Tag: Saraki

Senate President Bukola Saraki failed yesterday to stop his arraignment today before the Code of Conduct Tribunal (CCT) in Abuja

A Federal High Court in Abuja refused his prayer for an ex-parte order restraining the CCT, the Code of Conduct Bureau (CCB) and the Office of the Attorney General of the Federation (AGF) from proceeding with his planned arraignment on a 13-count charge brought against him by the Office of the AGF.

Justice Ahmed Mohammed, who heard Saraki’s lawyer, Mahmud Magaji (SAN), in relation to the ex-parte motion in chambers, directed that the respondents be put on notice.

The judge directed the respondents to appear before the court on Monday to show cause why Saraki’s prayers, as contained in his ex-parte motion, should not be granted.

The Judge ordered that the respondents be served with all the court processes, including the motion of notice for interim order or injunction, motion ex-parte and a hearing notice.

The office of the AGF had filed the charge dated September 11 against Saraki before the CCT, accusing him of committing, among others,  offences ranging from anticipatory declaration of assets to making false declaration of assets in forms he filed before the Code of Conduct Bureau while he was governor of Kwara State.

Saraki is accused of failing to declare some assets he acquired while in office as governor; acquiring assets beyond his legitimate earnings and operating foreign accounts while being a public officer – governor and senator.

The Senate President is, in the charge endorsed by a Deputy Director at the FMJ, Muslim Hassan, said to have, by the offences, breached Section 2 of the Code of Conduct Bureau and Tribunal Act.

The CCT, on Wednesday, fixed today for Saraki’s arraignment. But, in an effort to prevent the CCT from proceeding with its business, Saraki raced to the Federal High Court, Abuja with the ex-parte application.

[ad id=”403656″]Saraki urged the court to restrain  the Federal Ministry of Justice, CCB, CCT and Mr. Hassan, who signed the charge, from taking any further step to arraign or prefer any charge against him, pending the hearing and determination of the suit he filed along with the ex-parte motion.

He is, in the substantive suit,  praying the court to declare that the ministry has not complied with the provision of the 3rd Schedule of Section 24(1) of the Code of Conduct Bureau and Tribunal Act to act before proffering a charge against him.

He contends  that based on the provision of Section 24 of the CCB and Tribunal Act, it is the AGF or any officer directed by him (AGF) that must initiate charges against him (Saraki).

Saraki contends that “in the absence of any substantive AGF in the time being, this court has the jurisdiction to direct parties to maintain status quo, pending the hearing of the motion on notice”.

He argued  that since there is no subsisting AGF, the charge against him by the official of the AGF before the CCT is void as the provisions of Section 24 (1) of the CCB and tribunal.

Senate President Bukola Saraki’s arraignment will go on today before the Code of Conduct Tribunal (CCT), in spite of the absence of a sitting Attorney General of the Federation and Minister of justice, it was learnt yesterday.

But Saraki must be at the court, having been advised that his presence will not be necessary at the first mention of his alleged false declaration of assets matter.

The Federal Ministry of Justice has filled a 13-count charge against Saraki.

The allegations are under Section 2 of the Code of Conduct Bureau and Tribunal Act. The offences are purnishable under paragraph nine of the fifth schedule of the Constitution.

A senior official of the CCT told our correspondent that the trial would go on today “because Saraki has already been summoned by the Bureau”.

He said the Act of the Tribunal empowered it to “cause to summon” any alleged offender.

The official said the CCT was ready to arraign Saraki today.

He said the trial would begin by 10 am at the tribunal’s office in Jabi, Abuja.

[ad id=”403656″]He noted that “the tribunal has taken judicial notice of the issue of the absence of a substantive Attorney- General for the Federation” as it has to do with the case.

He added that the issue of the absence of a substantive Attorney-General “is mute” and “arguable.”

The official said the trial judge reserves the right to make a ruling on whether or not the prosecution could go on and be valid without a substantive Attorney General.

He noted that the issue could go up to the Supreme Court for determination, saying “it is a new case which judges will be interested to hear”.

He said: ”The issue is a very contentious one because this will be the first time a case of this nature will be prosecuted without an Attorney General on seat to give directive for prosecution. But it offers a good opportunity to test the case. It can go as far as the Supreme Court to get the law tested.

 ”The law allows that the Attorney General could delegate responsibility on prosecution. There is always somebody who sits in the absence of the Attorney-General of the Federation.”

There were indications yesterday that Saraki may not be at the CCT.

There were fears that the prosecution might ask the tribunal to remand Saraki in prison custody pending application for bail.

It was gathered that Saraki’s loyalists were suspicious that some forces had been pushing for “Sule Lamido’s treatment” for Saraki.

It was learnt that Saraki has secured legal advice indicating that it was not compulsory for him to appear.

In deference to the tribunal, Saraki may send a representative to the court when the case comes up for mention.

A source said: “The Senate President will not personally attend the first day of his trial for strategic reasons. The legal advice made available to him showed that it is a civil matter (not a criminal case), hence his appearance is not compulsory.

“Like the Senate President said on Wednesday, there are a lot of legal pitfalls in the charges against him. Since the Code of Conduct Tribunal is not an end in itself, he might explore other legal windows to seek redress.

“The Senate President has hired a Senior Advocate of Nigeria, A. B. Mahmoud, to argue his no-case plea.”

A source in the Federal Ministry of Justice said: “The prosecution may prevail on the trial judge to issue a warrant to compel the appearance of the Senate President.”

Saraki himself declared yesterday that he will “not be shaken”. He had on Wednesday described the allegations as “frivolous and untrue.”

Hosting a delegation of Ilorin Emirate Descendants Progressive Union (IEDPU) who paid him a solidarity visit yesterday, he said: “The Eighth Senate at inception on the 9th of June this year, had clearly stated that it was out to bring about positive change to Nigerians through responsive legislations and oversights, which we cannot in anyway be distracted from. We will not be shaken.”

The IEDPU Chairman, Alhaji Abdulhameed Hadi, pledged the support of Ilorin people for Saraki, urging him “to continue with the good work you are doing”.

Hadi also urged President Muhammadu Buhari to extend his hand of fellowship in governance to Saraki as he did with the late General Tunde Idiagbon when both of them ruled Nigeria in the early 1980s as military men.

He pledged the union’s support for  the Senate under Saraki’s leadership.

Hadi said: “Now that you are here in the National Assembly,   our expectations and the expectations of Nigerians are high. We assure you of our support.

“We also support President Muhammadu Buhari’s change mission, particularly in the fight against corruption and impunity.’’

He urged politicians to be committed to the country’s welfare rather than personal interest.

It was learnt that some senators met yesterday in Abuja to articulate how to support Saraki.

A source at the meeting told our correspondent that most of the senators saw “the CCT trial as a means to weaken the Senate leadership”.

He said the meeting was basically “to ensure that we give the Senate President all the moral support he needs at this crucial moment.”

He also said that “many of us will be in court tomorrow (today) to witness the trial”.

Some of the senators urged the Federal Government to “focus on governance and not politically motivated trials of perceived enemies”.

The senators, in separate reactions, criticised the trial and described it as “distractive and uncalled for”.

Senator Sabi Aliyu Abdullahi (APC Niger North), said all the allegations raised against Saraki by CCB were politically-motivated.

He said that the allegation will not in anyway derail the Eighth Senate from its focus of bringing about change to Nigerians.

He said: “ I want to believe an allegation remains an allegation; and our laws are very clear. It is an allegation until it is proven.

“ I want to believe it remains an allegation. However, let’s take a closer look at what the allegations are, dating back to 2003 to date. I think, as far as I am concerned, there is something fishing about it. It is very obvious. Of course, we know what has happened since the inauguration of the Eighth Senate.

Also condemning the trial, Senator Hussain Salihu (APC Nasarawa South) said those trying Saraki for one thing or the other that had happened in the past because he is now the Senate President will get tired of the trial.

 He said that senators and, by extension, the Senate, will not abandon Saraki as their duly elected leader.

He said: “The charges against Saraki as far as I am concerned are just distractive, in the sense that we are talking about issue of 13 years ago and people are bringing it now. I think Nigerians should disregard such issues because they are distracting the National Assembly from doing its own constitutional work. And I don’t think that it is going to help us.

“What we are talking about now is how we are going to get power supply; how the ordinary man can send his children to school and the sick to get hospitals that will treat them. So, the allegations are non-issues. I think the people who are doing this are not helping the country; they are not helping the President and they are not helping anybody because as far as the National Assembly is concerned, we are going to move on from all these distractions.”

Senator Mao Ohuabunwa (PDP Abia North),  said that as far as majority of senators were concerned, Saraki has led the Senate creditably well in the last 100 days and will continue to support him.

Following filing of charges against  Senate  President Bukola Saraki, the Chairman of the Code of Conduct Bureau, Mr. Sam Saba, is under pressure.

It was gathered that the CCB boss summoned a meeting of all commissioners to retrieve and relocate some key assets declaration forms to a special safe.

The retrieved assets forms were those of President Muhammadu Buhari, Vice President Yemi Osinbajo, Saraki, House of Representatives Speaker Yakubu Dogara and the governors.

A source said: “Since the charges became public knowledge, there had been pressure on the CCB chairman but the bureau has no choice than to do its statutory work.

“Following the pressure, the CCB boss on Wednesday met with all his commissioners (who represent the six geopolitical zones) to retrieve some key assets declaration forms.

“At the session, one of the commissioners asked why he wanted to retrieve the assets forms from them, Saba said “to keep in a special safe to avoid anyone tampering with them.”

The source in CCB added: “We are hardly noticed as an agency but since Wednesday, the pressure has been much on the CCB chairman, commissioners and top directors.”

As at Thursday, the process of relocating the assets forms to the special safe had started.

Senate President Bukola Saraki is likely to be arraigned on Friday before the Code of Conduct Tribunal (CCT) for alleged false assets declaration, it was learnt yesterday.

The office of the Attorney General of the Federation has filed a 13-count charge against Saraki. The charges were endorsed by Muslim Hassan, a deputy director in the Federal Ministry of Justice.

The allegations are under Section 2 of the Code of Conduct Bureau and Tribunal Act. The offences are punishable under paragraph 9 of the fifth schedule of the Constitution.

A senior official of the ministry yesterday told our correspondent that the arraignment would go ahead, barring any last-minute change.

In the charges, dated September 11, Saraki is accused of committing, among others,  offences ranging from anticipatory declaration of assets to making false declaration of assets in the forms he filed at the Code of Conduct Bureau while he was governor of Kwara State.

[ad id=”403656″]The Senate President sniggered at the charges when he told correspondents in Abuja that “most of them are frivolous and not true”.

He added: “I have always done my declaration. We will continue to do our job.

“There is no doubt that it is mischievous. It is not current. The issues are not true. As far as we are concerned, we are not shaking. We will focus on what we have come to do in the interest of the country?”

He also said the allegation was a reflection of the saying that each time you fight corruption, the system will fight you.

Saraki also said the allegation of inconsistencies in his assets declaration is “malicious”.

Saraki’s position is contained in a 13-point statement issued by his Chief Press Secretary, Mr Sanni Onogu, in Abuja .

“Though the President of the Senate had (sic) yet to be served any court process in that respect, we feel obliged to explain to Nigerians that all the claims contained in the charge sheet are false, incorrect and untrue.

“The claims are based on outright fabrication and mischief and a politically-motivated prosecution aimed at undermining the person and office of the Senate President.

“We do not know on whose authority these charges are filed when the Code of Conduct Bureau and Tribunal Act clearly indicate that any prosecution must be authorised by an Attorney-General (AG).

“We know the nation last had an AG in May 2015 and we believe that this is another clear indication that the CCT is acting under influence from outside its domain and therefore ready to bend the rules to achieve this obnoxious objective.

“It is surprising that the CCT is now referring to his (Saraki) assets declaration made in 2003 while in office as Governor of Kwara State to formulate their charges.

“They therefore ignored the recent declaration for which they last week, issued an acknowledgement.’’

The statement noted that the Code of Conduct Bureau, following its processes, ought to have carried out the verification of the assets and ascertain the claims made.

It noted that for the bureau to come up with allegations of inconsistencies 12 years later, was a clear case of witch-hunt.

The statement said Saraki was ready to meet those behind the plot in court.

“We are of the opinion that the present effort is a desperate move initiated due to external influence and interference.

“ It should also be noted that Dr Saraki, as Governor of Kwara State, never operated a foreign account.

“Also, some of the issues contained in the charge sheet are subjects of issues earlier decided on, or on-going in courts.”

Saraki said he had always kept to global standards of transparency and accountability as required and affirmed his belief in the justice system.

•Making anticipatory declaration of House 15A & 15B, McDonald, Ikoyi, Lagos

•Failure to declare property on Plot 2A, Glover Road, Ikoyi, Lagos.

•Failure to declare property on No. 1, Tagus Street, Maitama, Abuja (Plot 2482, Cadastral Zone A06, Abuja)

•Failure to declare property No.3, Tagus Street, Maitama, Abuja (Plot 2481, Cadastral Properties Limited)

•Claiming to own property on No 42 Gerard Road, Ikoyi and earning N110,000,000.00 per annum at a time property was under construction

•Failure to declare N375m GTB loan converted to 1.5m Pound Sterling and used to purchase property in London

•Operating a foreign bank account

•Transfer of $3.4m from GTB to foreign bank account during tenure as governor

•Failure to declare leasehold interest in No. 42, Remi Fani-Kayode Street, Ikeja

Senate President Bukola Saraki yesterday described his experience since assumption of office three months ago as both interesting and challenging.

Saraki spoke while answering questions from reporters after his official tour of the National Assembly Complex in Abuja.

Saraki assumed office on June 9 under controversial circumstances.

The tour was the first  by any Senate president since 1992 when the National Assembly moved to its present location.

Saraki noted that the rewarding aspect of the job was the support he received from his colleagues, the management and staff of the National Assembly, Nigerians and the international community.

[ad id=”403656″]Asked about his experience since assumption of office he said: “Well, it is interesting, challenging but I think what is rewarding about it is the support from one’s colleagues,  the management and the enthusiasm that you see going round with some of the staff of the National Assembly. Also, similar support from Nigerians from all walks of life and the international community”

He said the familiarisation tour was meant to allow him and the principal officers of the Senate to have on-the-spot assessment of the environment for good understanding of issues and challenges being faced by staff and management of the National Assembly.

Saraki said: “The Assembly complex represents the image of the National Assembly, So, it is important for us to see what the issues are and have an understanding of the environment. Unless you go round and have a firsthand understanding, sometimes, it is difficult for you to understand what are the issues and challenges for all the staff, their conditions, productivity and all that. By the time I go round, I will have a better understanding and I will know what the issues are and we will be able to tackle them one by one.”

On his impression of the situation in the complex after the tour, Saraki said: “By and large I think for an institution like this and over the many years of its existence as well as the number of staff, I think the maintenance is generally acceptable.”