Tag: Saraki

  • Saraki surrenders

    Saraki surrenders

    Courts refuse
    bid to stop trial

    Senate President: I’ll be at tribunal

    Senate President Bukola Saraki’s battle to prevent his appearance before the Code of Conduct Tribunal (CCT) collapsed yesterday.

    His lawyers, Joseph Daudu (SAN) and Adebayo Adelodun (SAN), argued passionately against his appearance at the CCT where he is charged with alleged false declaration of assets, but the tribunal restated its order that the Inspector General of Police and other security agencies should arrest Saraki and produce him before the tribunal at 10am today.

    The Court of Appeal, Abuja before which Adelodun argued an ex-parte application for an order setting aside the warrant of arrest issued on Friday against Saraki refused the application. It ordered Saraki to put the respondents on notice and fixed September 29 for the hearing of his substantive appeal.

    At the Federal High Court, Abuja where Adelodun equally argued another motion on behalf of Saraki, for an order restraining the CCT and the Ministry of Justice from proceeding with the Senate President’s trial, Justice Ahmed Mohammed refused to grant the order. He adjourned till September 30 for the hearing of Saraki’s pending substantive suit and the objection filed against it by the respondents.

    At the resumption of proceedings yesterday before the tribunal, prosecution lawyer Rotimi Jacobs (SAN) on noticing that Saraki was absent, urged the tribunal to inquire from his lawyer, Joseph Daudu (SAN), why his client was absent despite the undertaking he gave on Friday to produce Saraki in court today.

    Jacobs said he prevailed on his client not to execute the bench warrant on account of the undertaking by Daudu. He said he was taken aback that Daudu failed to fulfill his promise.

    When asked by the tribunal Chairman Justice Danladi Umar why his client was absent despite his (Daudu’s) promise to produce him, Daudu said he was not sure the tribunal actually expected him to produce his client.

    He said his client would not appear before the tribunal because he was challenging the tribunal’s jurisdiction to hear the charge and that the tribunal was not properly constituted in view of the absence of one of the three judges.

    Daudu argued that since the Code of Conduct Bureau/Tribunal Act (CCB/TA) provided that the tribunal must comprise three judges, including a Chairman, it was illegal for it to sit with just a member and a Chairman.

    “Whatever is being done here is illegal. I will not want my client to be part of this illegality. You are sitting illegally. Let us put a stop to this,” Daudu said.

    Daudu also urged the tribunal to stay proceedings and await the outcome of an appeal his client filed against the tribunal’s ruling of Friday in which it ordered Saraki’s arrest for not attending proceedings.

    He also argued that the Administartion of Criminal Justice Act (ACJA) 2015, which makes it compulsory for every accused person to first submit himself or herself before a court and take plea before raising an objection to a charge, was not applicable to the tribunal.

    Jacobs faulted Daudu’s argument, insisting that the tribunal was properly constituted. He argued that the CCB/TA only provided for the constitution of the tribunal, but that Section 28 of the Interpretation Act,  which has the force of law by virtue of the provision of Section 318 of the Constitution, provides that two members of the tribunal form a quorum.

    Jacobs argued that the tribunal could not stop its business just because Saraki filed an appeal. “The Supreme Court has held that where you feel the proceedings are wrong, you do not sit in your house to challenge the propriety or not. You should come before the court,” Jacobs said.

    Ruling, Justice Umar said the tribunal disagreed with Daudu’s submissions.

    “A cursory look at the 3rd Schedule of the Code of Conduct Tribunal Procedure Sub-Section C17 provides that the Criminal procedure Code (CPC) and the Criminal procedure Act (CPA), are the laws applicable to the tribunal.

    “It therefore follows that by the introduction of the Administration of Criminal Justice Act (ACJA), 2015, the tribunal is duty-bound to apply the new ACJA as a law, because it says that the CPC and CPA are no longer valid by the introduction of the ACJA.

    “The defence counsel has prayed this tribunal to dispense with the appearance of the accused person and the application of the ACJA on the premise that it is not applicable to the tribunal.

    “We have decided to take the position that in the interest of the administration of justice, that the accused person is to be made or compelled to appear before this tribunal consequently. That is the generally acceptable norm – that matters involving criminal element, the accused person must attend court.

    “In view of the provision of Section 305(1) of the ACJA  and Section 306 of the same Act,  the application to stay proceedings in this matter due mainly to the filing of an  appeal at the Registry of the Court of Appeal is hereby refused.

    “Appropriately, the Inspector General of Police (IGP) and other security agencies, as this tribunal ordered earlier, are still, by the order, to arrest and produce the accused person tomorrow, the 22nd of September 2015 at 10 am prompt, to answer to the charges against him. That is the order of this tribunal,” the judge said.

    The tribunal consequently adjourned till 10am today.

    After listening to Adelodun move the ex-parte application, the Court of Appeal declined Saraki’s prayer for an order staying the execution of the bench warrant issued against him by the CCT. The appellate court, in a ruling read by Justice Moore Adumein, held that it was not in its character to entertain ex-parte applications, and to interfere with proceedings in the lower court. It ordered that the respondents be put on notice and for parties to return on September 29 for hearing of the motion on notice.

    The Court of Appeal wondered why Saraki was reluctant to appear before the CCT, noting that “to appear before the Code of Conduct Tribunal is not a death sentence.” The appellate court said by its rule, it does not grant interim injunction, but that every motion before it must be on notice.

    At the Federal High Court, Justice Ahmed Mohammed entertained arguments from lawyers to Saraki, the CCT, the Code of Conduct Bureau and the Federal Ministry of Justice on the motion by Saraki seeking an interim injunction against the CCT, CCB and the Ministry of Justice, restraining them from proceeding with his (Saraki’s) trial before the CCT.

    Justice Mohamed noted that since the respondents had responded to all the processes filed, filed a preliminary objection, and the parties joined issues, he would prefer not to waste time, considering interlocutory applications.

    The judge said in view of the constitutional and radical issues raised by the respondents in their objection, it was better to hear the substantive suit with the objection, he adjourned till September 30.

  • Saraki:  Time to step down

    Saraki: Time to step down

    When you find yourself in a hole, stop digging.

    This is the time-tested piece of advice I would have passed on to the beleaguered Senate President Bukola Saraki if he was not too far gone in his self- absorption, his overweening sense of entitlement, his predilection for cutting corners, and his Raskolnikov Complex, the delusion named for the central character in Dostoyevsky great novel, Crime and Punishment, that the rules do not apply to him.

    Summoned to appear before the Code of Conduct Tribunal(CCT) in the investigation of some baffling inconsistencies in his declaration of assets, he spurns the order, dismisses the charges as false and frivolous, awards himself an acquittal, and seeks a court to block the Tribunal’sproceedings.

    In response to this contumacy, the CCT issued a Bench warrant for his arrest.  Saraki petitioned another court in a bid to void the warrant.  Based on that petition, he again failed to show up before the CCT.

    The CCT, Saraki charged, was being used to fight political opponents “to achieve through the back door what some people cannot get through democratic process.”

    It is almost as if it was through the front door, and in a process emblematic of the best democratic practice, that he had emerged Senate president.  I use the word “emerged” deliberately.  By his own account, he had been in hiding until it was safe to join his fellow plotters on the floor of the National Assembly where he was canonised in a proceeding that seemed like the parliamentary equivalent of a street mugging.

    His spokesperson warns that “we should not destroy our political institutions and heat up the polity for selfish reasons” in a desperate bid to settle political scores and nail imaginary enemies, adding gravely:  “Let us all learn from history.”

    Again, it is almost as if the process through which Saraki became Senate president was the quintessence of altruism and selflessness, and that it had, withal, brought down the nation’s political temperature from dangerously high to super normal.

    The Tribunal’s summons, his spokesperson further said, amounted to an abuse of the rule of law which portends danger to the judicial system.  Saraki affects the language of democracy but readily employs the tactics of a backroom fixer.  He is ever so ready to remind everyone that he ranks third in the nation’s constitutional order. Yet his conduct is sometimes almost indistinguishable from that of a political tout.

    Where is the noblesse oblige that should always inform the conduct of the holder of his exalted office?

    Within hours of the CCT’s order enjoining Saraki to appear before it, a shadowy organisation calling itself Nigerians of Conscience Against Impunity rushed a full-page advertisement to the major newspapers, demanding that officials of the Code of Conduct Bureau resign immediately and face prosecution for “gross violations” of their office.

    It was all so reminiscent of the shabby tactics Saraki’s surrogates in the Senate employed when his wife was invited for questioning by the EFCC in connection with some mysterious lodgments in her banking transactions.   In what was clearly an act of petulant vindictiveness, they announced that the National Assembly was set to launch an investigation into reports that EFCC officials had corruptly enriched themselves with funds recovered from fraudsters.

    In the wake of all this drama,  another –or perhaps the same set — set of Saraki’s surrogates recruited a huge delegation to travel from Ilorin to Abuja for the express purpose of conferring on him a traditional title of dubious worth.  The real purpose of the visitation, I suspect, was to create for the embattled Senate president the illusion of mass popularity and acceptability.

    One of his proxies even has it that Saraki is being pursued because of his zero tolerance for corruption, in keeping with the notorious fact that if you fight corruption, corruption will fight you back.

    No comment.

    Thus has Saraki continued to dig and dig with increasing fury since finding himself in a hole last June, in the hope that he can spend or bluff or bully or lawyer his way out of it.  He deepened that hole yesterday when he failed to appear before the CCT which had issued a Bench warrant for his arrest.

    One of his former comrades in the old PDP and one-time Minister of Works, Adeseye Ogunlewe, has warned that a situation in which the Senate president keeps making trips to             the courts would not only “put Nigeria in bad light” but slow down activities in the National Assembly, which would in turn affect the nation.

    Ogunlewe said if  Saraki appeared before the Tribunal and was found guilty, Saraki would appeal the verdict  to the High Court (sic).  If his guilt was affirmed there, Saraki would take his case to the Court of Appeal.  And if found guilty there, Saraki would head to the Supreme Court.

    Prosecuting Saraki was therefore not a good move, according to Ogunlewe.”Imagine the amount of time that would be wasted and the effect it will have on the legislative work within that period.

    If this intervention was designed to help Saraki keep the post of Senate president, it achieved the precise opposite.  It makes a powerful case for Saraki’s immediate and unconditional resignation, regardless of his guilt or innocence.

    A Senate president traipsing from one court to another would be a pathetic sight indeed, even if it is to answer traffic charges.  But we are dealing with investigations into allegations of serious fraud.  That the president of the Senate could figure in these allegations, however tangentially, should be cause for his resignation

    Noblesse oblige enjoins such an official to resign at the merest intimation of sleaze, real or merely perceived, in his conduct.

    In Saraki’s case, these intimations can no longer be ignored.  There is the matter of the forged House Rules with which he procured the post of Senate president.  There are the ongoing investigations into his wife’s finances.  There is the charge that he made false entries in declaring his assets.  And there is festering matter of how hundreds of depositors lost small fortunes in the family-owned bank that he ran aground, with nary a dent on his personal fortune.

    Each of these issues should move a public official in a country that sets a high store by probity to step down. Together, they make a compelling case for Saraki’s resignation.

    Saraki cannot be the public face of the Senate of the Federal Republic of Nigeria.  He does not have the gravitas to steer through the legislature the agenda on which President Muhammadu Buhari ran and won. He lacks the moral standing to preside over the hearings at which Buhari’s nominees for important positions are confirmed or rejected.

    Saraki, being Saraki, will most likely hang in there and hang tough.

    That might serve him well if he can pull it off.  But it cannot serve the larger national interest that he now claims to be espousing.  Everyday that Saraki continues to wield the gavel diminishes the office of the Senate president and the stature of the Senate.

    If he will not step down voluntarily, the Senate should, even if only from a sound instinct for self –preservation, ask him to go or face impeachment.

    This national nightmare cannot continue for much longer.

  • I will be at the Tribunal tomorrow – Saraki

    I will be at the Tribunal tomorrow – Saraki

    The Senate President, Dr. Abubakar Bukola Saraki has promised to appear before the Code of Conduct Tribunal on Tuesday.

    In a statement by his Special Adviser on Media and Publicity, Yusuph Olaniyonu, Saraki said while he is ready to submit himself to due process of the law on any issue concerning him, he also believes that he has an inalienable right to resort to the same judiciary for protection when he feels his fundamental rights are about to be infringed upon.

    [ad id=”403656″]” The Senate President is a law abiding citizen and his absence from tribunal was based on legal advice he received from his counsel that it is not necessary for him to appear before the tribunal at this stage since the jurisdiction of the tribunal and the process of initiating the matter are being challenged before the Federal High Court Abuja.

    ” Following the adjournment for the determination of the motion on notice and the substantive suit before the Federal High Court to 30th of September and the appeal pending before the Court of Appeal adjourned to the 29th of September 2015, the Senate President has decided, as a law abiding citizen, to appear before the Tribunal in the interim.

    ” Dr. Saraki has taken the decision to attend the Tribunal sitting to demonstrate his respect for the rule of law in spite of his personal reservation on the process of his trial and the purpose it may be intended to serve.

    ” Dr. Saraki wishes to assure Nigerians of his absolute belief in the judicial process and is therefore confident that the course of justice would be served at the end of this matter,” Olaniyonu stated.

  • Court of Appeal, Federal High Court refuse Saraki’s prayers to stop Tribunal

    The Court of Appeal has dismissed the ex-parte application by Senate President, Bukola Saraki, seeking to set aside the order made on Friday by the Code of Conduct Tribunal (CCT) issuing bench warrant for Saraki’s arrest.
    It said it cannot interfere with the proceedings pending at the lower court.
    It will be in the interest of notice for the respondents to be put on notice.
    Consequently the ex-parte application refused and the motion on notice set down for hearing on September 29
    Justice Armed Mohammed of the Federal High Court, in another ruling just delivered, refused a similar application by Saraki.
    He adjourned to September 30 for the hearing of the substantive suit by Saraki, challenging the competence of charge before the CCT and the preliminary objection filed by the CCT, Code of Conduct Tribunal and Federal Ministry of Justice.
    Justice Mohammed held that, in view of the constitutional and radical nature of the issues raised in the respondents’ objection, it was reasonable for the court not to waste time on interlocutory applications.

  • Arrest warrant: Court to rule on Saraki’s motion

    Parties are awaiting the Federal High Court, Abuja, ruling on the motion for interim restraining filed by Senate President, Bukola Saraki, to challenge the arrest order clamped on him by the Code of Conduct Tribunal.

    The CCT had on Friday ordered the Inspector-General of Police and other security agents to arrest and produce Saraki at its Monday’s sitting after the Senate President shunned its Friday’s sitting.

    Justice Ahmed Mohammed is expected to rule on Saraki’s motion restraining the police and other security agents from arresting him.

    The court had, last Thursday, refused the motion, but ordered him to put the respondents on notice and for them to come before the court on Tuesday to explain why the order should not be granted.

    Earlier on Monday, parties argued the application, and the court will give its verdict soon

  • Tribunal adjourns, to rule on Saraki ‘s absence

    Tribunal adjourns, to rule on Saraki ‘s absence

    The Code of Conduct tribunal has adjourned for an hour  and will return later to rule on the absence of the Senate President, Bukola Saraki, at its Monday’s sitting in Abuja.

    Saraki was absent when the panel commenced its sitting on Monday.

    He is facing a 13-count charge, bordering on alleged false declaration of assets.

    The tribunal’s chairman, Justice Danladi Umar, said the panel will rule on whether it can proceed without Saraki’s presence, to rule on the application challenging its jurisdiction.

    Justice Umar and Saraki’s lead counsel, Joseph Daudu (SAN), had argued on whether it was appropriate for the Senate President to shun the panel’s sitting, considering his status as the nation’s number three citizen.

  • Heavy security as Saraki’s supporters storm CCT

    Saraki’s supporters at tribunal

    There is heavy security deployment at the Code of Conduct Tribunal on Monday morning.

    Entrances to the CCT premises are cordoned off, with few individuals, including staff, journalists and politicians allowed entry after thorough scrutiny.

    Men of the regular police, riot police and others in the Force bomb disposal unit are providing security at the tribunal.

    There is improved security presence at the tribunal on Monday compared to what was observed last Friday.

    Several supporters of the Senate President, Bukola Saraki , are presently at the tribunal, awaiting his arrival

  • Saraki’s associate urges court to stop arrest

    Saraki’s associate urges court to stop arrest

    The Federal High Court in Lagos has ordered the Economic and Financial Crimes Commission (EFCC) to show cause why it should not be restrained from arresting Managing Director of Carlisle Properties, Mr. Kennedy Izuagbe.

    Justice Mohammed Yunusa directed that the status quo be maintained until the commission appeared in court on October 12.

    EFCC, last Thursday, declared Izuagbe, who manages Senate President Bukola Saraki’s property company, wanted.

    Izuagbe is wanted for alleged N3.6 billion money laundering.

    He was alleged to have conspired with others to launder the money as the managing director of the defunct Societe Generale Bank.

    EFCC’s Head of Media and Publicity Wilson Uwujaren said the 45-year-old banker was declared wanted because he could not be reached by the anti-graft agency.

    But in an ex parte application, the applicant’s lawyer Efot Okoi prayed the court to stop the EFCC as well as its  Director of Operation, Olaolu Adegbite, from further unlawful harassment and intimidation of Izuagbe and the firm’s directors.

    The lawyer said Izuagbe’s intimidation was unconstitutional, null and void and a gross violation of his fundamental rights as guaranteed by sections 34, 35 and 37 of the 1999 Constitution.

    Okoi argued that until the hearing/determination of the motion on notice, the EFCC and its agents should be restrained from intimidating Izuagbe and Carlisle Properties.

    He also asked the court to stop the commission from carrying out any unlawful arrest and detention of the applicants, their agents and associates.

    The lawyer prayed for an order setting aside an invitation from EFCC to Izuagbe and Carlisle Properties pending the hearing and determination of the substantive suit.

    According to him, Izuagbe was only head of Internal Control at the SGBN and was never directly involved in loan approval.

    Justice Yunusa, in his ruling on the ex-parte application, ordered that the status quo be maintained.

    He said EFCC should be put on notice.

  • Presidency: Leave Buhari out of Saraki’s trial

    Presidency: Leave Buhari out of Saraki’s trial

    The Presidency on Sunday declared that attempts to link the ongoing trial of the Senate President, Senator Bukola Saraki to the Presidency are unacceptable.

    It also said that those claiming that the Code of Conduct Bureau (CCB) and the Code of Conduct Tribunal (CCT) were acting on external instigation were uninformed.

    A statement by Garba Shehu, the Senior Special Assistant to the President said that there is no place in law that the Bureau and the tribunal should take instructions from any quarters.

    As an independent institution equal to any superior court of record, he pointed out that the tribunal is set up by the constitution to determine the issue of default,false declaration or forgery in assets declaration.

    The statement reads: “This therefore is purely a judicial process and has nothing to do with the presidency.

    “If anyone has an axe to grind with what they are doing, they should do it in a judicial manner by challenging those actions in a proper court of law.
    “Let them hire a good team of lawyers to prove their innocence. Government has no desire to persecute anybody,” he added.

    He said that the President has vowed to respect the rule of law and is doing that by staying out of the matter.

    According to Shehu, the President has said times without number that the war against corruption has no sacred cows.

    “Even if the President wants to help, there is no way he can do anything. Is he going to ask the judge to stop the trial?

    “It is purely a judicial process, the type of which are routinely dealt with by the CCB and the CCT. There are many cases like this that are going on.

    “The President has sworn to an oath to protect the constitution and will not violate that oath,” he stated.

  • Timeline: Saraki vs CCB

    The Code of Conduct Bureau recently filed a 13- count false declaration of assets charge against Senate President, Dr Olusola Saraki. Here is a timeline of the trial which has been adjourned till October 21st and deface by Saraki who did not honour the invitation of the tribunal until September 22nd.

    On mobile, swipe to navigate; on PC, click on the arrows.