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Tag: Code of Conduct Tribunal

  • CCT Bill: Lawyers slam Senate

    CCT Bill: Lawyers slam Senate

    Some lawyers in Lagos on Friday reacted to the ongoing amendment of the Code of Conduct Tribunal Act by the Senate, describing it as self-serving and unacceptable.

     

    The lawyers, who spoke with the News Agency of Nigeria (NAN), said the amendment was ill-timed and a breach of public trust.

     

    NAN reports that the Senate President, Bukola Saraki, is currently being tried for alleged false declaration of assets by the Code of Conduct Tribunal.

     

    The bill to amend the CCT Act, has within 48 hours, scaled the second reading in the Upper Chamber.

     

    Mr Dotun Adetunji, the Chairman, Nigerian Bar Association, Ikorodu Branch, Lagos State, said the amendment of the CCT Act at this point was a “shameful act.’’

     

    He said any amendment to a law based on vested interest was contrary to the rule of law and the ethics of good governance.

     

    “This action of the Senate while its president is undergoing trial at the CCT is a shameful act.

     

    “It is also a slap on the generality of Nigerians that voted them into office and a breach of the trust expected of them.

     

    “This move by the Senate will not put this nation in good standing in the international community,’’ he told NAN.

     

    According to him, the amendment of the CCT Act by the Senate will not in any way bring Nigeria close to a sane society.

     

    “The rule of law is supposed to create a sane society and that is why its principles aim to ensure that a nation is governed by law and not by men’s self-serving interests.

     

    “The international community and Nigerians in diaspora should raise their voices in addition to all of us within the country to condemn this move by the Senate,’’ the NBA chief added.

     

    Another lawyer, Mr Ataene Spurgeon, said although the National Assembly was empowered by the statute books to make laws for the country, the amendment of the CCT Act might be a “coincidence.’’

     

    “The amendment of the Code of Conduct Tribunal Act is a `coincidence’ with the trial of the Senate President, Bukola Saraki.’’

     

    “If the laws establishing the Code of Conduct bureau and the Code of Conduct Tribunal are faulty, it becomes necessary for the sake of the good governance to amend the same.

     

    “If three judges ought to sit on a particular tribunal and there are only two judges presently sitting, then there is a gap in the law which needs to be addressed for the future, ’’ he also told NAN.

     

    For Mr Ola Ogunbiyi, the amendment should not affect the trial of the senate president.

     

    “The trial can only be affected if the trial is stalled till after the amendment.

     

    “The Senate can at any point amend the law, that it is being amended at this point in time is not an issue.

     

    “The law begins to take its course the day it is signed into law; it is not going to be retrospective.

     

    “Now it is not a law, it is still under amendment before the Senate and it will not affect his trial.’’

     

    An Abeokuta-based legal practitioner, Mr Emmanuel Olu-Alade, said there was no law forbidding amendment of an Act because someone was on trial.

     

    “The question is, ‎what are the paragraphs that are currently being amended and what would be the effect of the amended paragraphs considering the ongoing trial of Bukola Saraki.

     

    In his contributions, Mr Wale Ogunade, a lawyer and public affairs analyst, said:

    “The Senate is required by law to amend laws.

     

    “However, in the case of the amendment of the CCT Act by the Senate, the question to ask is: does the Senate have an honest intention or an ulterior motive.

     

    “My opinion is that the recent moves by the Senate to amend the CCT Act were designed to frustrate the trial of Saraki.

     

    “It is designed to water down the Act making it worthless, useless and of no effect whatsoever.”

  • Senate rushes passage of CCB Act amendment

    Senate rushes passage of CCB Act amendment

    Determined to pass the Bill for an Act to amend the Code of Conduct Bureau and Tribunal Act in a record time, the Senate Thursday unanimously endorsed the crucial second reading of the bill.

    The sponsor of the controversial bill, Senator Peter Nwaoboshi, (Delta North) appeared radiant in his red cap as he presented his lead debate.

    Deputy Senate President, Senator Ike Ekweremadu, presided in the absence of the Senate President, Abubakar Bukola Saraki.

    Debate of the proposed amendment was done in a jiffy with only one Senator, Yahaya Abbdullahi, (Kebbi North) managing to chip in some words of caution about the timing of the bill.

    A total of seven Senators, Dino Melaye, (Kogi West), Barau Jibrin (Kano North), Samuel Anyanwu (Imo East), Biodun Olujimi (Ekiti South), Bukar Abba Ibrahim (Yobe  ), Ibrahim Abdullahi Gobir (Sokoto East) and Ekweremadu (Enugu West) supported the bill while Senator Yahaya Abdullahi appeared to have dissented.

    Nwaoboshi told his colleagues that he sponsored the amendment bill that was promulgated in 1989 and came into operation in 1991 based on the provisions of the 1999 Constitution as it were.

    He insisted that it is clear that the Act did not contemplate criminal trial “so the usage of Criminal Procedure Act and Criminal Procedure Code should not be used as a procedural template in the Tribunal.”

    He promised to provide a comprehensive amendment of the Third Schedule to the Code of Conduct Bureau and Tribunal Rules of procedure which should be the distinct rule for proceedings in the Code of Conduct Tribunal.

    He noted that the 1999 Constitution has two schedules-Third schedule and the Fifth schedules dealing extensively with the Code of Conduct for public officer.

    Nwaoboshi noted that the Third Schedule to the 1999 Constitution of the Federal Republic of Nigeria provides: 3 “The Bureau shall have power to: (a) Receive declaration by public officers made under paragraph 12 of part 1 of the Fifth Schedule of this Constitution;

    (b) Examine the declaration in accordance with the requirements of the Code of Conduct or any law;

    © Retain custody of such declaration and make them available for inspection by citizens of Nigeria on such terms and conditions as the National Assembly may prescribe;

    (d) Ensure compliance with and, where appropriate, enforce the provisions of the Code of Conduct of any law relating thereto;

    (e) Receive complaints about non-compliance with or breach of the provisions of the Code of Conduct or any law in relation thereto, investigate the compliant and, where appropriate, refer such matters to the Code of Conduct Tribunal;

    Nwaoboshi urged his colleagues to support the bill.

    Senator Melaye in his contribution said that he studied the bill and it is clear to him that the Code of Conduct Act should be amended.

    Melaye noted that it has become apparent that the Code of Conduct Tribunal had begun to dive into criminal proceedings and criminal trial which was not the intention of the framers of the Act.

    He noted that the Act clearly stated that before trial, the person involved shall be communicated and the person will respond accordingly.

    He also said that the Tribunal should have at least three judges even though the Act stipulates five judges “but today the Tribunal has just two judges which is against the spirit and letters of the Act.”

    Senator Jibrin on his own said that it remained the duty of the National Assembly to make and amend laws where necessary to ensure that justice is always done.

    He added that in doing so, there should be fairness at all times.

    Senator Anyanwu reminded his colleagues that the only thing constant in life is change.

    He added that the Senate has the duty to amend gray areas of any legislation.

    Senator Olujimi said the amendment should be done “as quickly as possible.

    Senator Ibrahim also said the amendment should be done as quickly as possible and urged the presiding officer to find out if any senator was against the amendment.

    Senator Gobir described that amendment as “timely and important” and asked the Senate to go ahead to effect the amendment.

    Abdullahi however cautioned that timing of the presentation of the amendment was not auspicious.

    He said, “I want to point a word of caution. The question of the timing of this bill should be taken into consideration. Nigerian people can easily interpret that since 1991, this Act was not challenged but because our principal officer is being tried, we decided to come up with this amendment.”

    Abdullahi asked the upper chamber to re-examine whether the timing of the bill is right.

    Senator Ekweremadu asked if any senator was against the bill. There was pin drop silence on the floor.

    The Deputy Senate President noted that the bill has nothing to do with the proceedings going on in which the Senate President is involved.

    He said that Senators are only doing their job as parliamentarians adding that that Code of Conduct Bureau and Tribunal have come to stay.

    He however insisted that in carrying out their function, there must be equity and fairness.

    Ekweremadu who said that the Senate is not trying to frustrate anybody or institution, added “we must always do our jobs without fear or favour.”

    The bill was referred to the joint committee on Judiciary and Ethics, Privileges and Public Petitions to report back in two weeks.

     

  • CCT trial: Justice Auta accedes to Saraki’s request

    CCT trial: Justice Auta accedes to Saraki’s request

     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 an 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 on-line media, which he (the judge) said had cast him in bad light and portrayed him as a compromised judge.
    He said no mater 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 contented 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 of 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 no 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 yesterday. Investigation by The Nation also revealed that Justice Kafarati has rescheduled the judgment for this Friday.
  • Saraki earned salary for four years after governorship tenure

    Saraki earned salary for four years after governorship tenure

    …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.

  • ‘How Saraki diverted Kwara funds for personal properties’

    ‘How Saraki diverted Kwara funds for personal properties’

    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.

  • I’m happy my CCT trial commenced, says Saraki

    I’m happy my CCT trial commenced, says Saraki

    Senate President, Abubakar Bukola Saraki, has said that he is glad that his trial before the Code of Conduct Tribunal (CCT) on alleged asset declaration in 2003 has finally commenced.

    Saraki in statement by his Special Adviser (Media and Publicity), Yusuph Olaniyonu, said that Tuesday’s proceedings  gave him confidence that “if the trial is conducted fairly” he would “be vindicated.”

    The Senate President noted that “even though the prosecution tried to bring in some dramatic narratives, it was clear that they were merely thrashing around and hoping to titillate the public with salacious tales.”

    Saraki added that he was “hopeful however that when the time comes, his lawyers will have the opportunity to present his case.”

  • Saraki gets March 24 ruling date from CCT

    Saraki gets March 24 ruling date from CCT

    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.

  • Saraki arrives Tribunal with 80 lawyers

    Senate President, Dr Bukola Saraki and other senators on Friday arrived the court room of the Code of Conduct Tribunal (CCT) at about 10:00am.

    Senator Bukola, on arrival, went to greet members of his legal team led by Kanu Agabi (SAN).

    Chairman of the Tribunal, Justice Umar Danladi arrived with the other members of the tribunal at about 30 minutes later.

    As at the time of filing in this report, proceedings have commenced as the Tribunal Clerk calls out the case.

    Speaking with journalists, Justice Agabi said: “We shall win as there are 80 of us on this side,” then he started announcing the names of the other lawyers with him.

  • Saraki won’t resign unless convicted, says Senate Leader

    Saraki won’t resign unless convicted, says Senate Leader

    The Senate Leader, Ali Ndume on Tuesday said that the Senate President, Bukola Saraki will not step down from the number three position unless convicted by the Code of Conduct Tribunal (CCT).

    He made the remark while speaking with State House correspondents after leading some senators to a meeting with the Acting President Yemi Osinbajo at the Presidential Villa, Abuja.

    The Senate Leader also noted that it would be hasty to condemn the Senate President before the outcome of the tribunal’s trial since he has not been pronounced guilty.

    Ndume insisted that the closed door meeting with the Acting President was not to find a political solution to the travail of the Senate President but to solidarize with the Acting President.

    On possibility of Nigerians believing his visit to Villa was to seek political solution to Saraki’s travail, he said: “It is not new for people to read meaning. Are you saying that the Senate President should be convicted before the trial?

    “In our constitution, you are considered innocent until proven guilty,” he added.

    Speaking on the reason for their visit, he said: “This government is our government. I am the Senate Leader in this government, so my coming here today is not supposed to be a new thing. My coming here should even be more regular.

    “This is not the first time we are coming here. But this is the first time we are having the Vice President as acting President. That is one of the reasons why we are here.

    “This is because we are setting a new example. During the previous government, the President will just go and leave the place blank,” he said.

    Continuing, he said: “But this time around when our President goes for a few days, he transmitted to all Nigerians that the Vice President is to act as the President. So we came for the regular consultation. There is nothing new about it and we will be doing more of this.

    “You should expect me to be coming here. Now we have the budget as work in progress; we have we have the new Money Laundering Bill before the Senate, we have many things we are looking at. We have come to come and consult on these,” he stated.

    Among those who accompanied Ndume included Dino Melaye and Abdullahi Adamu.

  • Saraki’s conduct in court

    Saraki’s conduct in court

    Senate President, a layman indeed!

    But for the label, the ‘accused person’ on the box where Senator Bukola Saraki sat, while appearing before the Code of Conduct Tribunal; an observer would think he was on the soapbox, when he launched his political remarks in court, last Tuesday. His reprehensible conduct was the culmination of the shenanigans he had displayed, all in an effort to frustrate his arraignment before the tribunal for alleged false declaration of asset. In complete disregard for judicial procedure, Senator Saraki, an accused, took the microphone, and cockily sought to teach the court, the prosecutor, and his defence counsel, the law, even when he accepted that he is a lay- man.

    This false wisdom by Senator Saraki was furthered outside the court, when he tried to sell the dummy that he was being persecuted because he is the Senate President. We doubt the authenticity of this claim, considering that the issues before the court were fairly straight- forward, and were alleged criminal infractions which preceded his disputed emergence as Senate President. As fellow laymen, like Senator Saraki, our understanding is that when an accused person is charged before a court or a tribunal, he will respectfully appear before the court, and plead his innocence or guilt, as maybe the case, instead of politicising it.

    This should even be more evident, when the accused is an elected lawmaker. So, while Senator Saraki must for now be presumed innocent, and given all the lawful opportunity to defend himself, he should not be allowed to denigrate the judicial process, as part of his defence. We therefore identify with the prosecutor’s argument that what Senator Saraki and his legal team sought to do, by shopping for an interim injunction from other courts, would have ridiculed our country’s judicial process if they had succeeded in securing conflicting orders from different courts.

    We hope that what has happened, so far, will be a lesson to other accused persons that the era of dubious injunctions, to frustrate criminal trials, is at its twilight. We therefore commend both the federal high court and the court of appeal, for resisting the temptation to hamstring the lawful duties of a constitutional process. Indeed, we also commend the bold insistence of the tribunal that the law should take its course, despite the unwarranted attempts by the accused person and his rancorous supporters to disrupt the process.

    We are particularly appalled that some distinguished senators of the federal republic would lend their influence towards that unfortunate effort to intimidate the court. To the chagrin of many ordinary Nigerians, the accused person and his supporters substantially turned the venue of the tribunal into a political arena, with all manner of persons and groups chanting songs in Saraki’s support. We had thought that such antics are reserved for the guilty who merely use such subterfuge to intimidate a tribunal, scurry cheap popularity, and give a false sense of persecution of the innocent. In our view, the obviously hired hands that were within and outside the tribunal had no business there, and their efforts should be an embarrassment to the accused person.

    As Senator Saraki has rightly observed, he is a layman. That perhaps explains his uninformed diatribe, implying that but for his present status as Senate President, the alleged crime of false declaration of assets, when he was governor of Kwara State, and subsequently as a senator, would not have been unearthed many years after. While admitting at the tribunal that there is a change in national orientation, and urging the prosecutor and the tribunal to adhere to that change in his trial, Senator Saraki, uncharacteristically refused to link the resurgence of all national institutions to their constitutional responsibilities, to that commitment to change.

    Having had his day in court, despite his efforts to frustrate same, we expect Senator Saraki, whether as Senate President or an ordinarysenator to henceforth dedicate himself to ensuring that all persons, regardless of their stature, are subjected to the rule of law. That is a fundamental requirement of any modern society. Indeed, it is only when all persons are subjected to the rule of law, regardless of temporal privileges, that such a nation can lay claim to be on the threshold of fairness, equity and good conscience. We also hope that the experience of Senator Saraki would be a lesson to others who are under oath to obey the dictates of the constitution. As we have severally warned on this page, those who abuse their powers should know that the day of reckoning will  come, someday.