Tag: Saraki’s trial

  • Na’Allah: Why Senate shut down for Saraki’s trial

    Na’Allah: Why Senate shut down for Saraki’s trial

    The  leadership of the Senate said yesterday that it shut down activities on Thursday in solidarity with its President, Bukola Saraki, because of circumstances surrounding his ongoing assets declaration trial.

    Deputy Leader of the Senate, Ibn Na’Allah, told the News Agency of Nigeria (NAN) in Abuja that the Senate believed that instead of prosecution, Saraki was being persecuted, hence the level of solidarity from the lawmakers.

    The majority of the senators, according to him, believe that the trial of the president of the Senate by the Code of Conduct Tribunal is in no way a prosecution. “You see, it is a matter of belief, and I am going to tell you in very clear language.

    “The belief of the 8th Senate and substantial number of the senators is that the trial of the President of the Senate is persecution rather than prosecution.

    “If it is persecution, we believe that we have a responsibility to stand by him.

    “But if it is prosecution, every senator of the federal republic believes, and rightly so, that this government must be given all the necessary assistance it requires to fight corruption.’’

    He argued that Saraki’s trial for the offences he allegedly committed 13 years ago was more of a political move than a legal or anti-corruption matter.

    Maintaining that the senators felt that Saraki was on political trial, Na’Allah noted that all the senators could not be wrong at the same time.

    He said: “Let me be honest with you; from the little that I know, the Senate sees the trial as more of a political trial than a trial intended specifically for the purpose for which it should be done.

    “It may be wrong, it may be right, but the circumstances of the trial and for the reason that the subject matter of the trial occurred about 12 or 13 years ago, you cannot fault the senators if they come to that conclusion.

    “I am not so sure that you can say that the substantial number of people who believe that this trial is wrong can, at the same time, be said to be wrong.

    “We keep on hoping that those who want to assist this government honestly and sincerely will see the wisdom in portraying this government in the best tradition of democratic society.”

    The Senate leader, however, said that he was sure that President Muhammadu Buhari meant well for Nigeria with the intention of shifting from the culture of impunity to adherence to the rule of law.

    He decried the fact that Nigerians, mostly did not like to hear the truth on issues and would label someone as ‘’bad’’ no matter how many times the person testified to his innocence.

    “It is in the overall interest of everyone who loves this country to assist this government in doing everything in accordance with the dictates of our Constitution,” he said.

    He urged Nigerians to desist from the habit of always treating the actions of people in authority with suspicion, adding that citizens must also learn to speak well of the country in every circumstance.

  • Saraki:  Appeal Court fails to give  verdict

    Saraki: Appeal Court fails to give verdict

    • Verdict adjourned indefinitely
    • Senate President returns to CCT tomorrow

    THE Court of Appeal yesterday failed to deliver judgment in the case filed by Senate President Bukola Saraki against the Code of Conduct Tribunal (CCT).

    A female court official told the parties that the verdict was not ready, adding that they would be notified as soon as it is ready.

    She gave no details on what infomed the development.

    This is not the first time that the appeal or Supreme Court will defer verdicts.

    It is an age-long practice by the appellate courts to postpone verdicts to enable them give what is known in legal parlance as “considered decision”.

    Saraki’s trial before the CCT resumes tomorrow.

    If the verdict is delivered before then and it favours him, the case will be discontinued.

    But if he loses, the trial will go on.

    Saraki’s supporters left the appellate court disappointed following the non-delivery of the verdict.

    Last Friday, the appeal court after taking arguments from parties, fixed judgment for 2pm yesterday.

    Saraki, who was arraigned last month before CCT on a 13-count charge for alleged false asset declaration, is appealing the tribunal’s decision to assume jurisdiction over his trial.

    But lawyers to the parties, Kehinde Eleja (SAN) – for the appellant – and  Rotimi Jacobs (SAN) – for respondents – said they would not pre-empt the court, but will await it’s decision whenever it is ready.

    Eleja said he was told by the court registrar that the judgment was not ready.

    Jacobs said: “We don’t know yet what the court’s decision will be. We don’t know if the Court of Appeal will deliver its judgment before the tribunal’s next adjourned date.”

    CCT Chairman Justice Danladi Umar had, after Saraki’s arraignment on September 22, adjourned to October 21 for the hearing of pending applications, particularly the preliminary objection filed by the defendant.

    He said trial would begin after the pending applications were decided.

    On October 8, a three-man panel of the Court of Appeal, led by Justice Moore Adumein, granted accelerated hearing in Saraki’s appeal, promising to give judgment before his appearance before the CCT on October 21.

    Listed as respondents in the appeal are the CCT, Code of Conduct Bureau (CCB), Federal Ministry of Justice and a lawyer in the ministry, Muslim Hassan.

    Arguing the appeal on Friday, Saraki’s lawyer, Joseph Daudu (SAN), urged the appellate court to set aside the entire proceedings before the CCT, including the charge before it.

    He argued that the CCT was not properly constituted when it assumed jurisdiction to entertain the charges because it was made up of two members as against three, which is provided for in Paragraph 15(1) of the Fifth Schedule to the Constitution.

    Daudu contended that Section 28 of the Interpretation Act relied upon by the respondents to argue that the tribunal could validly sit with its chairman and one other member, was a contradiction of the constitutional three-member provision.

    He also argued that the tribunal, not being a superior court recognised by the Constitution, could not exercise criminal jurisdiction.

    Daudu said the CCT could not exercise the power of “a court to enable it to do some of the things they did which were exclusive to a court of criminal jurisdiction”.

    The lawyer contended that an earlier decision of the Court of Appeal (per Justice Aboki in the case by ex-Vice President Atiku Abubakar) on which the CCT relied on to assume jurisdiction in the case, was wrong.

    He argued that the appellate court’s pronouncement in the Atiku case to the effect that proceedings at the CCT were “criminal in nature,” was a mere obiter (a non-binding opinion).

    Daudu argued that the CCT was an inferior court to the Federal High Court and ought to stay proceedings and await the determination of the fundamental rights enforcement suit filed by Saraki before the Federal High Court, Abuja.

    In a counter-argument, respondents’ lawyer, Rotimi Jacobs (SAN), urged the court to dismiss the suit, on the grounds that it was based on a “misconception and wrong interpretation of the law”.

    He faulted Daudu’s prayer in dismissing the charge on the grounds that the tribunal was not properly constituted because two of its three members were currently sitting.

    “Their prayer is at large. If they are contesting the proceedings of the tribunal of September 18, how does that affect the charge before the tribunal,” he said.

    Jacobs argued that two of the three members of the tribunal could validly conduct proceedings by virtue of Section 28 of the Interpretation Act recognised by the Constitution in Section 308(4).

    He added that Paragraph 15(1) of the Fifth Schedule to the Constitution dealt with the establishment and composition of the panel, but it was silent on the number of the members that formed its quorum.

    He faulted Daudu’s position that the argument that the Court of Appeal’s decision in Atiku Abubakar’s case was an obiter.

    Justice Moore Adumein had earlier struck out the appellant’s application for stay of proceedings pending the determination of the appeal.

     

  • Buhari on Saraki’s trial: law will take its course

    Buhari on Saraki’s trial: law will take its course

    Uproar in Senate as 83 lawmakers back leadership

    President Muhammadu Buhari will not  interfere in the ongoing trial of Senate President Bukola Saraki.

    He will allow the court process to run its course, the President said yesterday in New York.

    Saraki is facing trial before the Code of Conduct Tribunal (CCT) for alleged false assets declaration. The tribunal has fixed October 21-23 to hear the matter.

    Saraki’s supporters are said to be pleading with emirs and other prominent citizens to put in a word for the Senate president. But Buhari told our correspondent in an interview that it would be an impeachable offence if he intervened.

    Here are exerpts from the interview:

    The Senate president is facing alleged false assets declaration allegations but you’ve been aloof from the case. What is your position on the issue?

    “What has the President got to do with it as a person? The case is in court. Do Nigerians expect me to tell the Chief Justice to tell whichever court that they shouldn’t try the Senate president?

    “Do Nigerians know about the constitution of their own country? The judiciary, the legislature and the executive have got their own roles within the constitution of the Federal Republic of Nigeria. Then, how do they expect me to interfere? I can be successfully impeached if I do it.

    Today in Abuja, at least 82 senators passed a vote of confidence on the Senate President. That is a significant number of senators. However, Nigerians will like to know, as the president, how confident are you in the senate president?

    That would depend on the outcome of the court’s decision.

    Are you on speaking terms with the Senate president?

    There are some appointments, which the Senate has to approve. And I can’t remember how many letters I personally wrote to him, because this is constitutional. There are people I want to work with, I cannot work with them unless the National Assembly approves. So I’ve been writing to the Senate President and to the leader of the House (of Representatives). This is constitutional.

    What do you have to say on the media’s review of your first three months in office?

    “The media is too inquisitive for my liking (laughing).

    “They ask too many questions, and I agonise over this with my adviser on media that especially our own press in Nigeria, why can’t they do more of investigative journalism? “There are a lot of things the media can do without harassing the president. For example,  my assets declaration. I’ve declared my assets four times since the first time I got a political appointment. Why can’t the press go and find out about the previous times? Instead they’re making headlines about my assets.

    It’s been circulating that you’ve been recovering some of the money stolen by corrupt Nigerians from the treasury. How true is this and how much have you recovered?

    I can’t give you figures now, because of the legal implications. It’s much easier to talk about what we’re doing according to documents. For example, every ship that is loading Nigerian crude from our terminals is supposed to record how much it has taken and on behalf of who is lifting it in terms of customer, including whether the crude oil belongs to the Nigerian National Petroleum Corporation or it belongs to our partners, like Shell, Mobil, Chevron and so on. And then we ask where are they going? Including the facts of the documents like when it was sold and which account the money was going. We have gone quite far and a number of countries have cooperated with us. In fact, again we try to get more facts from Lloyd’s of London, that is the famous shipping line insurance brokers. Because some people would take petroleum from terminals, and then change the receipt, change its direction, and put the money into individual accounts. So we want those documents in our hands so we can successfully prosecute those who have been stealing Nigerian crude. We can’t mention the details because it may compromise the legal processes, but definitely, we have done a lot of work and very soon the processes of prosecution will start.

    Uproar in Senate

    There was disquiet in the Senate yesterday over a vote of confidence passed on Senate President Abubakar Bukola Saraki and other members of the leadership of the upper chamber.

    The confidence vote, supported by 83 senators – 48 Peoples Democratic Party (PDP) and 35 All Progressives Congress (APC) senator-sparked a protest on the floor of the chamber.

    Some Senators almost exchanged blows but for the quick intervention of others who stood between the combatants.

    The sponsor-in-chief of the motion was Senator David Umaru (Niger East). Senator Ahmed Rufai Yerima (Zamfara West) seconded.

    Yesterday’s vote of confidence on the leadership of the Senate was the second in two months, the first being on July 28, when the senators adopted confidence vote as a sign of solidarity with the Senate President and members of the Senate leadership.

    Business and Rules Committee Chairman Senator Babajide Omoworare (Osun East) may have unwittingly sparked the protest when he dissociated himself from the vote of confidence.

    Omoworare, whose name was number 11 on the list of supporters of the motion, sought and was granted permission by Saraki to make some observations on the motion.

    The Osun State APC lawmaker, to the consternation of the promoters of the motion, said he was not consulted before his name was smuggled into the list of supporters of the confidence vote.

    He insisted that his name be struck out of the list since he knew nothing about the motion.

    He added that as chairman, Senate Business and Rules, he should have known about the motion “but because it came under a motion of urgent national importance”, he had no issue with the presentation.

    He, however, said that his name should be removed from the list of sponsors of the motion.

    After the confidence vote had been moved and adopted, the Senate President gave Senator Kabiru Marafa (Zamfara Central) the floor to speak.

    Before Saraki gave the nod to Umaru to present his motion,  Marafa was itching to speak. He raised his hand several times.

    The Senate President who may have gauged Marafa’s mindset ignored him and gave Umaru the floor to make his presentation.

    Marafa waited but when Saraki allowed him to speak, he came under Senate Order 53 (5), which says “Reference shall not be made to any matter on which a judicial decision is pending—”.

    He was apparently referring to the welcome address by Saraki where the Senate President referred copiously to his ongoing trial at the Code of Conduct Tribunal.

    But the Senate President asked Marafa to read Order 53(6), which states: “It shall be out of Order to attempt to reconsider any specific question upon which the Senate has come to a conclusion during the current session except upon a substantive motion for rescission.”

    Instead of reading Order 53(6), Marafa chose to read Order 53(8), which says: “No Senator shall impute improper motives to any other Senator.”

    The Senate President promptly ruled Marafa out of order and asked him to sit down, but Marafa persisted.

    He protested profusely but the Senate president ignored him.

    As Umaru read his prayers, Marafa was heard shouting “nay! Nay! Nay!” to all the prayers.

    His was a lone voice that did not make any difference.

    But Senator Isah Hamma Misau (Bauchi Central) could not stomach what he called Marafa’s “overbearing behavior”.

    Misau, a strong supporter of Saraki, sprang from his seat and attempted to call Marafa to order, but failed.

    He rained unprinted words on Marafa, who responded in like manner. The situation degenerated.

    Senators massed around the duo who were already charging at each other.

    Proceedings were halted for over 20 minutes as the altercation persisted.

    Marafa felt his right as a senator was being breached. He became almost uncontrollable, until he was led away from the floor.

    Umaru, in his lead debate, noted that the provisions of the 1999 Constitution as amended guaranteed the separation of powers and the independence of the legislature.

    He said the legislative arm of government remained the mainstay  of democratic governance, liberty, freedom, fair hearing, checks and balances and, above all, the protection of human rights of the citizenry.

    Umaru said that the Senate was determined to focus on matters of national interest and importance to the ordinary people of Nigeria and other issues that will enhance  their safety, livelihood, social and political wellbeing.

    He added that the Senate was determined to continue to perform its constitutional responsibilities in defence of democracy and the rule of law for the betterment and development of the country.

    He noted  “with dismay, the attempt and continued interference in the internal affairs of the Senate by detractors and media propaganda against Senators, the Senate and its leadership by selfish politicians”.

    Umaru said “considering the ongoing unwarranted embarrassment and aspersions being cast on the Senate and its leadership”, the Senate shall not allow itself  to be “distracted, deterred or succumb to cheap blackmail in the course of carrying out its constitutional responsibilities by any individual or group of people under any pretence or guise for personal political interest.”

    He prayed the Senate to resolve to pass a vote of confidence in the Senate President; the Deputy Senate President, Senator Ike Ekweremadu, and the entire leadership of the Senate as presently constituted.

    The prayers were adopted. Senator Marafa showed open disapproval of the prayers.

    Umaru also prayed the Senate to resolve to call on Nigerians, groups and political associations not to allow themselves to be used by any person or persons to harass, intimidate or blackmail the Senate, Senators and its leadership.

    The prayer was also adopted. Marafa said “nay” to the prayer.

    It was after the adoption of the prayers that the altercation between Marafa and Misau heightened.

    Deputy Senate President Ekweremadu later apologised to Nigerians and the Senate for the disquiet.

    Speaking on the vote of confidence, Chairman, Senate ad-hoc committee on Media and publicity, Senator Dino Melaye, said that 83 senators endorsed the leadership of the Senate was the expression of confidence the lawmakers reposed on their leadership.

    He said that the Senate would not be distracted “by people with inordinate ambition”.

    Melaye said Ekweremadu apologized to Nigerians and the Senate for “the unbecoming attitude of Senator Marafa”.

    He described Marafa’s behavious as “regrettable, condemnable and unacceptable” saying that “we assure Nigerians that this will be the last time the Senate will condone such a behavour”.

    Melaye added “If it happens again, it will be met with the full weight of the Senate – in line with Senate Standing Rules.”

  • Saraki’s trial: PDP plots to pick Senate president

    Saraki’s trial: PDP plots to pick Senate president

    Barely 24 hours after the arraignment of Senate President Bukola Saraki, some of his loyalists and Peoples Democratic Party(PDP) senators are planning to fight back, The Nation has learnt.

    They are said to be working on a plan which will lead to the election of a new Senate President from the opposition party, should Saraki be convicted by the Code of Conduct Tribunal (CCT) – the “worst case scenario”.

    Security agencies already know about the plot, it was learnt.

    Besides, there were signs yesterday that pro-Saraki senators may have “laid an ambush” for President Muhammadu Buhari’s ministerial list, which is being expected at the Senate “any moment from now”.

    They may reject the list and all appointments made so far by the President  in protest against Saraki’s trial, a source said.

    But the Presidency is unruffled.

    A source, who spoke in confidence, said last night: “Some loyalists of Saraki and PDP senators have been meeting on the options available and how to tackle President Muhammadu Buhari.

    “At the meeting in Abuja, they resolved to stand by Saraki but if he is convicted, they will make sure that the next president of the Senate is from the PDP.

    “They are really aggrieved and have vowed to stop the candidate of the Unity Forum, Sen. Ahmed Lawan, from emerging as Saraki’s successor.

    “From the way PDP and its senators are rallying around Saraki, no one needs a soothsayer to know that a bigger conspiracy is in the offing.

    “The PDP has not come to terms with the fact that it lost the last general elections.”

    Part of the plot is to reject Buhari’s ministerial list and all appointments so far made by the  President, it was learnt.

    These appointments include those of the Federal Inland Revenue Service, Nigerian Communications Commission (NCC), Nigerian Customs Service(NCS) and Assets Management Company of Nigeria (AMCON), among others.

    The source went on: “They know that the President will not present imposed candidates as ministerial nominees and they are out for a pound of flesh as from September 29 because the Code of Conduct Bureau( CCB) dragged the President of the Senate to the Code of Conduct Tribunal(CCT)”

    It was gathered that security agencies have smashed the plot.

    A government source said: “The whole plot is aimed at frustrating the President and cause a political crisis in the country.

    “They have this feeling that they must pull down the house due to the arraignment of Saraki by CCT. In spite of denial, they are pointing accusing fingers at the  Presidency for Saraki’s travails.”

    Attempts to make loyalists of tHouse of Representatives Speaker Yakubu Dogara, to pitch their tent with Saraki appear to have suffered a setback.

    It was learnt that although Saraki backed Dogara to become the Speaker, the “template has changed”.

    Dogara and his loyalists would prefer to “facilitate reconciliation between the Presidency and the Senate leadership than taking sides”.

    A Dogara supporter said: “There is pressure on our camp to take a hard line position on the trial of Saraki but we will rather broker peace than compound the situation.

    “We are not betraying anyone but we believe the challenge at hand is resolvable. If we compound the situation to team up against the Presidency, we will all fail.

    “To take sides is to set the House on fire all over. This will not augur well for the new National Assembly.”