The Nation Newspaper

Tag: Paul Usoro (SAN)

  • NBA to politicians: Don’t pollute judiciary with do-or-die politics

    The Nigerian Bar Association (NBA) Monday warned politicians not to pollute the judiciary in a bid to achieve political power by all means.

    It said leaders must be reminded that the quest for offices must not divide the people or lead to violence and deaths, but should unify people and yield dividends of democracy.

    In a statement by its president Paul Usoro (SAN) issued to mark Independence Day, the association said do-or-die politicians must not be allowed to debase the temple of justice ahead of next year’s general election.

    “Politics must not be our bane; it must be for us, a unifying force and the vehicle for our prosperity and enhanced living standards. These are the critical issues that must occupy our leaders’ minds on this Independence Anniversary day and beyond.

    “Politics must not be allowed to debase our temple of justice and the rule of law in our country. Our judiciary and the rule of law must remain sacrosanct,” NBA said.

    The lawyers’ body noted that the absence of rule of law is anarchy and a descent into abyss, adding that lawyers and the Bench must do their part to build confidence in the Judiciary.

    NBA said: “We must not in the name of politics and for political reasons pollute our fountain of justice.

    “The judiciary is one institution that has constantly kept our country united through its pronouncements; the decisions of our courts more often than not ward off ethnic strives, political unrests, chaos, bedlam and riots – the fingerlings of anarchy.

    “It is seemly as well that we, as workers and ministers in Nigeria’s temple of justice – ranging from their Lordships to lawyers and other stakeholders in the justice sector – constantly remind ourselves of the need to uphold the core values and sanctity of our noble profession in and through our words, deeds, actions and conducts, at all times.”

    NBA said Nigeria cannot continue to make excuses for its underdevelopment, and called for better management of the country’s abundant resources.

    “In making excuses for our 58-year old country, we often fall back on the arcane saying that ‘Rome was not built in a day’ and that a country’s journey to maturity takes longer than that of an individual or a person.  That is not true or correct.

    “Singapore, illustratively, attained self-government in 1959 and became an independent and sovereign nation in 1965 after the collapse of its merger with Malaysia in 1963 and, as at date, that country is miles ahead of Nigeria in terms of development.

    “Yes, Singapore does not have our population size and diversity with its attendant challenges, but it also does not have the gamut of our natural resources ranging from mineral resources, fertile arable land, a pool of talented citizens who continuously make us proud outside Nigeria.

    “What has consistently been lacking in our country is, perhaps, the ability to coalesce these abundant resources and talent which, it must be emphasised, can be found in all the nooks and crannies of this great country, into a unified and productive whole that could and would easily turn Nigeria into the figurative Eldorado and, in the process, turn our diversity into strength and our abounding population into a productive work force.

    “These are reflections that must today occupy the minds of our leaders, of all strata, as we mark 58 years of Nigeria’s independence and declaration as a sovereign nation.

    “This is also particularly apposite as we enter another season of National Elections, the precursor of which has been the recently conducted Osun State Governorship Election.

    “With that in mind, our leaders need to consciously resolve, on this Independence Anniversary day of our nation, to make a difference in the lives of our people.

    “Governments at all levels must renew their pledges to work for the betterment of the lives of our people thereby recording tangible dividends of independence for the Nigerian people,” NBA said.

    The association praised the Nigerian Labour Congress (NLC) for calling off its warning strike on the eve of independence anniversary.

    “Their maturity in calling off the strike should not be misunderstood as a lack of merit in labour’s demand for an increased minimum wage, from the stagnant N18, 000.00 that takes no account of inflationary and living condition trends.

    “It is our hope and expectation that the government negotiators will continue apace with the labour negotiations, notwithstanding the fact that the strike has been called off and, in the process, achieve a resolution that the parties could live with,” NBA said.

  • CCT trial: Saraki closes case after calling a witness 

    CCT trial: Saraki closes case after calling a witness 

    The trial of Senate President, Bukola Saraki resumed at the Code of Conduct Tribunal (CCT) Tuesday with his invitation of a witness. He equally closed his case after the witness concluded his evidence.

    The witness, Dr. Ademola Adebo, an ex-commissioner with the Code of Conduct Bureau (CCB), told the court that he was familiar with assets declaration process.

    He said at a time, he was engaged by CCB to simplify the CCB Assets Declaration Form and also created a portal so that public officers will not have to visit CCB to declare asset.

    He identified some asset declaration forms filled by Saraki at the commencement and conclusion of his tenure as Governor in Kwara State in 2007 and 2011 when he became a Senator.

    The witness, led in evidence by Paul Usoro (SAN) read from the forms where Saraki declared that he acquired Nos: 17A and 17B Macdonald, Ikoyi through sale of rice and sugar commodities.

    In another form, the witness read where Saraki also said he bought the same houses through bank loan from GTB.

    At the conclusion of his evidence-in-chief, the prosecution, led by Rotimi Jacbos (SAN), was about to commence cross-examining the witness when tribunal’s Chairman, Danladi Umar announced a brief suspension of proceedings.

    He said the trial will resume in 30 minutes.

    When proceedings resumed later, Adebo, under cross-examination said he was a lecturer in the Ondo State University before his appointment as a member of the CCB in 2010.

    He said he had lectured in two universities in the United States as Assistant Professor of Political Science before returning to Nigeria.

    When asked to confirm if he was still a member of the CCB, the witness said the issue, relating to the dissolution of the board to which he belonged, was a subject of litigation in court.

    When given copies of the asset declaration forms completed by Saraki and was asked to identify his signature or name, the witness said he did not sign any of Saraki’s forms.

    The witness said he could not recall any other ex-Governor that was charged before the tribunal beside the former Lagos State governor.

    When asked if the CCB was only interested in prosecuting cases involving the poor public officers, Adebo said the CCB was not expected to always prosecute public servants but to also protect them.

    He blamed the CCB’s inability to function effectively on the lack of structure, a development, he said informed why, there was effort, while he was a member, to restructure it for efficiency.

    When Jacobs indicated that he was through with the witness, Usoro’s attempted to ask the witness further questions, an attempt the CCT Chairman rejected, upon an objection by Jacobs on the grounds that the questions do not relate to issue that emanated during cross-examination.

    At that point, the CCT Chairman asked parties to agree on the next date. But, while Usoro, Jacobs and the tribunal’s Registrar were trying to agree on a date, Saraki, who sat in the dock, signalled to the leader of his legal team, Kanu Agabi (SAN), who promptly approached him.

    Saraki conferred briefly with Kanu, shortly after which the lawyer informed the tribunal that the defence has made up its mind to close its case.

    The announcement came as a surprise to all, because the defence had, at the commencement of proceedings, indicated its intention to call four witnesses. Agabi was, however, silent on why the defence changed its mind.

    The CCT Chairman later adjourned to February 27 for the adoption of parties’ final written address.

  • ‘Saraki operated, funded hidden foreign accounts as public officer’

    ‘Saraki operated, funded hidden foreign accounts as public officer’

    Senate President, Bukola Saraki operated foreign between 2009 and 2012 while serving as a public officer, a witness said on Tuesday at his resumed trial before the Code of Conduct Tribunal (CCT) in Abuja.
    Saraki was Kwara State Governor between 2003 and 2011 and has since 2011 been member of the Senate.
    Among the 16 counts on which he is being tried for false assets declaration is that he operated foreign accounts and failed to declare them, acts which offend public service rules.
    At the resumption of proceedings before the CCT, the Head of Funds Transfer Unit, Guaranty Trust Bank, Amazi Nwachuckwu confirmed that the Senate President did operate and fund foreign accounts as a public officer.
    Nwanchukwu, who was led in evidence by lead prosecution lawyer, Rotimi Jacobs (SAN), said Saraki kept dollar, pounds sterling and naira accounts domiciled in the Ilorin, Kwara State branch of the GTB.
    The witness, who was asked to read the documents including Saraki’s bank statements, said Saraki transferred over $3m from his dollar account to his foreign account between 2009 and 2012.
    The witness said Saraki transferred  $73,223.28 to America Express Services Europe Limited, New York, through the America Express Bank, New York card account.
    “Dr Saraki filled the transfer request form in Kwara State Government House, Ilorin.
    “He gave the instruction to transfer the sum of $73,223.28 to the beneficiary, the America Express Services Europe Limited, New York, through the America Express Bank, New York’s account number 730580 maintained by  America Express Service Europe Limited.
    “The purpose of the payment was funding for amounts utilised on AMEX (American Express) cards issued to the customer (dollar credit card no. 374588216836009).
    “For his dollar account number 441/441953/2/1/0, the customer (Saraki) signed the fund transfer form. The form was received from the account officer in Ilorin branch.
    “We then processed it and transferred it to our corresponding bank abroad. The corresponding bank then transferred it to America Express Bank Limited,” the witness said.
    The witness said Saraki authorised the transfer of a total of £1,526,194.53 from his pounds sterling account to his Fortis Bank, London, account in three instalments within two days on February 15 and 16, 2010.
    He added that his bank – GTB –  offered a N375m loan to Saraki through a letter dated February 10, 2010.
    Nwanchukwu said Saraki instructed GTB to transfer the pounds sterling equivalent of the loan to fund his mortgage on a London property.
    “Exhibit 7 is a letter dated February 10, 2010. -t is a letter of offer of facility. From the letter, the borrower was Dr. Bukola Saraki. The sum of N375m was offered to him.
    “The purpose of the offer was for the purchase of the property in London. From Exhibit 9 (bank statement), there was  part payment of mortgage redemption.
    “On February 15, 2010, there was second part payment for mortgage redemption. (The amount remaining to be paid was £1,394, 415.53).
    “On February 16, 2010, there was full and final payment for mortgage redemption. Total amount payment was £1,516,194.53. The transfers were done within two days on February 15 and 16, 2010,” Nwanchukwu said.
    He admitted lacking full knowledge of the procedure of fund transfer in London, but insisted that by his experience with GTB, “a customer can only give instruction to transfer money to another account in another bank, that customer must be maintaining an account in that another bank.”
    The witness said a “telex” was usually generated and sent to the customer who gave the transfer instruction as confirmation for the transfer of funds to foreign accounts.
    Nwanchukwu, who testified as the 2nd prosecution witness,  said the “telexes” with respect to Saraki’s pounds sterling transfer were burnt in a fire incident that engulfed the Funds Transfer Unit at the GTB headquarters.
    “As I explained, when you debit a customer, he receives a debit alert. When the transaction is consummated by transfer of the money abroad, a telex confirmation is generated and sent to the account officer who will now forward it to the customer.
    “The three telexes “with respect to the Saraki’s transactions) were destroyed by fire incident that happened in the unit. I am not aware of any complaint that the (Saraki’s) London account did not receive the money,” he said.
    During cross-examination, the defence lawyer, Paul Usoro (SAN), tendered the statement made by Nwachukwu to the Economic and Financial Crimes Commission (EFCC) on September 10, 2015.
    Nwanchukwu said as at when the telexes of February 15 and 16, 2010, were generated, he was not working at the Funds Transfer Unit of the GTB.
    The witness said between 2009 and 2012 he was working at the Central Clearing and the Foreign Operations unit of the bank.
    He said he played no role in the documentation relating to Saraki’s transactions.
    “I did not see the documents. But I know the existence of the documents because the process is standardised. I am here to testify based on the bank’s record, he said.
    The witness said he did not mention anything about the burnt telexes in his statement because he made the statement based on the questions asked by the EFCC interrogator, whom he said did not raise any question concerning the fire incident.
    He said the “mortgage redemption” for which Saraki transferred the £1.5m to a foreign account meant payment for house purchase.
    He admitted not having deep knowledge on mortgages.
    Nwanchukwu said he did not have knowledge of the relationship between Saraki and Fortis Bank as well as the American Express Europe Limited and American Express Europe Bank.
  • 14 days after, Saraki ends historic cross-examination

    14 days after, Saraki ends historic cross-examination

    After engaging the first prosecution witness in his trial for 14 days, Senate President, Bukola Saraki ended his cross-examination of Michael Wetkas on Tuesday.
    Saraki is being prosecuted on a 16-count charge of false assets declaration before the Code of Conduct Tribunal (CCT).
    Since the prosecution team led by Rotimi Jacobs (SAN) concluded with Wetkas (an operative of the Economic and Financial Crimes Commission)  as its first prosecution witness about five months ago, the defence has been cross-examining him.
    At some points, the tribunal Chairman, Danladi Umar and Jacobs had had cause to complain about the seeming unending cross-examination by the defence team, with lawyers in the team, including Paul Usoro (SAN) and Paul Erokoro (SAN) taking a turn to ask the witness questions.
    Many were, however, surprised when Usoro announced that the defence was through with Wetkas because he (Usoro) did not give any hint the previous day that he would be done with the witness yesterday.
    At the commencement of proceedings yesterday, Usoro queried the witness in relation to count-16 of the charge.
    The count relates to an allegation that the Senate President between, June 2011 and October 2013, took salaries and emoluments from Kwara State Government and at the same time from the Federal Government as a Senator in breach of section 6(a) of Code of Conduct Bureau and Tribunal Act.
    When asked if he investigated the account of the Kwara State Government, and whether he questioned Saraki or any officials of the state government about the charge, Wetkas said “no.”
    At the completion of the defence’s cross-examination, Usoro thanked the tribunal for accommodating the defence, notion that the long cross-examination was not meant to delay the case but was because the case is complex.
    Jacobs was absent at yesterday’s proceedings. The tribunal adjourned further hearing to January 11 next year.