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Tag: Code of Conduct Tribunal (CCT).

  • Asset declaration: Appeal Court quashes Saraki’ acquittal by CCT

    Asset declaration: Appeal Court quashes Saraki’ acquittal by CCT

     

    … Senate president to lose seat if convicted

    The Court of Appeal sitting in Abuja on Tuesday ordered the Senate President, Bukola Saraki, to return to the Code of Conduct Tribunal for his false asset declaration trial.

    A three-man panel of the appellate court led by Justice Tinuade Akomolafe Wilson held that the prosecution was able to establish a prima facie case against Saraki in three of the 18 charges brought against him and subsequently quashed the remaining 15.

    The charges are on count 4, 5 and 6 and bordered on his alleged failure to declare houses he acquired in Abuja and Lagos.

    The court ordered that the case be remitted back to the tribunal for the Senate president to enter his defence.

    If convicted by the CCT, the Senate president may be banned from holding public office for years as the tribunal is not empowered by the constitution to jail erring public officers.

    The CCT had on June 14 upheld Saraki’s no-case submission and acquitted him on the false assets declaration charges.

    The charges:

    Count 4 – That you, DR. Olubukola Abubakar Saraki on or about 3rd June, 2011 within the jurisdiction of this Honourable Tribunal did make a false declaration in the Assets Declaration Form for Public Officers at the end of your tenure of office as Governor of Kwara State in 2011 by your refusal to declare Plot 37A, Glover Road, Ikoyi, Lagos which you acquired between2007 and 2008 through your company Carlisle Properties Limited from the Implementation Committee on Federal Government Landed Properties for a total sum of N325, 000,000.00 (Three Hundred and Twenty-Five Million Naira) and you thereby committed an offence under section 15 (1) & (2) of the Code of Conduct Bureau and Tribunal Act, Cap. C15, Laws of the Federation of Nigeria, 2004 and as incorporated under paragraphs 11 (1), & (2) of part l, Fifth Schedule to the Constitution of the Federal Republic of Nigeria 1999 (as amended) and punishable under Section 23 (2) of the Code of Conduct Bureau and Tribunal Act and as incorporated under paragraph 18 of Part l, Fifth Schedule to the Constitution of the Federal Republic of Nigeria 1999 (as amended).

    Count 5 – That you, Dr. Olubukola Abubakar Saraki, while being the executive governor of Kwara State on or about 18th September, 2003 within the jurisdiction of this honourable tribunal do make a false declaration in the assets declaration form for public officers on the assumption of office as governor of Kwara State by your refusal to declare No. 1  Tagus Street, Maitama, Abuja, otherwise known as Plot 2482 Cadastral Zone, Abuja, which you claimed in your end of tenure asset declaration form in 2011 to have acquired in November 1999 from one David Baba Akawu and thereby committed an offence under section 15 (1) and (2) of the Code of Conduct Bureau and Tribunal Act,  Cap C15  Laws of the Federation of Nigeria 2004 and is incorporated under paragraphs (1) (1) and (2) of Part I. Fifth Schedule to 1999 Constitution of Nigeria as amended.

    Count 6 – That you, Dr. Olubukola Abubakar Saraki, on or about 16th September, 2003 within the jurisdiction of this honourable tribunal do make a false declaration in the assets declaration form for public officers upon assumption of office in the year 2003 as governor of Kwara State by your refusal to declare No. 3 Tagus Street, Maitama, Abuja, otherwise known as Plot 2481 Cadastral Zone, Abuja, which you acquired through your company Carlisle Properties Limited from one Alhaji Attahiru Adamu before your assumption of office and you thereby committed an offence under Section 15 (1) and (2) of the Code of Conduct Bureau and Tribunal Act, Cap C15, Laws of the Federation of Nigeria.

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  • Appeal Court reserves judgment in appeal against Saraki’s acquittal

    Appeal Court reserves judgment in appeal against Saraki’s acquittal

    The Court of Appeal in Abuja has reserved judgment in the appeal by the Federal Government asking it to set aside the acquittal of Senate President, Bukola Saraki on charges of false assets declaration.

    A three-man panel of the appellate court, led by Justice Tinuade Akomolafe Wilson told parties, after they adopted their briefs of argument Tuesday, that the court would inform them when judgment was ready.

    The Code of Conduct Tribunal (CCT), in a ruling on June 14 this year, discharged and acquitted Saraki on the 18-count charge of false assets declaration, among others, brought against him by the Code of Conduct Bureau (CCB).

    In his lead ruling on June 14, CCT;s Chairman, Danladi Umar upheld Saraki’s no-case submission and held that the prosecution was unable to prove it’s allegations against the defendant.

    Dissatisfied with the CCT’s decision, the Federal Government, through the CCB approached the Court of Appeal and sought among others, the voiding of the tribunal’s ruling.

    Details later…

  • Saraki to FG: I’m not perturbed by your appeal suit

    Saraki to FG: I’m not perturbed by your appeal suit

    Senate President Bukola Saraki boasted Friday that the appeal filed by the Federal Government challenging his acquittal by the Code of Conduct Tribunal (CCT) will go the way of his original trial for false declaration of assets.

    Saraki,in his first reaction to the filing of the appeal by the federal government said he was “confident that the verdict at the appellate court would not be different from that of the tribunal as the facts of the case remain the same and the grounds on which the decision of the CCT was based remain unassailable.”

    He spoke in a statement by his Special Adviser on Media and Public Affairs, Yusuph Olaniyonu.

    “Anybody who has been following the proceedings and the evidence given by the prosecution witnesses during examination in chief and cross examination would know that if presented before any court of Justice and law, the same outcome as in the CCT would be arrived at,” Olaniyonu said.

    “Those who are running commentary on the ruling by the Tribunal and criticizing it are those who are not even familiar with the case and the details coming out of the trial.

    “That is why Dr. Saraki continues to wonder how desperate some people in government and their collaborators outside have become to pull him down at all cost and by all means up to the point that they do not care if they destroy the institution of the judiciary in the process.

    “That is why they sponsored stories of allegation of bribery in an online publication against the Tribunal judges.

    “The Senate President seizes this opportunity to call on security agencies to immediately commence investigation on this bribery allegation.”

    Saraki wants those who made the allegation to be invited to substantiate their claims.

    He cited the Chairman of the Presidential Committee on Anti-Corruption (PACAC), Professor Itse Sagay as one of such people.

    Continuing, Olaniyonu said: “Corruption is not just about giving or diverting money. When an official interferes with the judicial process with a view to achieving personal objectives, which is corruption.

    “We hear the same desperate people say there was so much evidence they are surprised at the verdict of the tribunal. But they forget to mention that this was a case that the prosecution counsel amended charges thrice.

    “If as it is being portrayed to the public it was a straight forward case following investigation how come every time their case was dismantled during the process they went back to amend charges just in desperation to get a conviction?

    “The Senate President notes that another sign of desperation by those who want to get him convicted at all cost was the failed antics of the prosecution counsel, Mr. Rotimi Jacob who in collusion with the Economic and Financial Crimes Commission (EFCC) sought to manipulate evidence at the tribunal.

    “On realizing the fundamental flaw in its case as it did not invite the defendant to make any statement at any point in the investigation, the prosecution brought in an agent of the EFCC to tender old statements Saraki made in a totally different and unrelated matter that had nothing to do with false asset declaration. The prosecution forgot that the letter inviting Saraki to make the tendered statements explicitly mentioned the matter being investigated. However, the tribunal, as it is obvious in its ruling, saw through the dirty trick. It therefore disregarded that piece of evidence and described it as irrelevant and of no value to the case,” he said.

    He said that all the evidence provided during the trial by CCT were all EFCC evidence adding that the CB chief prosecutor testified that he got his instruction to investigate the case orally.

    “He made his report from the investigation orally. Even the directive to ‘collaborate with EFCC’ on the investigation was given orally, a development the tribunal found strange and unknown to law. ‎

    “All these antics aimed at perverting the course of justice were obvious throughout the period of the tribunal’s sitting. Though, one is conscious of the fact that the anti- graft agency and its ally bodies are frantically looking for a poster-case to sell its anti-corruption campaign and there is the hunger for conviction in a celebrated case to advertise in the international arena government’s determination to pursue the anti-graft campaign, we implore them to achieve this aim by allowing Justice to take its normal course.

    “This Appeal against the CCT ruling is nothing but another attempt to grandstand and embark on another media trial without any substance. This is why the Senate President is sure it will be another exercise in futility.”

    Dr. Saraki has demonstrated his unflinching belief in and respect for the judicial process and its ability to resolve issues relating to fundamental rights of Nigerians. That belief in the judiciary is the basis for his assurance that the position of the CCT that he is not guilty of the charges preferred against him would be  sustained in the higher courts.

     

  • Breaking: CCT frees Saraki on charges of false assets declaration

    Breaking: CCT frees Saraki on charges of false assets declaration

    The Code of Conduct Tribunal (CCT) Wednesday discharged and acquitted Senate President, Bukola Saraki on charges of false assets declaration brought against him.

    The tribunal in a unanimous ruling by its two members upheld the no-case submission made by Saraki.

    The tribunal held that the prosecution was unable to discharge the burden of proof placed on it under the law.

    It held that the evidence led by the prosecution have been sufficiently discredited by the defence during cross-examination.

     

  • CCT judge queries use of public funds to buy vehicles for politicians

    CCT judge queries use of public funds to buy vehicles for politicians

    Hon. Justice Agwadza William Atedze of the Code of Conduct Tribunal (CCT) has queried the use of public funds to buy vehicles for politicians.

    He therefore and counselled Socio-Economic Rights and Accountability Project (SERAP) to research the issues “to see how best we can reconcile our social and cultural values viz-a-viz the entire war against corruption and advise our policymakers accordingly.”

    Justice Atedze said this Thursday at the launch of SERAP’s latest report titled Combating Grand Corruption and Impunity in Nigeria: An Agenda for Institutional Reforms in Anti-Corruption Strategies.

    The report is published under a project to promote justice sector and anti-corruption oversight mechanism reform, which SERAP is undertaking in collaboration with the National Endowment for Democracy (NED), USA.

    Mr. Dauda Joki-Lasisi, Head of Procurement and Fraud Section of the EFCC who represented the agency at the report launch said that, “the fight against corruption can be likened to an allegory of a giant in the midst of ants, as little as an ant is, it may not be able to wear the trouser of a giant, but will remove it.”

    The Head of ICPC Lagos Office Mr. Olufemi Nofiu; and Mr. T. Collins who represented the Chairman of the CCB, Mr. Sam Saba echoed similar sentiments, promising to “do anything and everything within their powers to curb corruption in the country in its entirety.”

    Chairman of the report launch Barrister Babatunde Ogala said that, “Corruption is simply a way of life for us all, it is deep, when you steal as a religious institution, you are as corrupt as any Nigerian. In my opinion, corruption is both cultural and religious, corruption is as big as this country, the way of curbing it is by changing our national orientation.”

    Barrister Ogala, who was former Chairman of the Lagos State House of Assembly Committee on Judiciary, also said that, “The EFCC ought to have offices even at the local government level. The society itself encourages and invests in corruption. As a legislator, I was constantly measured by what I did for individuals and not by the amount of law making I engaged in.”

    All the anti-graft agencies present at the event renewed their commitment to work even harder to end the problem of grand corruption in the country, and end its devastating consequences.

    They include the Economic and Financial Crimes Commission (EFCC); the Independent Corrupt Practices and Other Related Offences Commission (ICPC); and the Code of Conduct Bureau (CCB).

    The report contains several recommendations among which is the call to the Chief Justice of Nigeria (CJN), Hon Justice Walter Onnoghen, to “ensure that all judges fully utilise the provisions of the Administration of Criminal Justice Act (ACJA) in the hearing of grand corruption cases before them.”

    Among other key recommendations, the report urges Justice Onnoghen to “ensure that judges, in situations where the ACJA rules apply, are made to follow the dictates of these innovative statutory interventions or face disciplinary action, and to incorporate into ongoing judicial trainings these crucial statutes and procedures as well as include the ACJA as part of the mandatory continuing legal education for all judges in Nigeria.”

    The report also recommends that “The Chief Justice and all other judges should also periodically disclose and publish their assets. The Chief Justice should promote full independence for the National Judicial Council including by allowing retired judges of proven integrity to lead the council.”

    Executive summary of the report read in part: “Corruption is a threat to democracy. It erodes confidence in and respect for democratic institutions and emerges as an obstacle to social, economic and human development. The fight against corruption is therefore crucial to achieve economic development and stability.”

    “Anti-corruption agencies in Nigeria generally have not met widespread expectations mainly because of lack of political will of those in government to fight grand corruption; absence of an over-all national anti-graft strategy; inadequate legal framework and resources and/or lack of full and effective implementation of new initiatives; limited independence and public trust; lack of an enabling climate and necessary know-how, and lack of basic ethical values.”

    “Anti-graft agencies should seek stiffer penalties for convicted corrupt officials and minimise the use of plea bargaining, to serve as deterrence; and the judiciary at all levels should assume leadership in this regard.”

    “The Government of President Muhammadu Buhari and the Acting President Professor Yemi Osinbajo should instruct the Attorney General of the Federation and Minister of Justice Abubakar Malami, SAN to urgently ensure the full and effective implementation and enforcement of the Practice Directions on Serious Crimes, 2013, and the ACJA Act 2015 in all courts and tribunals handling cases of grand corruption to ensure that stalling of prosecution by defence lawyers becomes history.”

    “The Government of President Muhammadu Buhari and the Acting President Professor Yemi Osinbajo should reform the anti-graft agencies in Nigeria with a view to granting them independence, freedom of action and adequate resources, so that they can carry out their mandates effectively.”

    “The Government of President Muhammadu Buhari and the Acting President Professor Yemi Osinbajo should instruct anti-corruption agencies to urgently publish reports of their investigations into the allegations of budget padding by the leadership of the National Assembly and to prosecute anyone suspected to be involved in grand corruption. President Buhari and Acting President Osinbajo should also ensure adequate protection for the Whistle-blower Abdulmumin Jibrin.”

    “The Government of President Muhammadu Buhari and the Acting President Professor Yemi Osinbajo should prioritise and give sufficient political and operational attention to the coordination of anti-corruption efforts, with coordination issues considered from the design stage of anti-corruption policy making, as many coordination efforts in the operations of anti-corruption agencies in Nigeria have failed because of their original design flaws.”

    “The EFCC and ICPC should urgently come up with strategies for prioritising corruption cases within states and local government levels. Corruption should not only be fought at the Federal level but also at the state and local government levels.”

    “The EFCC and ICPC should intensify processes to investigate and effectively prosecute state officials involved in diverting bailout funds meant for payment of salaries and pensions but which the ICPC has disclosed have been diverted. The ICPC should publish the bailout report and name and shame all of those suspected to be involved.”

     

  • CCT: Prosecution to call Saraki’s account officer as witness

    CCT: Prosecution to call Saraki’s account officer as witness

    …Tenders Senate President’s statement

     

    The prosecution in the trial of Senate President, Bukola Saraki said Thursday that it planned to call the officer in charge of Saraki’s accounts with Guaranty Trust Bank (GTB) Plc as its next witness.

    Saraki is being tried before the Code of Conduct Tribunal (CCT) for alleged false assets declaration.

    Lead prosecution lawyer, Rotimi Jacobs ‎(SAN) disclosed this at the resumption of proceedings yesterday after the prosecution tendered a statement said to be made by Saraki.

    The statement was said to have been made to the Economic and Financial Crimes Commission (EFCC) in 2013.

    The statement dated August 12, 2013, was tendered by the prosecution through its fourth witness, Alvan Gurummaal, a detective of the EFCC.

    He was subpoenaed to produce the statement before the tribunal as he was said to be a party to the investigation of the case.

    The content of the statement was not disclosed during proceedings.

    Saraki has consistently claimed that he was not allowed to respond to the discrepancies notice in his assets declaration forms before the Code of Conduct Bureau (CCB) referred him to the CCT for prosecution.

    After the witness tendered the statement, which was admitted by the tribunal, Jacobs said he could not continue because his nest witness was not available.

    Jacobs said the next witness,  who is Saraki’s account officer at the Guaranty Trust Bank Plc, informed him that he(the witness) would be absent from the day’s proceedings because he has a medical appointment to undergo surgery.

    He applied for an adjournment to a later date to enable him produce the 5th prosecution witness. He was silent of the proposed witness’ name.

    Tribunal’s Chairman, Danladi Umar, acceded to Jacobs’ request for adjournment in the absence of opposition from the defence team.

    He adjourn May 4 for continuation of trial.

  • Witnesses’ absence stalls Saraki’s false asset declaration trial

    Witnesses’ absence stalls Saraki’s false asset declaration trial

    The absence of prosecution witnesses on Thursday in Abuja at the Code of Conduct Tribunal (CCT) again stalled the trial of Senate President Bukola Saraki.

    The senate president is standing trial over alleged false assets declaration while serving as governor of Kwara.

    The News Agency of Nigeria (NAN) reports that the trial had suffered similar fate between April 18 and April 25.

    Both adjournments, however, were at the instance of the prosecution team.

    Saraki’s trial which began in September 2015 had suffered numerous setbacks, mostly at the instance of the prosecution.

    NAN recalls that the prosecution shortlisted eight witnesses who would testify against the senate president in the 13- count charge of alleged false assets declaration.

    Those to testify are Yahaya Bello, Michael Wetkas, Mustapha Musa, Nura Bako, Adamu Garba, Samuel Madojemu, Abdulrahaman Dauda and Nwachukwu Amazu.

    Some of the witnesses were said to be DSS operators who investigated the four forms submitted to the Code of Conduct Bureau by Saraki.

    The prosecutor, Mr Rotimi Jacobs (SAN) had asked for short adjournment to enable him produce his witnesses.

    The Chairman of the tribunal, Justice Danladi Umar adjourned the matter till May 4 for continuation.

  • Assets declaration: ‘Why CCB didn’t interview Saraki during investigation’

    Assets declaration: ‘Why CCB didn’t interview Saraki during investigation’

    …Trial resumes March 21

     

    The Code of Conduct Bureau (CCB) did not see the need to interview Senate President, Bukola Saraki while investigating the alleged inconsistencies in the various assets declaration forms Saraki submitted, a senior official of the bureau explained Thursday.

    Saraki has consistently claimed to have been denied fair hearing on the ground that he was not interviewed by the CCB on the alleged discrepancies in his assets declaration forms before he was charged before the Code of Conduct Tribunal (CCT).

    But, Thursday, CCB’s Head of Investigation Department, Samuel Madojemu explained that it was not a mandatory requirement that everyone being investigated by the CCB must be interviewed personally before charges are filed against such a person before the CCT.

    He said, in Saraki’s case, the CCB chose not to invite him for interview because his statement on oath as represented by his declarations in the various assets declaration forms he submitted to the CCB was sufficient.

    Madojemu spoke while being cross-examined as the third prosecution witness by Saraki’s lawyer and former Attorney General of the Federation (AGF), Kanu Agabi (SAN), at the resumption of proceedings yesterday in the Senate President’s trial before the CCT.

    “The defendant (Saraki) was not interviewed because he had already made his statement on oath in the form of his assets declaration form.

    As a matter of convention in the CCB, we usually invite subjects (those being investigated), but it is not compulsory. It is within the prerogative of the Chairman of the CCB to invite or not to invite,” Madojemu said.

    He also said Saraki was not the only former state governor investigated by the CCB.  Madojemu said he could not confirm if the team that investigated Saraki in 2006 interviewed him, because he (the witness) was not part of that team.

    The witness, who said he was a member of the team of investigators that investigated Saraki’s assets declaration claims in 2015, stated that the 2015 investigation was in furtherance of an earlier investigation conducted in 2006.

    He said the latter investigation was informed by complaint from the Federal Ministry of Justice, which found that report of the 2006 investigation scanty. He said he was not aware there was a petition to the CCB against Saraki.

    Madojemu said: “The 2015 investigation was informed by the need for further investigation of his claims in the assets declaration forms. I am not here to challenge the work of the 2006 investigation team, but to state that, based on the outcome of the investigation conducted by the 2006 team, which was found to be scanty; there was need for further investigation.”

    When Agabi sought to know who declared the 2006 report scanty, the witness said the EFCC reviewed the report and found that it did not cover all the years Saraki served in public offices and decided there was need for further investigation of all his assets declaration claims.

    On who directed the 2015 investigation, Madojemu said: “The complaint came from the Federal Ministry of Justice, arising from the investigation by the EFCC. From the complaint and intelligence supplied by the Federal Ministry of Justice, the CCB and EFCC decided to collaborate to ensure detailed investigation of the case.”

    The witness gave names of some members of the 2015 investigation team to include himself, Michael Wetkas (of the EFCC), Nura (EFCC), Samuel Yahaya (CCB), Peter Danladi (CCB) and Yahaya Bello (EFCC).

    The tribunal, which sat for less than two hours yesterday, has adjourned further hearing to March 21.

  • CCT Chairman approves arraignment of Justices Nguta, Ademola

    The Chairman, Code of Conduct Tribunal (CCT), Justice Danladi Umar, on Thursday approved the filing of cases against Justice Sylvester Nwali Ngwuta of Supreme Court and Justice Adeniyi Ademola of Federal High Court, Abuja.

    The tribunal’s Head, Press and Public Relations, Mr Ibraheem AL-Hassan, said this in a statement he signed and made available to newsmen in Abuja.

    Al-Hassan said the chairman received the charges separately on Wednesday, from the office of Attorney-General of the Federation and Minister of Justice.

    He said the charges which ranged from non-declaration of assets to false asset declaration preferred against the two Judges, were signed by Mrs Hajara Yusuf, the Principal State Counsel.

    Al-Hassan said Ngwuta was charged with 10-count charge bordering on false asset declaration and Ademola, two-count charge on non-declaration of assets.

    He said both offences were contrary to Section 15 of the Code of Conduct Bureau and Tribunal Act, Cap C15 Laws of the Federation of Nigeria 2004, adding that they were offences punishable under Section 23 (2) of the same Act.

    “Details of the counts are contained in the charge sheets. This is to confirm the receipt and subsequent approval of the charges by the Chairman, Code of Conduct Tribunal.

    “The tribunal would in due course communicate dates fixe for the arraignment of the Judges,’’ he said.

    Both judges are standing trials at Federal and FCT High Court, respectively, on fraud allegations.

  • Court strikes out suit challenging Saraki’s trial at CCT 

    Court strikes out suit challenging Saraki’s trial at CCT 

    A Federal High Court in Abuja has struck out a suit challenging the propriety of the trial of Senate President, Bukola Saraki before the Code of Conduct Tribunal (CCT).

    Justice Gabriel Kolawole struck out the suit following an oral application by Mrs. H. M. Eken, lawyer to the Attorney General of the Federation (AGF), Abubakar Malami (SAN).

    At the commencement of proceedings, Mrs. Eken noted that the applicant – Timipa Jenkins Okponipere – was absent in court. She argued that the applicant’s absence was an indication the lack of diligence on his part to prosecute the case.

    Mrs. Eken urged the court not only to strike out the suit, but to also award N20, 000 cost against the applicant.

    Ruling, Justice Kolawole noted that on the previous adjourned date of September 29, 2016 neither the applicant nor the two respondents were in court.

    He noted that although the hearing notices ordered by the court were not served on parties, the fact that the 2nd respondent was in court showed more diligence on the AGF’s part.

    Relying on the provision of Order 19 Rule 15 of the court’s Civil Procedure Rules, the judge struck out the suit.

    He declined to award any cost against the applicant on the ground that there was no evidence that hearing notice was served on the applicant.

    The applicant, who claimed to be “suing as attorney to Senator Abubakar Bukola Saraki,” listed the CCT and the AGF as respondents in the suit, in which he sought among others, to restrain the respondents from proceeding with Saraki’s trial.

    Okponipere had prayed the court’s declaration that “the plan to resume the trial of Senator Abubakar Saraki at the CCT is a breach of his fundamental right to fair hearing as guaranteed by Section 36(1) of the 1999 Constitution (as amended).

    He also prayed for an order compelling the CCT and AGF to suspend indefinitely, any plan to resume the trial at the CCT.

    Among the grounds relied on by the applicant, include that the trial at CCT was commenced at the wrong time; four years after Saraki allegedly committed the offences.

    “Having regard to the aims and objectives of the Code of Conduct Bureau (CCB) and its functions in sections 2 and 3 of the Code of Conduct Bureau and Tribunal (CCBT) Act, Senator Saraki ought to have been prosecuted by the respondents long before he returned to public life again in 2015 as an elected Senator.

    “Indeed, the CCBT Act never contemplated that an incumbent public office holder was already corrupt before he attained public office, otherwise, people like Senator Saraki, who had a case to answer regarding his activities between 2003 and 2011 would not have been permitted to return to public life.

    “However, four years later in 2015 4enator Saraki not only returned to public life as a Senator, he went on to become the President of the Senate, Chairman of the National Assembly and Nigeria’s number three citizen.

    “It is nobody’s fault that the 1st and 2nd respondents were not vigilant enough to stop or prevent Senator Saraki from attaining public office. If truly the respondents were proactive institutions of government, they ought to have prosecuted Senator Saraki immediately after he left office as Governor of Kwara State in 2011, but they never did.

    “The failure, refusal and/or negligence of the respondents to prosecute Senator Saraki for the offences he allegedly committed between 2003 and 2011 before he returned again to public life as a Senator, vitiated all his past alleged misdeeds such that, as of June 8, 2015 when he was inaugurated as a Senator, he was assumed to be a public office holder without blemish in the eyes of the law and in the eyes of the respondents, otherwise they would have long since initiated proceedings against him.

    “The subsequent attempt to put Senator Saraki on trial over offences allegedly committed between 2003 and 2011 are not only tainted with political mischief and desperation, they constitute a breach of his fundamental right to fair hearing,” Okponipere said.

    However, the AGF, in a notice of preliminary objection, faulted the suit and urged the court to dismiss it for lacking in merit.

    The AGF noted that the subject matter of the suit did not fall within the provisions of chapter four of the Constitution, containing the guaranteed fundamental human rights.

    “The appellant lacks the locus to institute this suit on behalf of Senator Saraki in the absence of any legal basis which prevents him (Saraki) from deposing to the affidavit accompanying this application himself.

    “The grant of the applicant’s reliefs will constitute an abuse of court/judicial process having regard to the fact that the subject matter of this suit has been determined by the Supreme Court,” the AGF said.