By Ikechukwu Nnochiri & Caleb Ayansina
ABUJA — The Federal Government, yesterday,
docked the Senate President, Dr. Bukola Saraki, before the Code of
Conduct Tribunal, CCT, sitting in Abuja, on a 13-count criminal charge
that bordered on corruption, false declaration of assets, and illegal
operation of a foreign bank account while in office as a public servant.
Saraki, who was docked before the tribunal at 11:24am, yesterday,
pleaded not guilty to the charge marked ABT/01/15, which the Federal
Ministry of Justice preferred against him following a recommendation by
the Code of Conduct Bureau, CCB.
Senate President, Senator Bukola Saraki Docked by Code of Conduct Tribunal in Abuja. Photo by Gbemiga Olamikan
In the charge sheet which was signed by a deputy director in the
office of the Attorney General of the Federation, Mr. M. S. Hassan, he
was alleged to have manipulated the assets declaration forms he
submitted before the CCB in 2003, 2007 and 2011, by making anticipatory
declaration of assets.
The Federal Government maintained that the action of the Senate
President ran contrary to the provisions of section 2 of the CCB and
Tribunal Act, and punishable under section 15(1) & (2), and 23(2) of
the CCB and Tribunal Act, Cap C15, Laws of the Federation of Nigeria,
as well as paragraph 9 of the Fifth Schedule to the 1999 Constitution,
as amended.
Drama at CCT
Meantime, the trial kicked-off on a dramatic note yesterday, with
Saraki initially refusing to mount the dock to enter his plea to the
charge.
Immediately the case was called, Saraki, who had arrived the tribunal
at about 9:35am, flanked by over 25 other Senators, including the
Deputy Senate President, Mr Ike Ekweremadu, declined to indicate his
presence by standing up, as usually done by every accused person that
appears before the tribunal for trial.
Owing to his refusal to stand up, the tribunal chairman, Justice
Danladi Umar, who was obviously looking at Saraki from his seat, asked
the prosecuting counsel, Mr. Rotimi Jacobs, SAN, whether or not the
accused person was arrested and produced in court as was earlier
ordered.
“My Lord, I cannot see him. I think the first thing is for him to
leave his seat and enter the dock, after which counsel can announce
their appearances before the charge is read for the defendant to enter
his plea”, the prosecuting counsel stated.
Before he could finish his submission, Saraki’s lawyer, Mr.
J.B.Daudu, SAN, who led seven other SANs and 20 lawyers for the accused
person, challenged the propriety of allowing the Senate President to
mount the dock despite the fact that he has raised constitutional issues
with regard to the legal competence of the tribunal to try him.
“With profound respect to the chairman and member of this tribunal, I
agree with my learned brother that we should enter appearances first.
However, I need to place it on record that the order of this tribunal
was that the accused should be produced in court today and we have
satisfied that order. It was not for him to enter his plea. Prior to the
last adjournment, this case was adjourned for mention. There is a
fundamental thing that the tribunal has to determine first, which is the
issue of our preliminary objection which borders on the jurisdiction of
the tribunal to proceed with this matter in the light of existing
judicial authority in Igbeke vs. FRN, 2015, 3-NWLR, at part 1445”, Daudu
contended.
His argument infuriated the prosecuting counsel, Jacobs, SAN, who
accused Saraki of deliberately attempting to rubbish the integrity of
the judiciary by engaging in “forum shopping” at various levels of the
court with a view to thwarting his arraignment.
Why Saraki must be docked— FG’s Counsel
Highlighting how Saraki ran to both the Federal High Court and the
Appeal Court in Abuja with different applications all in his futile bid
to stop the proceeding of the tribunal, Rotimi, said: “My lords, having
exhausted and overstretched the legal process and failed, the Appeal
Court ordered him to come here and face his trial. This court should not
be taken for granted anymore. The accused person was a member of the
7th Senate; they were the ones that made the law. They saw the lapses
and in their effort to sanitize our criminal justice system, modified
the law to the effect that an accused must enter his plea first before
raising preliminary objections. That is what is provided in section 396
of the Administration of Criminal Justice Act, ACJA, 2015.
“My Lords, the judiciary saved this country yesterday. What would
have happened if this tribunal had yesterday (Monday), made an order
that contradicted that of the FHC, or the FHC issued an order
contradicting that of the Appeal Court? That was the kind of position
the accused person wanted to foist on us. The position of the law is
that he should enter the dock and take his plea and I urge your
lordships to order him to do so. Our law is not a respecter of persons,
whether kings or queens. The rule of law is for everybody and must
prevail in this case”, the prosecution counsel insisted.
At that juncture, Saraki’s lawyer delved into another line of
argument, contending that going by paragraph 18(1) of the Fifth Schedule
to the 1999 constitution, the proceeding of the CCT could not be
classified as a criminal trial.
He further argued that under the law, where the CCT found that a
public officer contravened any provision of the Code of Conduct, such
person could be punished by being asked to vacate the office he/she
occupies, disqualification, seizure and forfeiture of assets in
contention, or made to suffer any other penalty as may be imposed by the
National Assembly.
“This court is not empowered to try criminal cases, this tribunal is
like a disciplinary committee that is meant to punish politicians, not a
court where Section 6 of the ACJA applies”, Daudu, argued.
In a short ruling, Justice Umar, while upholding the submissions of
the prosecutor, relied on the appeal court decision in the case of FRN
vs. Atiku Abubakar, and held that the charge against Saraki was criminal
in nature, even as he summoned the accused person to mount the dock and
enter his plea before his objections would be heard.
I believe in rule of law — Saraki
Having failed to persuade the tribunal, a visibly displeased Saraki strode into the dock.
As the court clerk read the first count of the charge to him, the
accused, took time to lecture the tribunal on the appropriate course of
action it ought to have taken before docking him over alleged false
declaration of assets.
He complained that he was never afforded the opportunity by the CCB
to clarify whatever disparity it observed in the assets he declared
while in office as the Governor of Kwara State.
Saraki, who addressed the court from the dock, said: “I am a firm
believer of the rule of law. I am happy that some of the good works the
senate has done in the justice administration have been made reference
to. We were the ones that passed the Code of Conduct Bureau Act.
“I just want to make this brief introduction to show you that I
believe in the process of the rule of law. Section 3(d) of the CCB &
Tribunal Act says that, if there is a breach in asset declaration, the
CCB shall refer the matter to the CCT, after giving a defendant an
opportunity to either confirm if those facts were true or not, then the
matter shall be referred to the tribunal. I felt that the CCB should
have called me according to the law because we have been talking about
new Nigeria. We have been talking about Nigeria going forward.
“Mr Chairman, as a layman, I should know why I should be punished
like this. We are all watching, we are all before the world not only
before Nigerians, I will conform myself with due process, that is why I
have come here to subject myself before this tribunal. I strongly
believe that I am here today because I am the Senate President. So as I
stated before, I want to say that I am not guilty”, Saraki pleaded.
Similarly, when the 13th count of the charge was read to him, Saraki,
in what appeared like his closing speech from the dock, claimed that he
was only seeing the charge for the first time.
“Mr. Chairman we have institutions in this country. I want to say
that your institution, the Senate and the judiciary are undergoing test
today. I pray that the interest of this country will lead us to do the
right thing to move this nation forward.
“It is my humble opinion that this case is a vivid example that there
is still flagrant disregard for due process in our polity. This trial
is not only being observed by Nigerians alone, the international
community is watching because Nigeria is a key member of this community.
So, the executive, legislature and judiciary should do the right thing
that will truly demonstrate that we have imbibed the spirit of positive
change”, Dr Saraki said.
Before he could finish, the prosecuting lawyer urged the court to
expunge all his submissions. “My lords he had sworn to uphold the
constitution. He cannot argue points of law from the dock; that is why
he has lawyers.”
Released on bail
While praying the tribunal to release the Senate President on bail,
his lawyer, relied on section 36(b) of the 1999 constitution and pleaded
that he should be given adequate time and facilities to prepare his
case, saying: “My lords, you do not presume that he is guilty until so
is proven”.
The defence counsel equally urged the court to consider “the
sensitive position the accused person occupies”, and grant him bail on
self recognizance, saying “it was based on my advice to test the law at
the higher court that he did not appear before this court previously. He
is a law abiding citizen”, Daudu, SAN, begged.
The prosecution counsel did not object to the bail application. The
tribunal after noting that the accused person appeared in court on his
own volition, not only acceded to the bail request, but equally vacated
the bench warrant that was issued for his arrest by the Inspector
General of Police.
“The defendant, having brought himself voluntarily, we are not going
to ask him not to go back home. He will go back and present himself for
trial at the next adjourned date”, the Justice Umar-led tribunal held.
Besides, the prosecutor, yesterday, confirmed before the court that
he was the one that prevailed on security agencies not to arrest Saraki
on Monday following a passionate plea from his team of lawyers who he
said undertook that they would produce him in court.
The tribunal subsequently adjourned the matter till October 21, 22 and 23 to hear Saraki’s preliminary objections.
Meantime, investigation by
Vanguard,
yesterday, revealed that the federal government has lined up a total of
five witnesses that will testify against Saraki, including the former
Minister of the Federal Capital Territory and incumbent governor of
Kaduna State, Mallam Naisr El-Rufai.
El-Rufai is expected to testify that he was the one that sold one of
the assets that Saraki bought in Abuja, which the government alleged
that he failed to include among the assets belonging to him.
The government said it has already furnished Saraki with the proof of
evidence against him, just as it also attached as exhibits, four
different assets declaration forms the accused persons submitted to the
CCB.
“We have gathered enough evidence to prove that the defendant made anticipatory assets declaration”, Rotimi boasted.
Before he exited the dock yesterday, Saraki, who was all smiles,
gaily acknowledged cheers from his supporters who defied heavy security
presence within the tribunal premises and thronged the court room in
their numbers yesterday.
SENATE
PRESIDENT BUKOLA SARAKI (M) AND OTHER LEGISLATORS AT THE CODE OF
CONDUCT TRIBUNAL HE WENT TO TAKE HIS PLEA IN THE 13-COUNT CHARGE SLAMMED
ON HIM OVER ALLEGED FALSE DECLARATION OF HIS ASSETS, IN ABUJA ON
TUESDAY (22/9/15)
Aside Ekweremadu, other lawmakers that appeared in court with Saraki
yesterday included, Senators Shaaba Lafiaji; Theodore Orji; Mao
Ohuabunwa, Tayo Alasoadura, Kaura Tijani, Samuel Anyanwu, Ben
Murray-Bruce, Gilbert Nnaji, Peter Nwaoboshi, Rose Okoh, Kabiru Gaya,
Sunny Ogborji, Aliyu Sabi Abdullahi, Mohammed Ohiare, Isa Hamma Missau,
Emmanuel Paulker, Ibrahim Abdullahi, Obinna Ogba, Clifford Ordia, Foster
Ogola, Gershom Bassey and Olaka Nwogu.
Others were former governors of Sokoto and Ebonyi states, Aliyu Wamakko and Dr. Samuel Egwu.
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