prudent by stepping it down for our client’s case to be heard and determined by a Court of competent jurisdiction as provided by section 36 (1) in the constitution of the Federal Republic of Nigeria.
“Nothing is more honourable than allowing justice to take its full course since this is a jurisprudential principle recognised by the extant rules of the Senate.”
Following the constitution of 65 new committees by the Senate last year, Marafa had instituted a case at the Abuja division of the Federal High Court in a suit titled “Senator Kabiru Marafa Vs National Assembly seeking the following reliefs:
* A declaration that the constitution of 65 Senate special and Standing Committees was ultra vires the Senate for failing to comply with the extant provision of section 62 (1)(2) and (3) as circumscribed in the constitution of the Federal Republic of Nigeria.
* A declaration that the increase in the number of Senate Committees from the 57 as contained in Orders 96, 97 and 99 of the Senate Standing Orders 2015 as amended has no justifiable legitimacy, illegal and unlawful.
* A declaration that the redesignation of Senate Committees by reducing their areas of jurisdiction as set out in the extant Senate Standing Orders 2015 as amended is ultra vires the Senate President and any Committee of the Senate.
“A declaration that the nomination of senators to serve as. Presiding officers and appointment of principal officers and other officers of the Senate is contrary to and in a violation of the provision of Order 3 Rule 2 of the Senate standing Orders 2015 as amended and thus void, unlawful, illegal and unconstitutional.
“An Order of Court. Declaring as invalid all appointments in violation of and infractions of the Constitution and extant Senate Standing Orders, thus voiding all such appointments; thus declaring them as invalidly made.”