Tag: Saraki

  • NASS, Saraki weary the Buhari presidency

    SENATE President Bukola Saraki has since last September been facing prosecution at the Code of Conduct Tribunal for alleged false declaration of asset. The case has witnessed many adjournments, not to talk of deliberate stalling through multiple cases filed in different courts to disqualify the tribunal chairman, Justice Danladi Umar. A few days ago, Senator Saraki again filed a fresh motion to disqualify Justice Umar on the grounds of some of the statements the tribunal chairman made in court. The courts, including this column, presume the senate president innocent, but it is now clear that he is determined to frustrate the case through all sorts of legal sleight of hand. If filing applications in different courts and appellate courts proved unable to frustrate the case as he wishes, his defence counsels would embark on the slowest and most frustrating and provocative cross-examinations. Senator Saraki seems by implication to be saying he does not believe he is innocent of the charges brought against him. And he doesn’t care.

    Now, to pile on the agony, the senate president and his deputy, Ike Ekweremadu of the PDP, will tomorrow be arraigned for allegedly forging Senate Standing Order 2015 in order to facilitate their elections as Senate principal officers. The election of principal officers had since last year become controversial, leading to the discovery of what the police and the Attorney General believe is a forgery. The nation’s chief law officer has finally and rightly given his consent for prosecution to be commenced. In response, an angry Senate has threatened to fight the President Muhammadu Buhari government through every legitimate means, especially by scrupulously conducting oversight functions with dispassion. There would be no more cooperation or cordial relationship with the presidency, they warned. For a long-suffering public subjected to an overreaching executive and underachieving legislature, it is of course good news that both arms of government appear to be determined to give the electorate full value for their votes.

    However, beyond the quarrel, something much more dangerous and fundamental seems amiss. This manifests in different ways. One, it is a tragedy that top national lawmakers appear completely oblivious of the weight of responsibility on their shoulders. Dr Saraki is deliberately and mischievously attempting to manipulate the courts and obstructing justice in his own personal case. Does he not know he is setting a bad example — by the way, just like the executive itself — of treating the justice system with contempt? It is true he is fighting to save his political career and stay out of jail, and he is entitled to achieve these with all the legitimate means at his disposal. But he has embraced extraordinarily bad measures, weakened the rule of law, foolishly blamed his political detractors for his woes as if that mitigates the severity of the charges filed against him, and sent signals to the rest of the country that it is okay to serve the public with lack of character and principles.

    Two, Dr Saraki seems prepared indifferently to bring the whole edifice down simply to save his own skin. He does not care that his insufferable attitude to the case undermines the entire system, brings the National Assembly to disrepute, vitiates the moral force lawmakers should possess, and sets a very appalling example for the youths of the country. He is undoubtedly presumed innocent; but he should allow the courts unfettered opportunity to adjudicate the case instead of entangling the judiciary with his unending rigmarole. There will never be a time when he will not have political detractors. Will he plead persecution every time he holds the short end of the stick, especially as a result of his own malfeasance?

    Three, by threatening not to cooperate with the executive and also harassing the Attorney General because Dr Saraki and a few others are to be arraigned for alleged forgery, the Senate has given indication it is not averse to blackmail. It is unbelievable that the Senate could openly endorse blackmail, as if the august body’s destiny is intertwined with the fates of the accused principal officers.

    What the CCT case has shown, and the forgery case is reiterating, is that too many unprincipled people have been elected into the legislature. Worse, it is also obvious that the lawmakers are led by principal officers with warped understanding of their legislative powers. They have neither demonstrated the character expected of lawmakers nor shown that they possess the kind of vision a great country needs. Indeed, from all indications, neither Dr Saraki nor Senator Ekweremadu, nor yet most national lawmakers feel compelled to change tactics and show a high degree of responsibility. They will fight to the bitter end; they will blackmail the presidency; they will harass the AGF; they will ignore the feelings of the electorate; and they will continue to argue that rather than the merit of the case against them, political detractors are behind their ordeals.

    Every Nigerian must be a great apostle of the rule of law. Therefore, both the presidency and the AGF must be encouraged not succumb to the Senate’s blackmail. Instead, they should help the courts to dispense justice as quickly and efficiently as possible.

  • ‘Forgery’: AGF tells Saraki, Ekweremadu to face trial

    ‘Forgery’: AGF tells Saraki, Ekweremadu to face trial

    Minister of Justice and Attorney General of the Federation (AGF) Abubakar Malami (SAN) yesterday advised Senate President Bukola Saraki and three others accused of forging Senate Order 2011 to defend themselves before the court rather than blame the executive.

    He was responding to the claim by the Senate that the charge of forgery against Saraki, his deputy Ike Ekweremadu and two others, amounted to an abuse of the principle of separation of powers.

    Charged with the Senate president and the deputy Senate president are former Clerk of the National Assembly Salisu Maikasuwa and Clerk of the Senate Bernard Efeturi

    The senate president and his deputy have no immunity from trial, he said, adding that forgery of Senate rules cannot be described as an internal affair of the Senate.

    Malami, in a statement last night by his media aide, Salihu Isah, said it was within his constitutional powers to initiate criminal proceedings against anybody where any of the investigating agencies has established a prima facie case against such suspect.

    The AGF, who faulted the arguments by Saraki and others named in the charge before the High Court of the Federal Capital Territory (FCT), urged them to go before the court and explain their roles in the forgery case rather than accusing him of violating the Legislative arm.

    “It is not in doubt that each arm of government is constitutionally-vested with distinct powers. Looking critically at the doctrine of the separation of powers, it is a practice that exists on a tripod viz, the executive, legislature and judiciary with clearly distinctive functions and responsibilities as captured under the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

    “So, by virtue of this, we are committed to the rule of law and will thus keep to the tenets of the rule of law as enshrined in a constitutional democracy like ours.

     “The Office of the Attorney General of the Federation is empowered under Section 174 (1) of the Constitution and vested with the power to undertake and initiate criminal proceedings in any court of law in Nigeria.

    “By virtue of this power as the Chief Law Officer of the nation, he has simply initiated criminal proceedings for forgery against the affected principal officers in the Senate for altering the Senate Standing Rules in the Federal High Court.

    “It is worthy to note here that the action of the Attorney General of the Federation can stand the test of any law since he did not act on a vacuum.

    “He acted based on a recommendation by the Inspector General of Police (IGP) who having fully satisfied investigative procedure arising from the petition, sent to the Nigerian Police by some aggrieved members of the Red Chambers of the National Assembly, alleging that the affected officers altered the rules of the Senate for Dr. Bukola Saraki and Ike Ekweremadu to emerge leaders of the Eighth Senate of the National Assembly.

    “Under the 1999 Constitution, only the Attorney General of the Federation has the powers to institute criminal proceedings.

    “For the benefit of doubt, as stated above, there was a petition bordering on allegations of forgery against the defendants, the petition was investigated by the police and the police recommended the case for prosecution.

    “At this point, the question is how initiation of criminal proceedings against Dr Bukola Saraki, Ike Ekweremadu, Salisu Maikasuwa and Bernard Efeturi violated the principle of separation of powers as contained in the Constitution?

    “The action of the Attorney General of the Federation cannot obviously be said to be a coup against the National Assembly as the Senate has claimed.

    “By preferring the charge, the accused persons are entitled to fair hearing under the law while the prosecution is obligated to prove its case against them beyond reasonable doubts. “Therefore, the Attorney General of the Federation has not violated any known law in the land. Or is the Senate suggesting that its principal officers, members and staff of the National Assembly are above the law or enjoy same immunity as do the nation’s President and Governors?

    “It is common knowledge over the years since the nation embraced democratic system of governance and backed by the current Constitution those elected officers of government who are exempted from legal encumbrances whether it is civil or criminal are known to all.

    “It is pertinent to be reminded too, that forgery of the Senate Standing Rules cannot be described as the internal business of the National Assembly that is exclusively only in its purview.

    “The Attorney General of the Federation cannot therefore be faulted for his decision to initiate legal actions against the accused for alleged forgery after a thorough police investigation of the issue whether there was an amendment of the Senate Standing Rules in 2015 or not.

    “The case of Adesanya vs Senate which has been seriously touted in its press statement does not support them and they should rather take their plea and defend the action accordingly.

    “We assure Nigerians that the Attorney General of the Federation will continue to be committed to the rule of law at all times.

    “On this particular forgery case, we believe he should rather be commended for his foresight and political will to carry out his constitutional role to the letter and not to be vilified under any guise.”

  • Saraki urges court to quash forgery charge

    Saraki urges court to quash forgery charge

    Senate President Bukola Saraki has urged the High Court of the Federal Capital Territory to quash the forgery charge filed against him, his deputy, Ike Ekweremadu and others by the Federal Government.

    He is also praying the court to dispense with his physical appearance so that the business of lawmaking will not suffer and because he is already undergoing another trial at the Code of Conduct Tribunal (CCT).

    Saraki, the third defendant, was charged along with Deputy Senate President Ike Ekweremadu, former Clerk of the Senate Salisu Abubakar Maikasuwa and Deputy Clerk Benedict Efeturi.

    Justice Yusuf Haliru had ordered substituted service of the charge and adjourned until June 27 for arraignment.

    The Senate President, in an application filed by his lawyer Ahmed Raji (SAN), a copy of which was made available to our correspondent, is praying the court to quash the charge.

    Raji said the application, filed yesterday, had been served on the prosecution. “The motion has already been filed this afternoon (yesterday) and served,” he told our correspondent.

    In a motion on notice, Saraki is praying for an order dispensing with his physical appearance and during and pending the determination of this Motion on Notice.

    He sought an order setting aside the purported service of the Charge/Information Sheet which was effected by substituted means on him.

    The Senate President also prayed for an order striking out or quashing the charge for non-disclosure of a prima facie case against him.

    He is also praying for an order suspending or adjourning sine die all the proceedings against him pending hearing and determination of the charge at the Code of Conduct Tribunal (CCT), Abuja, for alleged false asset declaration.

    Raji said the need to dispense with Saraki’s presence pending the determination of the Motion on Notice is desirable and of utmost national importance.

    Stating the grounds of the application, he said: “The notice of trial and information ought to be served on the third defendant. No unsuccessful attempt was made by the complainant to effect personal service of the Information/Charge on the third defendant. Hence, pasting of the processes on the Notice Board of the National Assembly is not good service.

    “No prima facie case has been disclosed against the third defendant in this charge. There is no link between the proof of evidence and the allegations made against the third defendant in the charge.

    “The third defendant is currently standing trial at the Code of Conduct Tribunal over alleged offences under the Code of Conduct Bureau and Tribunal Act in Charge No. CCT/ABJ/01/15 between FRN v. DR. OLUBUKOLA ABUBAKAR SARAKI.

    “Accelerated hearing has been ordered for the prosecution of the said trial, in consequence of which the proceedings therein are being conducted on virtually day to day basis.

    “The third defendant requires adequate time and facilities for the preparation of his defence. The prosecution of this charge concurrently with the other one being tried at the CCT will not only work great hardship against the third defendant, but will also deny him an opportunity to a fair trial.”

    In a supporting affidavit, Dolapo Kehinde, a lawyer in the firm of Ahmed Raji & Co, one of the firms engaged by Saraki to defend him, said Saraki’s trial at the CCT has been “protracted notwithstanding the fact that accelerated hearing was ordered for the prosecution of the trial.”

    Raji also filed a bail application on Saraki’s behalf, to be agued should he be arraigned. He is seeking, among others, that Saraki be granted bail on self-recognisance and because the charge is a bailable offence, pending hearing and determination of the charges preferred against him.

    No date has been fixed for hearing.

  • Forgery: Senate summons AGF

    Forgery: Senate summons AGF

    The Senate on Tuesday summoned the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, over the alleged forgery of the Senate Standing Rules by senators.

    The Senate president, Bukola Saraki, his deputy, Ike Ekweremadu and some other senators will be arraigned on June 27 over their alleged involvement in the forgery of the Senate rules.

    Details later…

     

  • Forgery: Saraki, Ekweremadu to be arraigned June 27

    Forgery: Saraki, Ekweremadu to be arraigned June 27

    A High Court of the Federal Capital Territory in Jabi, Abuja, on Tuesday picked June 27 for the arraignment of the Senate President, Bukola Saraki, his deputy, Ike Ekweremadu, ‎and other senators for allegedly forging the Senate Standing Rules.

    The defendants will be arraigned on a two-count charge of criminal conspiracy and forgery.

    Justice Yusuf Halilu fixed the date after ordering substituted service of the charges on the defendants.

    The order followed the complaint by the prosecution that several attempts to serve the charges to the defendants had failed.

    Prosecuting counsel, Mr. David Kaswe, made the request for substituted service ‎orally on Tuesday.

    He told the judge that the prosecution had deposed to affidavits showing the difficulty of the prosecution to serve the defendants personally.

    Justice Haliru granted the prosecution’s request for substituted service on the defendants on Tuesday and ordered that the charges be pasted on the notice board of the National Assembly.

    He fixed June 27 for arraignment of the defendants.

  • Forgery: Saraki, Ekweremadu  on their own, says APC

    Forgery: Saraki, Ekweremadu on their own, says APC

    Senate President Bukola Saraki and his Deputy Ike Ekweremadu were told yesterday to face their trial  for alleged forgery of the 2005 Senate Rules.

    All Progressives Congress (APC) National Chairman Chief John Odigie-Oyegun said the party had nothing to do with the matter.

    Odigie-Oyegun said the party had no business interfering with judicial matters, pointing out that it will, however, find out the truth of the matter.

    It was learnt yesterday that the planned trial may not start today because the accused could not be served the court papers.

    Some senior officials of the Federal Ministry of Justice in Abuja said that the arraignment had been scheduled for today.

    But it was gathered at Court 32, High Court of the Federal Capital Territory (FCT) in Jabi, Abuja, where the case has been assigned, that the charge had not been served on all the defendants as required by law.

    Court officials said a date will be fixed for arraignment as soon as service is effected on the defendants.

    The office of the Attorney General of the Federation (AGF) filed a two-count charge on June 10 at the High Court of FCT’s Registry in which Saraki and others are charged with alleged  forgery and conspiracy.

    Also named in the charge are the immediate past Clerk of the National Assembly, Alhaji Salisu Maikasuwa and Clerk of the Senate Mr. Ben Efeturi.

    Odigie-Oyegun urged the media to investigate if the Senate Rules were actually tampered with.

    He said: “At this stage l don’t think there is anything to say. In fact, everything is still a guess work? Nobody has said yes or they have been arrested or asked to make statement or whatever.

    “As a party, we do not think it is the party’s business to interfere in judicial matters of that nature. We will just wait and see. We are even making investigations to be sure that is the situation”.

    Reminded that the allegation could affect the relationship among the party, the Presidency and the Senate, Odigie-Oyegun said: “No, no, no. I don’t know, this is the kind of problem that the press always causes. You are now taking the sensational aspect. You are forgetting the nitty gritty?. Did what they say happen really happened? That is what you should look at.

    “Take the two copies (the new copy and the old copy) of the Senate rules and see if there is a difference. If there is a difference, at what former meeting was it approved and adopted? You should start from this so that when you are commenting, it would not be sensational; it will be based on facts and reality.

    “We have to change the way we do things in this country; we have to start telling people what is right and what is wrong and to choose what is right as against what is wrong.

    “This is where l expect you to start. Don’t start making it party verses x-issue. The point would be: was an offence committed? establish that first and then you can move on”.

  • Senate: AGF leads plot to jail Saraki, Ekweremadu

    Senate: AGF leads plot to jail Saraki, Ekweremadu

    Senators urge Buhari to stop Attorney-Gen.

    Apparently shocked that the stage is set for the trial of its key officials for alleged forgery, the Senate has launched a battle to stave off a major crisis.

    It yesterday accused the Executive of attempting to force out its leaders and named Attorney General Abubakar Malami leader of the plot. President Muhammadu Buhari, the Senate said, should tell Malami to pull the brakes on the plot.

    In a statement, Media and Public Affairs Committee Chairman Senator Sabi Abdullahi said the reopening of the case by the police posed a danger to the autonomy of the legislature.

    Senate President Bukola Saraki and his deputy have been charged with alleged forgery of the Senate Rules to pave the way for their 2015 election. They both deny any wrong doing.

    To the Senate, charging the officials is “unconstitutional” because the matter has been dealt with at plenary.

    The statement reads: “After reading in the national newspapers and online platforms of the planned charges of forgery and conspiracy preferred  against the Senate President, Dr. Abubakar Bukola Saraki, his Deputy, Senator Ike Ekweremadu, immediate past Clerk of the National Assembly, Alhaji Salisu Maikasuwa and the Clerk of the Senate, Mr. Ben Efeturi and reviewing the circumstances leading to the filing of these charges, we are compelled to alert the good people of Nigeria and the international community, that our democracy is in danger and that the attempt by the Executive Arm of the Federal Government to muzzle the legislature and criminalise legislative processes in order to cause leadership change in the National Assembly is a return to the era of  impunity and lack of respect for due process which we all fought to abolish.

    “We urge President Muhammadu Buhari  to please call his Attorney General and Minister of Justice, Mr. Abubakar Malami, to order. The Senate of the Federal Republic voted freely to elect its leadership into office and continuing attempts to change that leadership through the wanton abuse of judicial processes cannot stand in the eyes of the world.

    “It is clear that the Attorney General and party leaders behind this action either lack the understanding of the underlining principles of constitutional democracy, the concept of separation of powers, checks and balances and parliamentary convention or they just simply do not care if the present democracy in the country survives or collapses in their blinded determination to get Saraki and Ekweremadu by all means necessary, including abuse of office and sacking the Constitution of the Federal Republic of Nigeria.

    “The Nigerian people have enough economic hardship at this time requiring the full attention and cooperation of the three arms of government, instead of these attempts to distract and politicise governance.

    “We are in a state of economic emergency such that what the National Assembly needs at this time are executive bills and proposals aimed at resolving the crises of unemployment, currency depreciation, inflation, crime and insecurity.

    “What the National Assembly needs now are executive bills to build and strengthen institutions to earn revenues, fight corruption and eliminate waste. Instead, we are getting hostile actions aimed at destabilising the National Assembly, distracting senators from their oversight functions and ensuring good and accountable governance.

    “We must make it clear here to the individuals in the Executive arm and party leadership behind these plots not to mistake the maturity and hand of co-operation being extended to the Presidency by the legislature as a sign of weakness.

    “The National Assembly bent backwards to accommodate various infractions and inefficiencies in pursuit of inter-arms co-operation and national interest. We did not follow up the various infractions because we believe there are bigger issues which the government has to attend to in order to ensure that every Nigerian have food on his table and live comfortably in a secure environment. We know that the country is actually in a state of economic emergency and all hands must be on deck.

    “This latest plot is directed at forcing a change of leadership in the Senate or, in the extreme case, ground the Red Chamber of the National Assembly. Or how do one (sic) interpret a move in which the two presiding officers are being set up to be remanded in Kuje Prison or incapacitated from sitting at plenary through  a day-to-day trial on a matter that is purely an internal affair of the Senate.

    “This obviously is a dangerous case of violation of the independence of the legislature, undue and unnecessary interference in the internal affairs of the Senate and blatant  abuse of the judicial process. The matter now being criminalised was brought to the plenary of the Senate in session, over a year ago.

    “And because it had no support, it was overruled and roundly defeated in chambers. To now take a matter that was resolved on the floor of the Senate to the police and then make it form the subject of a criminal prosecution of freely elected legislators beats all imagination of free thinking men all over the world.

    “The implication is that any matter that fails on the floor of the National Assembly will now be taken to the Police, thereby endangering every Senator and House member.

    “This current move clearly runs contrary to the Doctrine of Separation of Powers and Checks and Balances which are fundamental to the successful operation of the Presidential System of government.

    “It runs counter to the principle outlined by the Supreme Court in the Adesanya Vs Senate case where it was held that nobody should seek to use the courts to achieve what he or she has failed to push through on the floor of the National Assembly.

    “This present effort, therefore, is clearly a coup against the legislature with the ignoble aim to undermine its independence and subject the law making institution to the whims and caprices of the executive. It is a plan to return Nigeria to the dictatorial era which we have, as a nation, voted to reject.

    “It is a dangerous trend with grave implications for the survival of our democracy and the integrity of the component institutions. This rule of men as against the rule of law is also the reason why the war against corruption, one of the cardinal objectives of the present administration, is losing credibility because people perceive it to be selective and, in most cases, aimed at settling political or partisan scores.

    “The Rules of the Senate and how the institution elects its leadership are internal affairs. The Rules of a new Senate are provided by the National Assembly bureaucracy. It has always been so since 1999.

    “After the inauguration of the Senate, if Senators have objections to any part of the Rules, they can follow the procedure for changing it. Senators of the Eighth Senate have no control on the rules applied in the elections of June 9, 2015 because until after their inauguration, they were only Senators-elect, and therefore mere bystanders in the affairs of the Senate.

    “We therefore urge all Nigerians and the International Community to rise up and condemn this blatant attempt to subject the legislature to the control, whims and caprices of the executive.

    “If the Legislative branch falls, democracy fails as there will be no other institution empowered by the Constitution to check and balance the enormous powers of the Executive branch.

    “We also call on the judiciary as the last hope to save our constitutional democracy and  stand up for the rule of law, by doing that which is right in this case”.

  • ‘Forgery’: Fed Govt to serve summons on Saraki, Ekweremadu through Clerk, others

    ‘Forgery’: Fed Govt to serve summons on Saraki, Ekweremadu through Clerk, others

    Court summons are on the way for Senate President Bukola Saraki and his Deputy Ike Ekweremadu through the Acting Clerk to the National Assembly,  Mohammed Sani-Omolori.

    The Federal Government has filed charges in the High Court of the Federal Capital Territory (FCT), following alleged forgery of the Senate Standing Rules 2015.

    Others who will face trial are a former National Assembly Clerk, Abubakar Maikasuwa and Deputy Clerk, Benedict Efeturi, who is due to retire soon.

    The charges were allegedly based on the outcome of police investigation into the alleged forgery.

    But Saraki and Ekweremadu yesterday claimed that they were never invited for questioning by the Police.

    They expressed concern that they were only invited for questioning on June 7, barely three days to the filing of the two charges on June 10.

    There was anxiety in Saraki’s and Ekweremadu’s camps last night on the court action against them.

    They alleged that there were plans to arrest and detain them in prison.

    It was learnt that it had been difficult for the court to serve Saraki and Ekweremadu the notice of hearing of their cads and the charge sheet.

    A source, who spoke in confidence, said: “We have not been able to get access to these leaders of the Senate to serve them both the summons and the charge sheet.

    “But from the look of things, we may invoke relevant sections of the Administration of Criminal Justice Act (2015) which empowers us to notify Saraki and Ekweremadu through the Clerk to the National Assembly or by pasting the summons on the conspicuous part of their premises or offices.

    “We will invoke sections 124 and 125(1) (2) of the ACJ Act. Hopefully byMonday, we should have completed the process of serving the summons on them.”

    Section 124 of ACJ Act (2015) reads: “Where service in the manner provided by Section 123(a) of this cannot, by the exercise of due diligence, be effected, the serving officer may, with leave of the court, affix nor of the duplicates of the summons to some conspicuous part of the premises or place in which the individual to be served ordinarily resides or works and on doing so, the summons shall be deemed to have been duly served.”

    Section 125 (1)(2) says: “When a public officer is to be served with a summons, the court issuing the summons may send it in duplicate to the officer in charge of the department in which the person is employed for the purpose of being served on the person, if it appears to the court that it may be most conveniently so served.

    “ The officer in charge if the department shall, on receiving summons, cause it to be served in the manner provided by Section 123(a) of this Act and shall return the duplicate to the court under his signature, with the endorsement required by Section 115 of this Act, which signature shall be evidence of the service.”

    But Saraki and Ekweremadu yesterday said they were yet to be either interrogated or served the court summons.

    A top aide of Saraki said: “As I speak with you, the President of the Senate has not been questioned by the police or served any court summons. Is it ever heard of that an accused person will be charged to court without any form of interrogation?

    “We are suspecting a predetermined agenda because Saraki was invited for interrogation on June 7 and the charges were filed on June 10. Saraki was not a principal officer in the 7th National Assembly; he has nothing to do with the Senate Standing Rules 2015.

    “It is also curious that the police are just planning to interact with Saraki and Ekweremadu after charges have been filed. Yet, this is a case which the police force has been investigating in the last one year. It is just unfortunate that our legal system is being abused.”

  • Review not designed to dent Constitution’s integrity – Saraki

    President of the Senate, Bukola Saraki, has said the ongoing review of the 1999 Constitution was not intended to dent the solemnity, integrity and infallibility of the Constitution.

    Saraki made this known on Friday at a two-day retreat in Lagos organised by the Senate Ad hoc Committee on Constitution Review, with the theme: “Towards Ensuring Governance Accountability in Nigerian Federalism.’’

    He said the National Assembly was by the process, celebrating and affirming the inviolability of the Constitution and its integrity, adding that the process was in no way a ritual or routine.

    “This National Assembly is seeking to further consolidate and entrench the essence of our Constitution as the only basis for the exercise of all powers under a constitutional democracy forged under the rule of law.

    “Since independence, our nation has sought to develop for itself workable constitution on which her unity can be perfected. Other nations have trodden a similar path.

    “For instance, following the Declaration of Independence and the Revolutionary War in 1776, the original 13 States of the United States of America operated an Article of Confederacy.

    “This is a necessary but unwieldy document that institutionalised a central government. The Article lasted for eight years before it was jettisoned for the current Constitution of the United States,’’ the News Agency of Nigeria (NAN) quoted the Senate president as saying at the forum.

    Saraki said constitution making had always been a challenging issue in any polity.

  • Fed Govt faults Saraki’s  application against CCT Chair

    Fed Govt faults Saraki’s application against CCT Chair

    The Federal Government has faulted the fresh application by Senate President Bukola Saraki, seeking the disqualification of Code of Conduct Tribunal (CCT) Chairman Danladi Umar, from his (Saraki’s) trial on charges of false asset declaration.

    The government, in its counter-affidavit filed yesterday against Saraki’s application by lead prosecution lawyer, Rotimi Jacobs (SAN), said the statement credited to Umar during the June 7, 2016 proceedings and on which basis   Saraki was asking Umar to withdrawal from the trial, was quoted out of context.

    Saraki filed the application through his lawyer, Kanu Agabi (SAN), on June 13, in which he accused Umar of making a remark showing his bias against him (Saraki) during the  proceedings on June 7,  while warning the defence against delay tactics.

    The CCT Chair was reported to have noted that their delay tactics would not “reduce the consequences the defendant will meet in this tribunal at the end of the trial”.

    The Federal Government, in its counter affidavit, argued that should the tribunal chair disqualifies himself based on Saraki’s application, the tribunal would have taken over the jurisdiction of the Court of Appeal in deciding the appeal.

    It noted that Umar, on the said June 7, 2016 stated clearly that his mind is open to do justice to this matter and that he has no prejudice against any of the parties.

    It added: “The statement quoted in the affidavit in support, allegedly made by the chairman of the honourable tribunal was quoted out of context without referring to the statement made by the chairman to the effect that his mid was open to do justice to this matter and that he has no prejudice against any of the parties.

    “Since the charge was filed on September 17, 2015, the defendant has employed all forms of delay tactics to ensure that this matter is not expeditiously heard and to frustrate the prosecution of this case.”

    The Fed Govt further stated that the statement credited to Umar was not supported by the record of proceedings which the defendant also failed to attach to his motion.

    “That the statement credited to the Chairman of the Code of Conduct Tribunal allegedly made on June 7, 2016, during the pendency of this case has no bearing with the record of proceedings of the tribunal and no record of proceedings of this tribunal is attached to the application.”

    The government stated that part of the delay tactics by Saraki to delay the trial was to endlessly cross-examine the first prosecution witness, Mr. Michael Wetkas, who was led in evidence-in-chief from April 5, 2016 to April 18, 2016 by the prosecution. It stated that as of June 7, the defence had already cross examined the witness for 12 days.

    “Three learned senior advocates have been cross-examining the PW1 without no sign of ending on the following days: that is to say, April 18, 19, 20, 21, 27, 28; May 10, 11, 17, 18,  25, 2016 and June 7, 2016.

    “That from Paragraph 17 above, the defendant used three Senior Advocates of Nigeria to cross-examine  PW1 for 12 days without any sign of concluding the cross-examination. Any reasonable man who watched the proceedings from April 5, 2016 to June 7, 2016 would conclude that the defendant was employing delay tactics in order to defeat the end of justice.

    “Any reasonable man, who watched the proceedings of the tribunal from September 17, 2015 till June 7, 2015 would notice that the defendant intends to delay the expeditious hearing of this case and to frustrate the proceedings of this tribunal.”