The Nation Newspaper

Tag: Senate president

  • Saraki lacks moral right to query CCT Chair’s integrity – FG

    Saraki lacks moral right to query CCT Chair’s integrity – FG

    The Federal Government Wednesday queried the moral right of the Senate President in calling on the Chairman of the Code of Conduct Tribunal (CCT), Danladi Umar to disqualify himself from his (Saraki’s) trial for false asset declaration.

    Lead prosecution lawyer, Rotimi Jacobs said it was laughable that Saraki, who is currently being tried, will chose to hold on to office as a Senator and Senator President, but demand that Umar, who was merely investigated and had since been freed, to vacate office.

    “This motion is absurd. The defendant (Saraki), who has been charged to court, is still performing his statutory duty as a senator, but he is saying that the Constitution guarantees him presumption of innocence.

    “He is saying that he remains a senator. He is saying that he will continue to be Senate President and he will continue to perform his duties. But he is saying that your lordship (Umar), who was merely investigated, should not be allowed to enjoy the presumption of innocence and that your lordship should not be allowed to continue to perform his duties.

    “Your lordship has not been charged before any court. No charge has been filed against your lordship. That is the absurdity in their motion. This application is only filed to achieve one purpose; to embarrass the tribunal,” Jacobs said while responding to a motion by Saraki, asking the tribunal Chairman to disqualify himself from the trial on the ground that he was investigated for bribery allegation.

    Jacobs said the motion was filed to malign the tribunal chairman, adding that the investigation of the bribery allegation had been concluded and the person found to be culpable had since last year been charged to court by the EFCC.

    “If investigation has been concluded and someone is already facing trial, will the defendant be right to say that the tribunal chairman is involved in on-going investigation. He cannot be right. The investigation has been concluded since March 2015.

    “This is stated in our counter-affidavit which was never challenged. That is what led to the charge he referred to. The person on trial is the only one recommend for prosecution.

    “The letter did not recommend your lordship for prosecution. That is not what the letter says. The letter clearly stated with overwhelming evidence the person to be prosecuted. We should fear God, we are counsel,” Jacobs said.

    He noted that contrary to Saraki’s claim, the EFCC was not a party to the case, but that it was the Attorney-General of the Federation (AGF) that issued him (Jacobs) the fiat to prosecute the defendant.

    He insisted that the case was filed through the Code of Conduct Bureau (CCB) and not the EFCC as claimed by Oluyede.

    He said by virtue of section 349(7), of Administration of Criminal Justice Act (ACJA) 2015, Saraki’s lawyer, Ajibola Oluyede could not have validly file the motion without the  consent of the lead defence lawyer, Kanu Agabi (SAN) who was still in the case.

    He reminded the tribunal that the issue of who filed the charges against Saraki, had been argued by Agabi in a motion challenging the tribunal’s jurisdiction.

    Jacobs said the issue had become part of the subjects of appeal filed by Agabi against the tribunal’s ruling and urged the judge not to make findings on it in order not to run foul of usurping the duties of the appeal court.

    Earlier, Oluyede, while moving the motion, insisted that Umar must disqualify himself from the trial. He argued that the June 24, 2014 letter by the then EFCC chairman, Mr. Ibrahim Lamorde and which was dated addressed to the then AGF, Bello Adoke, did not exonerate him of the bribery allegation.

    Oluyede contended that the then AGF had directed the EFCC to proceed to prosecute the tribunal chairman and the other suspects. He added that the other report of investigation issued in March 2015 did not also clear the tribunal chairman.

    Oluyede said it would require the AGF office to issue another letter overriding the earlier directive to the EFCC to go ahead with the prosecution of Umar and his co-suspect, before the tribunal chairman could be said to have been cleared.

    He insisted that in as much as there was no fresh letter by the AGF expressly stating that Umar had been cleared of the allegation, “the legitimacy of the proceedings (Saraki’s trial) is in question”.

    On claim by Jacobs that Agabi was not part of the motion, Oluyede noted that “Paragraph 15 of the further affidavit confirms that it was, in fact the lead counsel, Agabi,that advised the defendant to bring this application before the tribunal in the interest of justice.

    “The submission of counsel, no matter how esteem that counsel is, does not and is not allowed to be considered as constituting evidence.

    “Even if it was true that the lead counsel was not aware or did not even consent or approve it for reasons of conflict, it is immaterial because any counsel that is briefed by a party to a proceeding is entitled to act in accordance to the instruction of his client,” Oluyede said.

    Before Oluyede moved the motion, Agabi excused himself from the proceedings.

    He appealed to parties in the case, including the tribunal members to allow peace to reign.

    As against the claim by Oluyede, Agabi, before exiting the proceedings, admitted that he only became aware of the motion after Oluyede had filed it. Agabi said he had no problem with the motion, being moved on behalf of the defence team.

    Shortly after Oluyede moved his motion, Umar said he has been cleared of the allegation by both the EFCC and the AGF.

    He recalled that upon a petition filed against him before the House of Representatives over the bribery allegation, the AGF (Malami) appeared before a committee of the House and told the members of the committee that he (Umar) had been cleared.

    Umar said, “A group called Anti-Corruption Network wrote a petition against me at the House of Representatives.

    “The House committee invited me and I went there three times but the petitioner did not come. The committee asked me what I think should be done and I said, if it were to be court, when the person who filed a case refuses to come, the court will strike it out. But the chairman said, let’s give them another time.

    “Why did he not strike it out and decided to continue to wait for the petitioner? I went there just because of the respect I have for the institution. I am a law abiding citizen. That is why I went there three times, abandoning all my works here.

    “They invited the AGF. He went with a copy of the letter of EFCC and he said by virtue of that letter, nobody could compel him to prosecute me on the basis of that letter, which stated that the allegation was based on mere suspicion.

    “On the basis of that, he (the AGF) said he will not prosecute me. As the chief law officer, he decides who to prosecute and when to stop to prosecute anybody.”

    The tribunal will rule Thursday on the motion.

     

  • CCT Bill: Lawyers slam Senate

    CCT Bill: Lawyers slam Senate

    Some lawyers in Lagos on Friday reacted to the ongoing amendment of the Code of Conduct Tribunal Act by the Senate, describing it as self-serving and unacceptable.

     

    The lawyers, who spoke with the News Agency of Nigeria (NAN), said the amendment was ill-timed and a breach of public trust.

     

    NAN reports that the Senate President, Bukola Saraki, is currently being tried for alleged false declaration of assets by the Code of Conduct Tribunal.

     

    The bill to amend the CCT Act, has within 48 hours, scaled the second reading in the Upper Chamber.

     

    Mr Dotun Adetunji, the Chairman, Nigerian Bar Association, Ikorodu Branch, Lagos State, said the amendment of the CCT Act at this point was a “shameful act.’’

     

    He said any amendment to a law based on vested interest was contrary to the rule of law and the ethics of good governance.

     

    “This action of the Senate while its president is undergoing trial at the CCT is a shameful act.

     

    “It is also a slap on the generality of Nigerians that voted them into office and a breach of the trust expected of them.

     

    “This move by the Senate will not put this nation in good standing in the international community,’’ he told NAN.

     

    According to him, the amendment of the CCT Act by the Senate will not in any way bring Nigeria close to a sane society.

     

    “The rule of law is supposed to create a sane society and that is why its principles aim to ensure that a nation is governed by law and not by men’s self-serving interests.

     

    “The international community and Nigerians in diaspora should raise their voices in addition to all of us within the country to condemn this move by the Senate,’’ the NBA chief added.

     

    Another lawyer, Mr Ataene Spurgeon, said although the National Assembly was empowered by the statute books to make laws for the country, the amendment of the CCT Act might be a “coincidence.’’

     

    “The amendment of the Code of Conduct Tribunal Act is a `coincidence’ with the trial of the Senate President, Bukola Saraki.’’

     

    “If the laws establishing the Code of Conduct bureau and the Code of Conduct Tribunal are faulty, it becomes necessary for the sake of the good governance to amend the same.

     

    “If three judges ought to sit on a particular tribunal and there are only two judges presently sitting, then there is a gap in the law which needs to be addressed for the future, ’’ he also told NAN.

     

    For Mr Ola Ogunbiyi, the amendment should not affect the trial of the senate president.

     

    “The trial can only be affected if the trial is stalled till after the amendment.

     

    “The Senate can at any point amend the law, that it is being amended at this point in time is not an issue.

     

    “The law begins to take its course the day it is signed into law; it is not going to be retrospective.

     

    “Now it is not a law, it is still under amendment before the Senate and it will not affect his trial.’’

     

    An Abeokuta-based legal practitioner, Mr Emmanuel Olu-Alade, said there was no law forbidding amendment of an Act because someone was on trial.

     

    “The question is, ‎what are the paragraphs that are currently being amended and what would be the effect of the amended paragraphs considering the ongoing trial of Bukola Saraki.

     

    In his contributions, Mr Wale Ogunade, a lawyer and public affairs analyst, said:

    “The Senate is required by law to amend laws.

     

    “However, in the case of the amendment of the CCT Act by the Senate, the question to ask is: does the Senate have an honest intention or an ulterior motive.

     

    “My opinion is that the recent moves by the Senate to amend the CCT Act were designed to frustrate the trial of Saraki.

     

    “It is designed to water down the Act making it worthless, useless and of no effect whatsoever.”

  • CCT: Saraki loses bid to stop trial

    CCT: Saraki loses bid to stop trial

    A Federal High Court in Abuja Thursday dismissed the application filed by Senate President Bukola Saraki seeking nullification of his ongoing trial at the Code of Conduct Tribunal, CCT.

    In his ruling, the trial Judge, Abdul Kafarati, held that the CCT is a constitutional body, in the discharge of its legal obligation which should not be interfered with by a court of law.

     

     

  • CCT: Saraki’s trial to resume today

    CCT: Saraki’s trial to resume today

    The trial of Senate President, Dr. Bukola Saraki, on alleged false declaration  of assets is set to resumed at the Senate President, Dr. Bukola Saraki today,  Wednesday, April 6, 2016.

     

    On Tuesday, counsel to Saraki, Mr. paul Usoro asked for an adjournment on the ground of appeal that had been entered before the appellate court.

     

    Usoro reiterated that the process of appeal had been transmitted to the CCT and the record of appeal was before the Tribunal.

     

    The defendant filed a motion of stay of proceedings which is before the Registrar of the court, he told the Tribunal.

    He explained that the prayer for adjournment was to essentially allow the Court of Appeal to entertain and arrive at a decision in the appeal, which it had graciously

     

    However, the trial is set to resume with counsels to the case, announcing their appearances.

     

    .

  • I’ve fully complied with law on asset declaration, says Saraki

    I’ve fully complied with law on asset declaration, says Saraki

    Senate President,  Abubakar Bukola Saraki, on said that he has fully complied with the provisions of the law on declaration of assets by public officers.
    Saraki in a  reaction to the claim contained in the Panama-based offshore provider, Mossack Fonseca and shared by the International Consortium of Investigation Journalists (ICIJ) that he failed to declare assets belonging to his wife, Mrs Toyin Saraki, in secret offshore territories, noted that  he has in his different asset declarations included properties owned individually by himself and his wife.
    The statement signed by his Special Adviser Media and Public Affairs, Yusuph Olaniyonu, said that the property in question formed part of Saraki’s wife family asset.
    It said: “The property in question forms part of Dr. Saraki’s wife’s family asset. It is public knowledge that Mrs. Saraki comes from a family of independent means and wealth with numerous and varied assets acquired over decades in family estates and investments.
    “Furthermore, the law only requires a public officer to declare both his own assets and those held by his spouse and his children under 18 years of age. The law does not require a public officer to declare assets held by the spouse’s family.
    “It is not expected by the law that a public officer should declare such assets held in the spouse’s family estate.
    “Indeed, the Code of Conduct form does not make provision for the declaration of spouse’s family assets,” he stated.
  • Saraki loses bid to stall trial at CCT

    Saraki loses bid to stall trial at CCT

    Senate President, Bukola Saraki has lost in a bid to quash the 13-count charge of false assets declaration as the Code of Conduct Tribunal dismissed his application to that effect.

    Tribunal Chairman, Danladi Umar, in a ruling Thursday morning, dismissed the application by Saraki on the ground that it was without merit.

    He held that Saraki was wrong to have requested the tribunal to be guided by its decision in the Bola Tinubu case.

    Umar said the tribunal could not rely on its decision in the Tinubu having held in subsequent cases departed from the position it took in the Tinubu case.

    Tribunal Chairman upheld argument by lead prosecution lawyer, Rotimi Jacobs (SAN) to the effect that the CCT, in its subsequent judgments, has realized that its decision in FRN v. Bola Ahmed Tinubu was given per incuriam (without due regard to the law or the facts) and had departed from it and followed the provision of the Constitution.

    He held that the provision of Paragraph 3(e) of Part 1 of the 3rd Schedule to the 1999 Constitution emphatically removed and omitted the proviso (in Section 3(d) of the Code of Conduct Bureau and Tribunal (CCB/T) Act requiring written admission or denial.

    “That proviso that is repeated in Section 3(d) of the CCB/T Act cannot be sustained any longer under the 1999 Constitution. The decision in Tinubu’s case was given per incuriam and the tribunal should not follow such a decision,” he said.

    Umar also faulted Saraki’s calim that it was wrong for the Code of Conduct Bureau (CCB) file seek to prosecute him now about 15 years after he allegedly committed the offences of false assets declaration.

    The CCT Chairman agreed with Jacobs that, since there is no time limit within which an individual can submit a complaint of an infraction or non-compliance with the provision of the Code of Conduct, the defendant’s argument that once there was no official complaint against him within a reasonable time of his submitting the declaration, he could no longer be investigated and prosecuted, cannot stand.

    He also noted that there can be no clearance by implication, unless it is expressly stated by the statutes and time does not run against the state.

    “It is not out of place to charge the accused person now and ask him to answer to the charges against as there is no statute of limitation in relation his case,” Umar said.

    The CCT Chairman rejected Saraki’s contention that the Attorney General of the Federation (AGF) was without powers to initiate and prosecute cases before the tribunal.

    He held that the AGF, empowered by the Constitution to intimate or take over initiated criminal cases on behalf of the Federal Government, he (AGF) was could initiate and prosecute cases before the tribunal.

    The tribunal Chairman noted that defendant’s claim that he was denied fair hearing having not been called to make written statement before the filing of the charge, could be raised latter in the case.

    He held that such argument was premature and could be raised in the course of the hearing of the substantive suit.

    “The motion by the defendant, to quash the charge against him is refused. In the final analyses, the tribunal assumes jurisdiction in this case. The prosecution is to invite it’s witness,” he said.

    Shortly after the ruling, and upon inquiry by the CCT Chairman about what next steps should be taken, Jacobs urged the tribunal to allow the prosecution open its case.

    “We are ready for trial, my lord. And our witnesses are ready and are in court. Let us open our case by calling our first witness, even if it is for just five minutes,” Jacobs said.

    Lead defence witness, Kanu Agabi (SAN) objected to the commencement of trial. He said the case was adjourned to yesterday for ruling.

    He said the tribunal would create the impression that it had made up its mind, before the ruling, to proceed with trial, even when the defence was challenging its jurisdiction.

    Agabi sought a fresh date for the commencement of trial.

    Ruling, tribunal Chairman agreed with Agabi that it was unnecessary for the tribunal to rush into trial. He noted that the Administration of Criminal Justice Act (ACJA), though seeks prompt determination of criminal cases, recognises the need for the defendant to be given adequate time to prepare its defence.

    “We do not need to rush. We need to proceed carefully in the interest of justice and to ensure that justice is done to all parties. The ACJA did not say the defendants should not be given adequate time to prepare its defence,” he said.

    He adjourned to April 5 for the prosecution to open its case.

     

  • We are committed to Nigeria’s economic growth – Unilever

    We are committed to Nigeria’s economic growth – Unilever

    Unilever Africa has stressed its commitments towards further investment and growth in Nigeria.

    This was on Wednesday disclosed by Unilever Africa President, Bruno Witvoet, while at a CEO Forum in Abidjan.

    It would be recalled that earlier this year, the Africa CEO visited Nigeria where he met with key government officials like the Senate President, Dr. Bukola Saraki and the Minister of Trade and Investment, Dr. Oky Enelamah and he expressed Unilever’s intention to strengthen its investments, as well as commitment to growing business sustainably in Nigeria.

    At the same meeting, the Unilever Boss, stated that the company was working on its backward integration plans, driving towards 100% local sourcing over time.

    “We are pleased and very confident to state that we are a Nigerian company and we are here to stay.

    “We have been in the country for 92 years and will be here for another 92 years and more. Our plans for increased investment will also bring about employment opportunities in the country as workers will be recruited for the new production line, and in the farms for the production and sourcing of local raw materials.”

    When asked about the prevailing economic circumstances in Nigeria at the CEO forum, the Unilever Boss said he believes the situation in Nigeria is improving and that the company will continue to invest in the country. He noted that as well as a number of expansion programmes already underway, approval has also being given to invest more in capital expansion.

    Mr Wivoet, while stating that it was not the job of companies to comment on currency policies, stated, that he is hopeful, that the current Foreign Exchange situation across the continent where black market rates are allowed to play parallel to official rates will be addressed to help support rapid economic progress.

    Local sourcing of raw materials Mr. Witvoet stated will help provide a ready market for some of the products produced by local farmers and thus provide them with the needed encouragement and empowerment.

  • How Saraki looted Kwara – EFCC, CCB

    How Saraki looted Kwara – EFCC, CCB

    The Code of Conduct Bureau (CCB) and the Economic and Financial Crimes Commission (EFCC) Friday gave details of how Senate President, Bukola Saraki allegedly looted Kwara State while he served as the state’s governor between 2003 and 2011.

    The CCB and EFCC, in a joint response to claim by Saraki that his trial before the Code of Conduct Tribunal (CCT) was mere persecution and witch-hunt, gave details of how Saraki allegedly acquired property in Lagos, Abuja and London, using kwara State funds.

    The agencies also gave details of how Saraki allegedly syphoned Kwara state funds, using his link with a commercial bank, Guaranty Trust Bank (GTB) Plc into his foreign account, and with which he procured property in London.

    The joint response by the CCT and EFCC is contained in the counter-affidavit filed by the prosecution in the trial of Saraki on charges of false assets declaration.

    Saraki had, in a fresh motion filed by his new lawyer, Kanu Agabi (SAN), queried the competence of the charge against him, the jurisdiction of the CCT to try the charge on the ground that he was not accorded fair hearing by the CCB before he was charged before the EFCC over alleged discrepancies in his asset declarations forms.

    He queried the timing, arguing that most of the offences were allegedly committed about 15 years ago while he was a governor and that he was not confronted with the discrepancies as required under the Constitution, to  enable him explain either agree or deny the discrepancies.

    Friday, prosecution lawyer, Rotimi Jacobs (SAN) argued the prosecution’s counter-affidavit and urged the court to dismiss Saraki’s fresh motion on the ground that it constituted an abuse of court process.

    An official of the CCB, Peter Danladi stated in the counter affidavit, that the investigation of the various petitions of corruption, theft, money laundering, among others against Saraki in 2010, was conducted jointly by official of the EFCC, CCB and the DSS.

    “The EFCC conducted its investigation on the various petitions and made findings which showed that the defendant/applicant abused his office while he was the governor of Kwara State and was involved in various acts of corruption as the governor of the state.

    “The defendant/applicant borrowed huge sums of money running into billions from commercial banks, particularly Guarantee Trust Bank and used the proceeds of the loan to acquire several landed property in Lagos, Abuja and London, while he was the governor of Kwara State.

    “As against the defendant using his own legitimate income to defray the loan, he took public funds, running into billions from Kwara State Government and lodged same in several tranches and in cash into his GTB account I GRA (Government Reservation Area), Ilorin, Kwara State.

    “The defendant/applicant’s account officer in GTB, confirmed that the defendant/applicant gave him several cash in government house to lodge into the account and in some occasions, the defendant sent his aids from government house to give him the cash for lodgement into his account.

    “When the EFCC submitted its report to its legal department and the Federal Ministry of Justice, the Ministry of Justice formed the opinion that the offences revealed from the investigation, particlularly as they relate to the property acquired by the defendant/applicant while he was governor of Kwara State and various moneys sent into  his various accounts outside Nigeria can be better handled through the Code of Conduct Bureau  (CCB) and Code of Conduct Tribunal (CCT).

    “The office of the Attorney General of the Federation (AGF) then sends the findings and the evidence gathered during investigation by the EFCC as a complaint to the Code of Conduct Bureau for investigation and that the operatives of the EFCC would collaborate with the officers of the CCB for effective investigation.

    “Our investigation on the CCB Assets Declaration Forms for public officers filed by the defendant/respondent revealed the following:

    “The landed property listed as No: 42 Gerald Road, Ikoyi was visited by Mr. Ikechi Iwuagwu (Deputy Director, CCB), Miss. Geraldine Longsten (DSS) and Adamu Garba (EFCC) sometime in 2006 and discovered that the property was under construction.

    “Contrary to the declaration by the defendant that he was earning an annual income of N110, 000,000 from No: 42 Gerald Road, Ikoyi, Lagos, there were no tenants in the property as same was an empty land as at the time of the declaration.

    “Contrary to the declaration by the defendant that he owned 15A and 15B Mcdonald, Ikoyi, Lagos as at the time of the declaration in 2003 our investigation revealed that the said property were acquaired in 2006 from the implementation committee on Federal Government Landed properties through his companies called Tiny Tee Limited and Vitti Oil Limited wherein he paid the sum of N396, 150,000 to the federal Government of Nigeria.

    “The defendant made an anticipatory declaration for the said 15A and 15B, Ikoyi, Lagos. The defendant acquired the property in the name of two companies because he could not buy two Federal government property in his personal name.

    “The defendant bided for and acquired 17, 17A and 17B Mcdonald, Ikoyi, Lagos from the Implementation Committee on Federal government Landed Property and paid an aggregate sum of N497, 200,000 to the Federal Government between October 2006 and 2007.

    “A scrutiny of the defendant’s salary account with the Intercontinental Bank (now Access Bank) of account No: 0100857813 reveals that his monthly take home salary as at the time he acquired the property was not more than N500, 000 and the defendant acquired property far in excess of his income.

    “While the Federal Government was selling its property, the Centarl Bank of Nigeria, being an agency of the Federal Government sold plot 2A, Glover Road, Ikoyi, Lagos for N325,000,000 between 2007 and 2008 to the defendant, which the defendant purchased through his company called Carlisle Properties when he was the governor of Kwara State,” Danladi said.

    He added that further investigation by the CCB  revealed that Saraki also acquired a property at Plot #&A  Glover Road, Ikoyi, Lagos through Carlisle Properties Limited while he was governor of Kwara state and that he has been receiving rent form the property.

    Danladi said investigation on the asset declaration forms submitted by Saraki between 2003 and 2011 revealed that he failed to declare his interest in Plot 2A Golver Road, Ikoyi, Lagos (in his 2011 asset declaration form); No: 1 Targus Street, Maitama, Abuja otherwise known as 2482 Cadastral Zone A06, which he claimed he acquired in November 1996 from one David Baba Akawu (in his assets declaration form of 2003).

    Saraki was also said to have failed to declare his ownership of No: 3 Targus Street, Maitama, Abuja otherwise known as 2481 Cadastral Zone A06, Abuja which he acquired from one Alhaji Attahiru Adamu in his asset declaration form (of June 3, 2011.) and No: 42 Remi Fani-Kayode Street, Ikeja Lagos, which he acquired through his company, Skyview Properties Limited from First Finance Trust Limited on December 12, 1996.

    “The defendant has a domiciliary account with GTB Plc in Nigeria with account No: 441441953210 from where he made various cash transfers totalling 3.4million US dollar between 2009 and 2012 to American Express Service Europe Limited with account No: 730580 maintained with the American Express bank, New York and the various sums were transferred into the defendant’s card account No: 374588216836009 maintained by the defendant outside Nigeria.

    “Sometime in February 2010 the defendant obtained a loan of N375, 000,000 from GTB Plc in Nigeria, which he converted into 1,516,194.53 pounds sterling and gave instructions to the bank to transfer the entire sum to the united Kingdom in favour of Forts Bank SA/NV the purpose of which the defendant stated to be the full and final payment of mortgage redemption for the property he purchased in London,” Danladi said.

    Arguing Saraki’s motion earlier, Agabi was of the view that the tribunal lacked jurisdiction to entertain the charges, on among other grounds, that the Attorney-General of the Federation and Minister of Justice lacked the powers to file charges before the tribunal.

    He also argued that the failure of the Code of Conduct Bureau to invite Saraki to confront him with the breaches in his assets declaration form was fatal to the validity of the charges.

    Responding, Jacobs argued that Agabi’s argument was embarrassing and self-serving. Jacobs, who once served as aide to Agabi while he was the Attorney General of the Federation (AGF) wondered why his former principal will now argue against the power to initiate proceedings before the CCT.

    “On their argument that the AGF cannot initiate proceedings before this tribunal, we are saying that issue, which is their NO: 2 is embarrassing. They had earlier argued, up to the Supreme Court, that it is only the AGF that can initiate cases here. They dragged that case before the Supreme Court and lost. Then they have come back here to now argue the opposite, that the AGF cannot initiate a case before the CCT.

    “Fortunately for me, I served with the lead defence lawyer (Agabi) as a Special Assistant (SA) when he was the AGF. He signed several charges, which I prosecuted before this tribunal on his behalf. Some these case included that involving former Minister of the Federal Capital Territory (FCT, Jeremiah Useni, former Plateau State governor, Joshua Dariye, among others.

    “He did not only sign those charges, I represented him. Having benefited and utilised those law, can he now come back to condemn the law? That is embarrassing. And it should not be accepted. The same AGF, who worked with that provision of the Constitution, cannot now argue that the EFCC cannot liaise with the CCB in investigating cases,” Jacobs said.

    Jacobs argued that the fresh motion by Saraki was an abuse of court process because he had raised similar issues and sought the same reliefs in about four other motions he filed before different courts in the country.

    He cited the cases marked: FHC/ABJ/CS/775/15, FHC/ABJ/CS/905/15 and FHC/ABJ/CS/1507/15 already filed by Saraki in attempt to frustrate his trial before the CCT.

    CCT Chairman, Danladi Umar has adjourned to March 24 for ruling and possible commencement of trial.

     

  • CCT: Saraki prevents commencement of trial

    CCT: Saraki prevents commencement of trial

    • Again, Senate President queries tribunal’s jurisdiction

     

    The scheduled commencement of trial in the case involving Senate President, Bukola Saraki was stalled Friday by a new motion he filed challenging the tribunal’s jurisdiction.

    Saraki was arraigned before the Code of Conduct Tribunal (CCT) last year on a 13-count charge of alleged false declaration of assets.

    After the Supreme Court’s decision on February 5 this year, dismissing Saraki’s appeal, the tribunal fixed March 10 for the commencement of trial.

    Saraki’s new lawyer, Kanu Agabi (SAN) later sought a shift in the date, prompting the tribunal to fix Friday for trial.

    When parties arrived the tribunal Friday, prosecution lawyer, Rotimi Jacobs (SAN) told the tribunal that his client was ready for the commencement of trial, and that his witnesses were in court.

    Responding, Agabi informed the court about a fresh motion he filed, challenging the tribunal’s jurisdiction.

    He said the motion was served on the Federal Ministry of Justice and not personally on the prosecution lawyer.

    Jacobs protested what he described as the wrong service of the new motion by the defence, arguing that it was part of the ploy by the defence to prevent the commencement of trial in the case.

    He noted that, while Agabi effected personal service on him of his letter requesting the rescheduling of the resumption of proceeding, he (Agabi) chose not to serve him the fresh motion.

    Jacobs noted that the issue raised in the new motion had been decided earlier by the tribunal, and up to the Supreme Court.

    He said the Supreme Court’s judgment in the similar motion by Saraki has since been report and cited as ” Saraki vs FRN: SC 2016 NWLR at page 531.

    “The Supreme Court even said the conduct of the counsel was to harass and intimidate this warrant. I was not served with any motion until now. When he sought and adjournment, he copied me. Then, he now filed a motion and decided to serve it on the Ministry of Justice, who is my client.

    “I submit that this is a deliberate attempt to scuttle this trial and prevent the prosecution from proceeding to trial in this case.

    “This is the same person, who is saying that he is being persecuted and that there is no case against him. He is telling the whole world that there is no case against him. He is saying the state is persecuting him, yet he does not want us to present our case.

    “Justice is not for the defence alone. The defendant is attacking us and claiming that there is no case against him, yet he does not want the case to go on,” Jacobs said.

    Jacobs, who said he was unduly being harassed and subjected to pressure in relation to his involvement in the case, noted that the defence’s decision to hire Agabi, who he described as his mentor, was part of the defendant’s strategy to keep him under pressure.

    Jacobs said:” I have integrity. My integrity is at stake. I have been involved in the past, in the prosecution of former governors and a former Inspector General of Police (IGP). I have not received this kind of attack, pressure and trouble.

    “The strategy of pulling down institutions and people is an issue this tribunal must address,” Jacobs said.

    He urged the tribunal to allow the prosecution open its case, noting the under Section 368 of the Administration of Criminal Justice Act (ACJA) the defence could raise objection at any stage in the case, but that the tribunal was empowered to reserved its decision which it could give with the judgment.

    Responding, Agabi apologised for the service of his fresh motion on Jacobs’ client.

    He blamed the error on the fact that he was new in the case.

    He sought a date for the hearing of the motion, arguing that it was the law that once a motion was filed, even if it was frivolous, the court must hear it and pronounce on it.

    Tribunal Chairman, Danladi Umar adjourned to March 18 for the hearing of Saraki’s now motion and possible commencement of trial.

    He directed Jacobs and Agabi to file all necessary papers before then. He also directed that henceforth, all processes should be served on the prosecution lawyer in person.

    Saraki, in the new motion filed on March 4, wants the court to quash the charge against him or strike it out and discharge him of the offences on the ground, among others, that the tribunal lacked the jurisdiction to try him.

    He argued that the process leading to his arraignment was wrong and that he was denied fair hearing.

    “The facts relating to these matters are no longer fresh in my memory, quite apart from the fact that I have lost many of my records pertaining to them. The charge does not serve that public interest and constitutes a gross abuse of the legal process,” Saraki argued.

    These are mainly issues he had exhausted in his appeal, which the Supreme Court dismissed on February 5 and ordered him (Saraki) to submit himself for trial, before the CCT.

    Although the tribunal commenced sitting Friday by 10.05am, Saraki and his supporting Senators arrived the tribunal around 9.50am.

    Some of the members of the Senate at the proceedings include Stella Oduah, Dino Melaye, Sameul Anyanwu, Ike Ekweremadu, Danjuma Goje, Tayo Alasoadura, Ben Bruce and Ali Ndume.

  • Saraki to ACF: All zones must contribute to GDP for national stability

    Saraki to ACF: All zones must contribute to GDP for national stability

    Senate President, Abubakar Bukola Saraki, on Wednesday appealed to all geopolitical zones in the country to contribute equitably to the country’s Gross Domestic Product (GDP) in order to ensure national stability.

    Saraki according to a statement by his Chief Press Secretary, Sanni Onogu in Abuja, made the appeal when the Chairman of the National Executive Council of the Arewa Consultative Forum (ACF), former Inspector General of Police, Dr. Ibrahim Coomassie, led other executive members of the Forum to visit the Senate President at the National Assembly.

    The Senate President said the only way for the North to contribute meaningfully to the growth of the nation’s GDP and the diversification of the economy is for its leaders to methodically focus on mining and agriculture.

    Saraki said: “My appeal is that in all countries that have gone through similar economic challenges like ours, recovery does not happen overnight. There will be initial pain, but eventually, the future will be bright. It is this journey that we should have embarked upon many years ago. We cannot run away from it.

    “We cannot continue to depend only on oil. We must look at agriculture. Specifically for those of us from the North, agriculture is key. I also want to say that for the stability of any country, it is important that every part of the country is seen to be contributing to the economy of the country. A country where it is only one part that contributes to the economy is a recipe for disaster.

    “For the stability of this country, it is important that we from the North must play our own role to contribute significantly to the GDP of this country. It is then we come to the table on equal terms and then we will be able to ensure the stability of this country. The only way for us to make our contribution is to go back to mining and agriculture. We must talk to our people that it is time for hard work to do that.”

    Saraki noted that the 8th National Assembly is already looking at laws to improve the business environment, address infrastructure deficit and, ensure private participation in construction and maintenance of roads, ports and even railway systems in the country.

    He told the northern elders that the National Assembly is committed to supporting President Muhammadu Buhari so that he can achieve success in his fight against corruption and bad governance.

    He said: “I think we don’t have much choice because a lot of Nigerians spoke at the last election and said goodbye to impunity and bad governance. They want leadership based on transparency and accountability and the 8th Senate is going to work tirelessly to ensure that we give them just that.

    “In doing that, we need your support, because we are going to step on toes. In doing that we are going to be seen to be doing things that have not been done before and of course those that do not want change will fight back. That is natural. But our distinguished Senators are committed and no amount of intimidation and blackmail will stop us from doing what we know is in the interest of the good people of Nigeria.”

    Saraki reiterated the commitment of the National Assembly to pass the 2016 budget on March 17, 2016, adding that after the passage, the National Assembly would focus on the amendment of the Constitution and the Electoral Act.

    “It is our intention that as soon as we pass the budget, the constitutional amendment committee that we have set up will begin to meet. I have told them that I will like to see that by June, they have finished and the proposed amendment should go to the State Houses of Assembly.”

    Coomassie told the Senate President that the visit was meant to sustain and consolidate the cordial relationship that exist between the ACF and the Senate since 1999.

    He congratulated Saraki on that inauguration of the 8th Senate and described the National Assembly as an epitome of democracy.

    Coomassie said: “May I also acknowledge the support and cooperation the executive arm of government enjoys from you as clearly demonstrated by the speedy screening of the Ministers by the Senate and the consideration of the 2016 Appropriation Bill which the National Assembly has pledged to pass before the end of this month.”

    He reminded the Senate that their role does not end in legislation alone, but also to ensure the “effectiveness of oversight functions and transparency for the benefit of Nigerians…. ACF shall continue to support you to legislate well…”