The Nation Newspaper

Tag: Danladi Umar

  • Softly, softly CCT chair Danladi Umar

    Softly, softly CCT chair Danladi Umar

    CCT chair Danladi Umar needs to take a cue from Prof Attahiru Jega’s uncommon patience when dealing with the (then) falling Peoples Democratic Party’s (PDP) as INEC was collating the result of the presidential election last year. Godsday Orubebe (remember him?) was the man appointed to play the party’s last joker. We saw how hard Orubebe tried to scuttle the exercise in anticipation of getting Jega annoyed, thus creating a stalemate that would have made the announcement of the election result inconclusive. But Jega showed uncommon composure, which over time wore out Orubebe because that was not what he and those who sent him anticipated. It was an exhausted and disappointed Orubebe that was whisked away from the venue before Jega took the microphone and gave him a thorough tongue-lashing. Orubebe might have apologised for his folly, but that would not erase what he did. So, while we take judicial notice of his apology, generations unborn will still get to know that he did what he did.

    In the same vein, those creating the drama that we are seeing in the Dr Bukola Saraki matter know what they are doing. They want the judge (Danladi Umar) to lose his cool so as to make their case that he cannot be fair to Saraki look real; no more, no less. Not many of our lawyers, including some of the very senior ones, are well grounded in the law these days; many are experts in technicalities rather than substantive innocence or guilt. So, when it seems technicalities are no longer selling, they are like fish out of water. We know where Saraki’s supporters are coming from and where they are going. They won’t mind going for the leg having missed the ball. We have heard what they are saying, even though they have not uttered a word.

    As Chinua Achebe once said, “an old woman is always uneasy when dry bones are mentioned in a proverb”.

    So, softly, softly, Justice Umar!

     

  • CCT rejects Saraki’s motion querying Umar’s integrity

    … Tribunal’s chairman, Saraki’s lawyer in hot exchange

    The Chairman, Code of Conduct Tribunal (CCT), Danladi Umar, on Thursday rejected the motion filed by Senate President, Bukola Saraki, querying his (Umar) integrity.

    The Senate president in the motion urged the CCT chairman to disqualify himself from further presiding over the asset falsification trial.

    Umar described the motion filed for Saraki’s lawyer, Ajibola Oluyede, as “rubbish, unmeritorious and a distraction.”

    He described the lawyer as a busy-body and a stranger to proceedings before the court.

    Saraki filed the motion on Wednesday, questioning Umar’s integrity and demanding that he withdraw from the trial.

    He claimed that Umar was being investigated by the Economic and Financial Crimes Commission (EFCC), saying he was likely to be manipulated by the EFCC to arrive at a decision favourable for the prosecution.

    At the commencement of proceedings, Adebayo Adelodun (SAN) who led the defence team, yielded ground for Oluyede to introduce his motion.

    Oluyede said the motion contained reliefs, including an order asking Umar to disqualify himself from further presiding over the case on the ground that he was being investigated for bribery.

    Lead prosecution lawyer, Rotimi Jacobs (SAN), interjected and said the application had not received the ‎approval of the lead defence lawyer, Kanu Agabi (SAN), who  was initially absent at the proceedings.

    Jacobs noted that Oluyede was not yet a lawyer in the case, because when he (Oluyede) filed the motion on Wednesday, he was yet to be recognised as a member of the defence team.

    At that point, the tribunal chairman intervened.

    He passed a copy of the EFCC letter  absolving him of the bribery allegation, on which Oluyede’ motion was predicated.

    Umar noted that Oluyede had filed similar application before the Federal High Court, Abuja, in a fundamental rights suit, which Justice Adamu Abdu Kafarati dismissed last Friday as being unmeritorious and constituting an abuse of court’s process.

    “As far as this tribunal is concerned, this application (motion) has not been filed. It is rubbish and it is hereby thrown out,” Umar declared.

    He directed Oluyede to sit down to enable the tribunal proceeds with the business of the day, which was the continuation of the cross-examination of the first prosecution witness, Michael Wetkas.

    Oluyede ignored Umar’s directive, insisting that he will proceed with his motion. He accused Umar of having “too many cloudy relationships with the EFCC,” adding that “This is part of the reasons we asked you to excuse yourself.”

    Umar interrupted him, threatening to commit the lawyer to prison should he persist to insult the tribunal.

    When Oluyede refused to sit down, but made attempt to proceed with his argument, Umar ordered the police orderlies in court to take him (the lawyer) away.

    The policemen were reluctant to carry out Umar’ directive, following which Jacob intervened and appealed for calm.

    Jacobs urged Umar to be patient, noting that the EFCC had since March 15 cleared him of the allegations.

    “My lord be patient, we will handle the application as we effectively did at the Federal High Court. We will expose the frivolity of the application even to the person who filed it,” Jacobs said.

     

  • EFCC clears CCT chairman of bribery allegation

    EFCC clears CCT chairman of bribery allegation

    The Economic and Financial Crimes Commission (EFCC) on Wednesday said it has no evidence linking the Chairman of the Code of Conduct Tribunal (CCT), Danladi Umar, with the N10 million bribery allegation.

    In a letter signed by the Executive Secretary of the EFCC, Emmanuel Adegboyega Aremu, the commission said its investigation did not link Umar with the allegation made by one AbdulRashid Owolabi in his petition to the Commission.

    CCT’s spokesman, Ibraheem Al-hassan, said in a statement on Wednesday that the letter from the EFCC was addressed to the Secretary to Government of the Federation and captioned ‘‘Re: Investigation report on  N10 million  bribery allegation against the Chairman Code of Conduct Tribunal, Abuja, with reference NO: EFCC/P/NHRU/688/V.30/99, dated 20th April, 2016.

    The letter reads, ‘‘Kindly recall our correspondence of 5th March, 2015, (reference EFCC/EC/SGF/03/56) with the above subject, please.

    ‘‘We would like to reiterate the commission’s position in regard to this matter as earlier communicated to you and stated that the allegations leveled against Justice Umar were mere suspicious and consequently insufficient to successfully prosecute the offence.”

     

  • Saraki renew moves to disqualify CCT chairman from trial

    Saraki renew moves to disqualify CCT chairman from trial

    Following his failed attempt to procure an order of the Federal High Court to disqualify the Chairman of the Code of Conduct Tribunal (CCT), Danladi Umar, from his trial, Senate President, Bukola Saraki has applied directly to the tribunal to have its chairman disqualified.

    In the application filed at the CCT’s Registry on April 19, Saraki, through his lawyer, Ajibola Oluyede, is raising the same issue of rights violation, which he canvassed in the fundamental rights enforcement suit that Justice Adamu Abadu Kafarati of the Federal High Court, Abuja dismissed in a judgment on April 15.

    Just as in the suit before the federal High Court, Saraki is contending in the fresh application that he would likely not get fair trial because Umar was allegedly being investigated for corruption by the Economic and Financial Crimes Commission (EFCC), the same agency which is conducting his (Saraki’s) prosecution before the CCT.

    He alleged that since the CCT chairman was being investigated, he was likely to be manipulated by the Executive to give a judgment that favours the prosecution.

    He argued that the current composition of the tribunal would not guaranty its fairness and impartiality.

  • CCT rejects Saraki’s request for one week adjournment

    CCT rejects Saraki’s request for one week adjournment

    The Code of Conduct Tribunal (CCT) on Tuesday rejected the plea by Senate President, Bukola Saraki for a one week adjournment in his trial for false asset declaration.

    CCT Chairman, Danladi Umar, in a ruling held that having earlier directed the that proceedings in the trial would be held day-to-day, it would be wrong for the tribunal to grant the defendant’s request for a week adjournment when there was no compelling reason.

    Umar noted that the defence team, including about 10 Senior Advocates of Nigeria, did not raise any objection on Monday when the tribunal elected to conduct proceedings on daily basis.

    He also noted that the defence team, upon its request, was promptly provided with all documents tendered during Monday’s proceeding by the prosecution.

    The CCT chairman further held that having agreed to commence the cross-examination of the first prosecution witness on Monday, a process that continued on Tuesday, a week’s adjournment would disrupt the flow of the witness and the court’s observation of the witness’ testimony.

    Umar, who upheld argument by the lead prosecution lawyer, Rotimi Jacobs (SAN), rejected the argument by Paul Usoro (SAN) for the defendant that the provision of Section 396 of the Administration of Criminal Justice Act (ACJA) 2015 conflicts with the provision of Section 36 of the Constitution in relation to the right of the defendant in a criminal trial for adequate time to prepare for his defence.

     

  • I am the one on trial, not the Senate- Saraki

    I am the one on trial, not the Senate- Saraki

    Senate President, Dr. Abubakar Bukola Saraki has said that his on-going trial at the Code of Conduct Tribunal will not disturb the activities of the Senate.

    Saraki stated this after the Tribunal Chairman, Mr. Danladi Umar announced that the proceedings in the trial involving the Senate President will now hold on a day-to-day basis.
    “I am the one on trial not the Senate. Even though I have been overwhelmed by the solidarity displayed by my colleagues, it is important that the work of the Senate is not unduly affected by this process, ” he said according to a statement by his Special Adviser (Media and Publicity) to the Senate President, Yusuph Olaniyonu.

    The Senate President affirms that the legislative body being an institution, would not be affected by the absence of any of the principal.

     

     

  • Saraki’s trial should not cripple Senate – CCT

    Saraki’s trial should not cripple Senate – CCT

    The Chairman of the Code of Conduct Tribunal (CCT), Danladi Umar, on Monday said the trial of Senate President, Bukola Saraki, for false assets declaration need not affect proceedings in the Senate, insisting that the personality of the defendant was different from the Senate as institution.

    Umar said it would be erroneous for people to conclude that the tribunal’s decision to henceforth, conduct trial on day-to-day basis would cripple the Senate.

    “The person, who happens to be the Senate President, is the one on trial. Others should go ahead with the business of the house. We are not trying the Senate. Members of the Senate have statutory responsibilities which they must carry out. They should go ahead. We will also go ahead with our work. The Senate can carry on with the business of the Senate,” he said.

    Umar’s position was informed by complaint by lead lawyer to Saraki, Kanu Agabi (SAN), that the tribunal’s decision to sit on the case every day would cripple the upper legislative chamber.

    Also, lead prosecution lawyer, Rotimi Jacobs (SAN), expressed regret that Senators at the proceeding murmured when the tribunal announced its decision to conduct day-to-day proceedings.

    He said it was a shame that the Senate, an institution funded with state could decide to personalise its activities by electing to close shop because an individual is on trial.

    “It is a disgrace to our nation to say that the Senate will be crippled because an individual is on trial. The Senate is not on trial here. The senators have no business being here. They should face their business, for which they earn such huge allowances. We should not personalise public offices,” Jacobs said.

     

  • 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.
  • 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 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.

     

  • Alleged bribe: CCT threatens to strike out charge against Orubebe

    Alleged bribe: CCT threatens to strike out charge against Orubebe

    The Chairman, Code of Conduct Tribunal, Danladi Umar, on Wednesday threatened to strike out the case brought by the Federal Government against former Minister of Niger-Delta Affairs, Godsday Orubebe.

    Danladi gave the warning following the prosecution’s failure to open trial in the case.

    Orubebe was arraigned before the tribunal on November 9 last year on a four-count charge of false assets declaration and acceptance of N70million bribe.

    The prosecution, led by Peter Danladi, on November 9, 2015 sought an adjournment for two weeks to enable it prepare its witnesses for trial.

    The tribunal granted the prosecution’s prayer and adjourned to November 26 for the prosecution to open trial.

    On November 26 everyone had expected the prosecution to call its witnesses, only for Danladi to announce plans by the prosecution to amend the charge.

    The prosecutor said he intended to amend counts two, three and four, a request the defence lawyer, Selekowei Larry (SAN), opposed.

    At Wednesday’s proceedings, a new prosecution lawyer, E.A. Orji, who said he was from the office of the Attorney General of the Federation (AGF), sought a further adjournment to enable him prepare for trial.

    Orji said although the case was slated for hearing, the original case file was transfered from the Code of Conduct Bureau (CCB) to the Department of Public Prosecution of the Federation (DPPF) in the office of the Minister of Justice and AGF.

    “I got to know of this development this morning. In the circumstance, we shall be asking for a date. We are looking at between three to four weeks adjournment to enable us study the case file and proceed with this matter with dispatch.

    “It is not our practice to delay trial. I have, before the court’s sitting informed the defence,” Orji said.

    Responding, Larry objected to the prosecution’s application for adjournment.

    He said: “This matter commenced on November 9, 2015. After plea was taken, there was some argument as to the next step forward.

    “The case was adjourned to November 26, 2015. On that day, the case could not go on because the prosecution hinted the court that it wanted to amend the charge.”