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Tag: Saraki

  • We lost a pre-eminent mother, says Saraki

    We lost a pre-eminent mother, says Saraki

    Senate President Bukola Saraki has praised the extraordinary attributes of the late Chief H.I.D Awolowo.

    Saraki, in a statement, yesterday said: “Mama Awolowo truly distinguished herself among her contemporaries and not only because she lived longer but because she served God and humanity to the end.

    “Even as a nonagenarian, she kept on hosting different fora and contributing to ideas on the unity of the Yoruba people in particular and Nigeria in general.

    “She was an epitome of a good wife and mother and I have no doubt that as she reunites with her darling husband, Pa Obafemi Awolowo, she would have good account to give of how far she had held forte in the absence of the late sage.

    “We commiserate with the Awolowo family on the death of their matriarch, the government and people of Ogun State and Nigeria in general.

    “They should all take solace in the fact that Mama lived a good life.”

     

  • Police set to arrest Saraki

    Police set to arrest Saraki

    …await tribunal’s order

    •Judge rejects lawyer’s assurance to produce Senate President later
    •Adjourns to Monday for his arraignment

    The police yesterday declared that they were awaiting orders to effect the arrest of the Senate President, Senator Bukola Saraki.

    The Senate President was billed to be arraigned before the Code of Conduct Tribunal (CCT) sitting in Abuja yesterday, but he failed to turn up, relying on an injunction he purportedly secured from a federal high court.

    The development angered the Justice Danladi Umar-led tribunal, which promptly ordered that the police or other relevant security agencies should produce the Senate President before it on Monday.

    The Senate President is being accused for false and improper declaration of the assets he allegedly acquired during his tenure as governor of Kwara State between 2003 and 2011.

    Reacting to The Nation’s enquiry yesterday, Force Public Relations Officer, Mrs. Olabisi Kolawole, said the police would arrest Saraki as soon as they got the necessary directive from the tribunal.

    “We are going to promptly arrest the Senate President, Dr. Bukola Saraki, and produce him before the Code of Conduct Tribunal on Monday.

    “Since it is a bench warrant issued by a competent court, the order will be carried out without delay. But we don’t want to pre-empt anything,” Kolawole said.

    The tribunal gave the orders while ruling on arguments by prosecution lawyer, Muslim Hassan (of the Federal Ministry of Justice) and defence lawyer, Mahmud Magaji (SAN).

    The tribunal refused an assurance by one of Saraki’s lawyers, Joseph Daudu (SAN) that he will produce Saraki before the tribunal on the next adjourned date, insisting that it was inappropriate for the tribunal to reverse itself, having ordered Saraki’s arrest.

    Hassan had, at the commencement of proceedings yesterday, noted that Saraki was absent in court despite being served with summons in relation to the 13-count charge filed against him for allegedly violating the Code of Conduct Bureau and Tribunal (CCB/T) Act.

    Hassan consequently urged the tribunal to direct the issuance of a bench warrant to allow the production of Saraki before the tribunal. In the alternative, he urged the tribunal to stand the case down for some time to allow Saraki’s lawyer prevail on him to appear.

    Magaji countered Hassan’s position and urged the court to discountenance his (Hassan’s) application on the ground that he lacked the locus standi to file the charge and that the tribunal has no jurisdiction to hear the case.

    Citing Section 24(2) of the CCB/T Act, Magaji argued that it was only the Attorney General of the Federation (AGF) or any official of his office he authorised that could legitimately initiate such criminal proceedings.

    He contended that since there was no AGF yet, no official of the office of the AGF could legitimately initiate proceedings against anyone.

    Magaji also argued that his client’s presence was unnecessary at this stage because he was currently challenging the competence of the charge and the tribunal’s jurisdiction to hear the case.

    He equally drew the tribunal’s attention to the case his client filed before the Federal High Court, Abuja and the order it made asking the respondents, including the CCT, to show why they should not be restrained from proceeding with the case.

    Responding, Hassan argued that the powers granted the IGP under Section 174 of the Constitution was not absolute. He cited several decided cases by the Supreme Court to support his position that without a substantive AGF, officials of the office and the Solicitor General of the Federation (SGF) could legitimately initiate proceedings against any accused person.

    He also cited the provisions of Sections 2 and 4 of the Law Officers Act, Cap L8 Laws of the Federation to support his argument that in the absence of the AGF, the SGF could act on his behalf.

    On the implication of the order made by the Federal High Court, Hassan argued that since the tribunal was not an inferior one but a tribunal of record created by the Constitution with coordinate jurisdiction with the High Court, it cannot be given directive by any High Court.

    “The Federal High Court has no supervisory justification over this tribunal. Appeal from this tribunal goes to the Court of Appeal. This tribunal and the Federal High Court are courts of coordinate jurisdiction,” Hassan said.

    He argued that even where a court has granted a restraining order, the tribunal is not obligated to stay proceedings.

    He urged the tribunal to compel Saraki’s attendance to answer to the charge pending against him.

    Daudu, who later took over from Magaji, appealed to the tribunal to be cautious about the way it handles the case in view of its political implication.

    Ruling later, the tribunal upheld Hassan’s arguments, holding that the absence of a substantive AGF did not render the charge incompetent.

    The tribunal also held that the Federal High Court, which has coordinate jurisdiction with it, cannot direct the way its proceedings are conducted.

    The tribunal noted that Saraki, being a high ranking public officer, ought to conduct himself in civilised manner by respecting the court.

    Justice Umar said: “With regard to the issue of the non-appearance of the respondent, it should be noted that the charge in this proceedings was filed on the 14th of September 2015 and was served and received by the Special Adviser on Legal matters to the Senate President, who signed the processes on the 16th of September 2015.

    “It is also noted that the respondent, in response to the summons of this tribunal, filed a memorandum of conditional appearance dated and filed on the 17th of September 2015. With its response, the respondent/defendant cannot deny knowledge of these proceedings.

    “On the issue of the court order concerning the sitting of this tribunal, it is our opinion that this tribunal is established as a constitutional body under Section 1(1) of the First Schedule, Part 1 of the Constitution.

    “The tribunal is vested with specific powers with regard to the enforcement of probity and accountability in public service.”

    He noted that the tribunal ranks equal with the Federal High Court and that appeal lies from it to the Court of Appeal.

    “Courts of equal jurisdiction are not bound by the decisions of each other. Therefore, a superior court of record cannot issue an order prohibiting or restraining the proceedings of another court of record.

    The court cannot grant injunction restraining proceedings of a court of equal jurisdiction

    “This tribunal has called on the defendant to appear before it and stand trial. The defendant cannot claim ignorance of these proceedings, having been duly notified.

    “The defendant, as a top ranking public officer of this country, is expected to respect the constitutional provisions, which he has sworn to defend, and at the same time, knowing the obvious implication of breaking the law in this country.

    “In view of this, this tribunal shall continue with these proceedings, and accordingly, in view of the non-appearance of the defendant, this tribunal orders that Inspector General of Police or the relevant security agencies to produce the defendant before this tribunal.

    “In view of this order, the tribunal orders that bench warrant be issued against the defendant,” Justice Umar said.

    The tribunal consequently adjourned to Monday (September 21) for Saraki’s arraignment.

  • Northern group to Saraki: resign now

    Northern group to Saraki: resign now

    The Northern Ethnic Nationalities Unity Congress (NENUC) yesterday called for the resignation of the Senate President Dr Abubakar Bukola Saraki.

    The call came just as the Code of Conduct Bureau (CCB) secured a bench warrant for the arrest of the embattled Senate President by the CCB Tribunal over allegations of false declaration of assets dated back to 2003.

    The group said the Senate President should resign before he drags the image and reputation of the office he presently occupies further in the mud.

    Speaking with reporters yesterday, the National President and Convener of the group, Mr Bako Benjamin, said it is disgusting that the Senate President would rather be seeking court’s protection than going before the anti graft agency to clear his name of the charges.

    “Let the Senate President come to equity with clean hands. Let him defend himself against all the charges levelled against him in the spirit of the new wind of change blowing across the country,” Benjamin said.

    He said the anti-corruption war spearheaded by the President Muhammadu Buhari administration would be futile if people like the Senate President continue to seek protection from the law courts rather than presenting themselves for the acid test.

    Benjamin, who noted that the recourse to the court itself is an admission of guilt, said: “Seeking protection from the law courts is sending a strong signal that he (Saraki) has something to hide.”

    The group, he said, has therefore given the Senate President a three-day ultimatum to honourably resign to prevent impeachment proceedings against him for his eventual removal from the exalted office.

    NENUC said Saraki’s continued stay in office is “capable of sending wrong signals to the international community and pose a huge question mark on President Buhari’s commitment to ridding the nation of corruption.

    He said NENUC would not hesitate to mobilise other well-meaning Nigerians to march on the National Assembly in protest should the Senate President refuse to honourably resign from office within reasonable time.

     

  • ‘Saraki not above the law’

    ‘Saraki not above the law’

    In spite of Senator Olusola Saraki’s position, it must be emphasised that nobody is above the law, frontline civil society activist, Dr. Jibrin Jibo Ibrahim, has said.

    Speaking with The Nation, Ibrahim, a Senior Fellow at the Centre for Democracy and Development, a regional research, advocacy and training non-governmental organisation for West Africa, stated that Senator Saraki is subject to the rule of law like millions of other Nigerians.

    “My view is that except for the President and governors, all other Nigerians are subject to the rule of law.

    “When, therefore, the Senate President is summoned by a court in a country that believes in the rule of law, he has to appear because he does not have immunity from prosecution.

    “For me, it is a problem to try to go and secure another court’s order to stop a legitimate court order.

    “Now, he didn’t even get that but he still refused to appear in court. I think it is appropriate that the court orders that he should be brought there because nobody is above the law.”

     

  • Jitters in Saraki’s camp as Dino Melaye, other senators keep mum

    Attempts to get the reaction of Senator Bukola Saraki’s political ally, Senator Dino Melaye, to the warrant of arrest issued by the Code of Conduct Tribunal against the Senate President yesterday met a brick wall.

    Melaye, known widely as one of Saraki’s most vocal supporters, declined comment when our correspondent contacted him yesterday, raising suspicion that the proverbial hand of the clock may have turned a full circle at the upper chamber of the National Assembly.

    Melaye, the spokesman of Senator Saraki’s campaign for the Senate President position, had maintained his vocal posture while Saraki defied the All Progressives Congress’ directive on the filling of Senate positions.

    He is currently facing his own legal challenges in the Kabba/Lokoja Senatorial constituency where Senator Smart Adeyemi is seeking a reversal of Melaye’s victory in the 2015 senatorial elections.

    Melaye, who is currently the Chairman of the Senate Ad-hoc Committee on Media and Publicity. declined to send any response to our reporter’s text message demanding his reaction.

    Before and after the text message, about 15 calls our correspondent made to his phone went unanswered.

    Repeated calls and text messages made to the telephone lines of other senators also went unanswered while two of them sought more time as they cautiously weighed the implications of the development.

    The fate of the four committees inaugurated by the Senate on July 29, this year may hang in the balance if the power equation, including the Saraki leadership of the Senate is altered as a result of the unfolding developments.

    The four committees are the Selection Committee, the Rules and Business Committee, the Ethics and Privileges Committee and the Ad-hoc Committee on Publicity.

    Senate President Bukola Saraki heads the Selection Committee while the Rules and Business Committee is headed by Senator Babajide Omoworare from Osun East Senatorial District and the Senate Ethics and Privileges Committee has Senator Samuel Anyanwu from Imo East Senatorial District as its Chairman.

  • Saraki faults warrant of arrest

    Saraki faults warrant of arrest

    The office of the Senate President, has described the bench warrant of arrest issued on Friday by the Code of Conduct Tribunal against Dr Olusola Saraki as an abuse of the rule of law.
    In a statement by the Special Adviser on Media and Publicity, Yusuph Olaniyonu, the office said it was dismayed that the tribunal chose to ignore the a subsisting order of a Federal High Court by sitting.
    “ It is a surprise to us that despite the application by the lead counsel to the Senate President that he will produce Dr. Saraki on Monday and the personality of the person involved as the Number three man in the country, the Tribunal insisted on issuing a warrant of arrest as if its intention is simply to embarrass Dr. Saraki,” Olaniyonu stated.
    The full text of the response to the warrant of arrest titled “CCT Defiance of Subsisting Court Order : Our Stand” is reproduced below:
    Following the development in the Code of Conduct Tribunal (CCT) today, Friday, September 18, 2015 when the Tribunal chose to ignore the subsisting order of a Federal High Court by sitting, we hereby state our position as follows:

    1. While the Senate President, Dr. Abubakar Bukola Saraki, had stated and maintains that he is ready to submit himself to due process of the law on any issue concerning him, he also believes 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.

    2. It is for this reason that Dr. Saraki, having satisfied himself that the case filed by the CCB and the manner in which the case was filed show that he will not be given justice, resorted to the Federal High Court for the determination of the issues of competence of the prosecutor as well as compliance with the procedure stipulated in the Code of Conduct Bureau and Tribunal Act.

    3. The Federal High Court on Thursday, September 17, 2015, therefore ordered that the all parties in the case should appear before it on Monday, September 21, 2015. The implication of this ruling by a Court of competent jurisdiction is that the sitting today has been overtaken by event. It is for this reason that Dr. Saraki chose to go about with his normal official schedule.

    4. Today at the Tribunal, Counsel to the Senate President, Mr. M. A. Mahmud (SAN), raised a motion stating that there is a pending constitutional matter before the Federal High Court to be decided on Monday and that the Tribunal should hold the trial until the constitutional matter is disposed of.

    5. We are however dismayed that the Tribunal chose to disregard the order of the Federal High Court and the motion to suspend hearing till Monday when all parties are expected to argue their positions on the constitutional matter.

    6. It is also a surprise to us that despite the application by the lead counsel to the Senate President that he will produce Dr. Saraki on Monday and the personality of the person involved as the Number three man in the country, the Tribunal insisted on issuing a warrant of arrest as if its intention is simply to embarrass Dr. Saraki. We are not unmindful of the fact that the Tribunal is acting under political influence and external pressure. This is dangerous to our democracy.

    7. The conduct of the Tribunal today left nobody in doubt that it cannot do justice on the matter before it. It is also clear that today’s decision is an abuse of the rule of law which portends danger to our judicial system. The Tribunal has equally set a bad precedent in the way and manner it conducted itself during the proceedings.

    8. We want to emphasise the fact that this is not part of any war against corruption but using state institutions to fight political opponents and seeking to achieve through the back door what some people cannot get through democratic process.

    9. We need to caution here that in a desperate bid to settle political scores and nail imaginary enemies, we should not destroy our democratic institutions and heat the polity for selfish reasons. Let us all learn from history.

    10. The Senate President is a law abiding citizen who will not do anything to undermine the judicial process and authority. However, Dr. Saraki will always act to protect his fundamental human rights.

  • Police awaits bench warrant to arrest Saraki

    Police awaits bench warrant to arrest Saraki

    The police on Friday said the Inspector General of Police, Mr. Solomon Arase would promptly effect the arrest of the Senate President, Dr. Bukola Saraki, if it gets the bench warrant issued by the Code of Conduct Tribunal on Friday.

    The Force Public Relations Officer, Mrs. Olabisi Kolawole, stated this in a telephone interview with our correspondent on Friday.

    “We are going to promptly arrest the Senate President, Dr. Bukola Saraki and produce him before the Code of Conduct Tribunal on Monday but the IGP is yet to get the directive.

    “Since it is a bench warrant issued by a competent court, the order will be carried out without delay. We don’t want to pre-empt anything,” Kolawole stated.

    The Code of Conduct Tribunal had on Friday, issued a bench warrant for Saraki’s arrest, for failing to appear in court in his ongoing trial for alleged false asset declaration.

  • Kwara: Mixed reactions trail Saraki’s invitation by CCT

    Mixed reactions have trailed Senate President, Bukola Saraki’s invitation by the Code of Conduct Tribunal over alleged false claims in his asset declaration.

    A group known as Maja Elders’ Forum (MEF) has urged President Muhammadu Buhari to save Saraki from the hands of some anti graft agencies in the country.

    But the state chapter of the Peoples Democratic Party (PDP) asked the embattled Senate President to face the charges leveled against him.

    A statement issued on Friday by MEF Coordinator, Alhaji Kayode Yusuf, said the alleged witch hunting of Saraki since his emergence as the Senate President few months ago should be halted in the interest of peace in the polity.

    Already, the group had appealed to the Northern Union (NU) and Middle Belt Forum (MBF), the two bodies, Saraki’s father, the late Olusola Saraki, had brought into prominence in the nation’s socio -political landscape, to intervene in the “persecution of the Saraki’s family.”

    The statement titled – “Save Bukola Saraki’s Life: A Passionate Appeal to President Buhari,’ the group believed that the recent invitation of Saraki’s wife Oluwatoyin by the Economic and Financial Crimes Commission (EFCC) and his attempted prosecution by the Code of Conduct  Tribunal (CCT) may not be unconnected with the rising political profile of the former Kwara State governor.

    The statement reads: “We want to use this forum to appreciate God for the life of our political leader here in Kwara, Dr. Bukola Saraki. Besides, we are grateful for the emergence of our visionary President Muhammadu Buhari who we massively voted for here in Kwara on the instruction of our leader.

    “But we are taken aback by the recent developments in the nation’s political circle where Saraki seems to be the only politician that should be investigated by anti graft agencies in Nigeria. We are not opposed to the anti corruption crusade of President Buhari but what we don’t understand is that why should the search light be beamed only on our leader to the exclusion of others?

    But the chairman of PDP in Kwara, Akogun Iyiola Oyedipo, said, “Senator Saraki should go and face the charges leveled against him. I don’t see anything he is doing to exonerate himself on the pages on newspapers.

    “I think that his claim that one of the charges happened in 2003 is uncalled for. It is one of the reasons why I urged Kwarans not to solidarise with him rather they should allow him to face the charges levelled him at the Code of Conduct Tribunal.”

  • Asset declaration: Tribunal orders Saraki’s arrest

    Asset declaration: Tribunal orders Saraki’s arrest

    The Code of Conduct Tribunal in Abuja on Friday issued a bench warrant for arrest of the Senate President, Bukola Saraki, for refusing to attend the tribunal’s proceedings.

    The tribunal, led by Justice Danladi Umar, ordered the Inspector General of Police (IGP) or other relevant security agencies to arrest Saraki and produce him in court on Monday.

    The tribunal gave the orders while ruling on arguments by prosecution lawyer, Muslim Hassan (of the Federal Ministry of Justice) and defence lawyer, Mahmud Magaji (SAN).

    The tribunal also refused an assurance by one of his lawyers, Joseph Daudu (SAN), that he will produce Saraki before the tribunal on the next adjourned date, insisting that it was inappropriate for the tribunal to reverse itself having ordered Saraki’s arrest.

    Hassan had noted at the commencement of proceedings that Saraki was absent in court despite being served with summons in relation to a 13-count charge filed against him for allegedly violating the Code of Conduct Bureau and Tribunal (CCB/T) Act on assets’ declaration.

    Hassan consequently urged the tribunal to issue a bench warrant for arraignment of Saraki before the tribunal. In the alternative, he urged the tribunal to stand the case down for some time to allow Saraki’s law prevail on him to appear.

    Magaji countered Hassan’s position and urged the court to discountenance his (Hassan’s) application on the ground that he lacks the locus standi to file the charge and that the tribunal has no jurisdiction to hear the case.

    Citing Section 24(2) of the CCB/T Act, Magaji argued that it was only the Attorney General of the Federation (AGF) or any official of his office he authorized that could legitimately initiate such criminal proceedings.

    He contended that since the AGF is not in place, no official of the office of the AGF could legitimately initiate proceedings against anyone.

    Magaji also argued that his client’s presence was unnecessary at this stage because he was currently challenging the competence of the charge and the tribunal’s jurisdiction to hear the case.

    He equally drew the tribunal’s attention to the case his client filed before the Federal High Court, Abuja, and the order it made asking the respondents, including the CCT to explain why they should not be restrained from proceeding with the case.

     

  • Saraki: Parties await tribunal’s ruling on arrest warrant

    Proceedings will resume soon for ruling on whether or not to issue bench warrant against the Senate President, Bukola Saraki, for his refusal to attend court despite being served with summons.

    While prosecution lawyer, Muslim Hassan, argued that Saraki should be arrested and produced in court, Joseph Daudu (SAN), who later took over from Mahmud Magaji (SAN) for Saraki, appealed for caution.

    Daudu said the case has political implication and urged the tribunal to wait till Monday for the outcome of an application filed by Saraki at the Federal High Court, Abuja.

    He said since the court has ordered respondents in the case, including the tribunal, to explain why it should not grant Saraki’s prayers for restraining order, there was need for the tribunal to act cautiously.