By Henry Umoru & Ikechukwu Nnochiri
ABUJA — The Court of Appeal and the Federal High Court, both sitting in
Abuja, yesterday, refused to shield the Senate President, Dr Bukola
Saraki from being arraigned at the Code of Conduct Tribunal, CCT, on a
13-count criminal charge bordering on false declaration of assets
preferred against him. The Senate President had approached both courts
to provide him shelter and save him from being docked.
Also, in a ruling, yesterday, the three-man panel of Justices of the
appellate court, equally refused to stop the Inspector General of
Police, IGP, Mr. Solomon Arase, from executing the warrant of arrest
that was issued against Saraki, by the CCT.
Saraki
Saraki had through his team of lawyers led by Mr. J. B. Daudu, SAN, filed an
ex-parte
motion for an injunction, shortly after the Justice Danladi Umar-led
panel of the CCT, yesterday, insisted that he must be arrested and
produced in court today for arraignment.
He specifically begged the appellate court to not only set aside the
warrant of arrest against him, but to also suspend the proceedings of
the tribunal pending the hearing and determination of the substantive
appeal he lodged against the Justice Umar-led panel.
“We are humbly asking for stay of execution of the ruling and order
of the Code of Conduct Tribunal for a bench warrant to be issued against
the applicant. We also apply for stay of proceeding of the tribunal’s
order pending hearing and determination of our motion on notice pending
before this court”, Saraki’s lawyer, Mr. Adebayo Adelodun, SAN, pleaded
with the appellate court.
He stressed that the Senate President had raised 12 grounds of appeal
against the decision of the tribunal, last Friday, saying the appeal
was supported by a 16-paragraph affidavit and four exhibits. Besides,
Saraki equally deposed to another 17-paragraph affidavit of urgency,
wherein he urged the higher court to intervene and protect him from what
he described as “a politically motivated witch-hunt”.
However, instead of acceding to his prayers, the appellate court
panel headed by Justice Moore Adumein directed the applicant to go and
put all the parties to the matter on notice.
“We have read all the processes before this court and considered
submissions by counsel to the applicant. Even though pursuant to
section 15 of the Court of Appeal Act, 2004, this court has general
power to grant or make an interim order of injunction.
“Ordinarily, this court does not grant
ex-parte motions. We
are, therefore, of the view that the respondents shall be put on notice.
Consequently, the applicant’s motion ex-parte is refused and struck
out”, the appellate court held.
It directed Saraki to go and serve all the parties to the suit with
the relevant processes to enable them appear on September 29, the day
the case was, yesterday, adjourned to.
Other members of the appeal court panel that gave the ruling were Justices Joseph Ekanem and Mustapha Mohammed.
Federal High Court to hear suit Sept 30
Meantime, Justice Ahmed Mohammed of the Federal High Court in Abuja,
yesterday, fixed September 30 to commence hearing on the fundamental
rights enforcement suit that Saraki filed against the Federal
Government.
Justice Mohammed adjourned the matter for hearing on a day all the
defendants, including the Federal Ministry of Justice, chairmen of the
CCT and Code of Conduct Bureau, CCB, as well as a deputy director in the
office of the Attorney General of the Federation, Mr. M.S. Hassan, who
signed the charge against Saraki, adduced reasons the Senate President
should be compelled to face trial.
The defendants, through their lawyer Mr. Taiwo Abidogun, said their
appearance before the Federal High Court, yesterday, was as a result of
the summons that Justice Mohammed issued to them, last Thursday, which
directed them to appear and show cause why Saraki should be prosecuted
before the CCT.
Aside filing their memorandum of conditional appearance, the
defendants, filed a counter-affidavit to the suit seeking to stop
Saraki’s trial, as well as a preliminary objection challenging the
jurisdiction of the Federal High Court to meddle in the affairs of the
tribunal.
It was their argument that Justice Mohammed lacked the competent
jurisdiction to in any way, obstruct proceedings before the CCT. They
contended that both the FHC and the CCT have coordinate jurisdiction,
stressing that the high court has no supervisory power over the
tribunal.
Before okaying full-blown hearing on the matter, Justice Mohammed, in
a ruling, noted that Saraki’s suit was ripe for hearing since all the
parties have successfully joined issues.
“This court is of the view that considering the constitutional and
radical nature of this matter, time should not be dissipated on the
consideration of interlocutory matters”, Justice Mohammed ruled.
CCT reactivates bench warrant against Saraki
Meanwhile, the CCT, yesterday, re-activated the bench warrant it
issued against Saraki last Friday. The tribunal, in a fresh ruling,
maintained that the IGP, Mr. Solomon Arase, must arrest and produce the
Senate President before it today.
The Justice Umar-led panel stressed that Saraki had no cogent reason
for absenting himself from court yesterday despite an undertaking by his
lead counsel that he would be available for trial.
Besides, the tribunal said there was nothing prohibiting it from
applying the newly enacted Administration of Criminal Justice Act, ACJA,
2015, in the trial of the Senate President.
It noted that contrary to the position of Saraki’s lawyers, Justice
Mohammed of the FHC did not request the tribunal to suspend its sittings
on the basis of the suit pending before him.
Therefore, the tribunal, yesterday, relied on the provisions of
Sections 305 and 306 of the ACJA, 2015, and declined Saraki’s plea for
his arraignment to be deferred until his substantive suit before the
court of appeal is determined.
“The application to stay this proceeding is hereby refused.
Accordingly, the Inspector-General of Police as we earlier ordered on
Friday is still being ordered to arrest and produce the defendant by
10am tomorrow (today) to answer the charge against him”, the tribunal
ruled.
Saraki challenges CCT’s composition
Earlier, Saraki had through his lawyer, Daudu, SAN, challenged the
composition of the CCT panel, which he insisted was not properly
constituted. He contended that going by the provision of paragraph 15 of
the Third Schedule to the CCB and Tribunal Act, the tribunal ought to
have been made up of three justices.
He pointed out that presently, there are only two men on the
tribunal’s panel. “We will not be party to illegality, this proceeding
is a nullity”, Daudu, SAN, submitted.
Saraki’s argument was however punctured by the new prosecuting
counsel in the matter, Mr. Rotimi Jacobs, SAN, who argued that under
section 28 of the Interpretation Act, once the Chairman of the tribunal
and one member are present, the panel is deemed to have been legally
constituted, a quorum having been formed.
More so, Jacobs insisted that under Section 396 of the ACJA, Saraki
must appear before the tribunal to enter his plea to the charge against
him, before raising objections against the propriety or otherwise of the
criminal proceeding against him.
While waving aside Saraki’s argument as an attempt to rely on
technicalities to defeat the essence of justice, the tribunal chairman,
said the panel was properly constituted.
“We are all ministers in the temple of justice. We must speak the
truth at all times and never hide under technicalities to derail the
course of justice. With a chairman and a member, this panel is properly
constituted”, Justice Umar held.
I will be at the Tribunal today— Saraki
However, Dr Saraki said, yesterday, that he would appear at the CCT today to answer to issues raised by the CCB.
Answering questions from journalists in Abuja, Senate President
Saraki, who noted that he was prepared to submit himself to due process
of the law on any issue concerning him said that he also believes that
he has an inalienable right to resort to the same judiciary for
protection when he feels his fundamental rights are about to be
infringed upon.
I have nothing to hide
Asked if he would appear at the CCT, Senator Saraki said: “Well, with
the ruling of the Appeal Court, I think based on legal advice we have
exercised our right and being a law abiding citizen, the directive of
the CCB is saying that one should be there tomorrow. I will be there. I
have nothing to hide. One was exercising his own right both at the
Federal High Court and the Court of Appeal. So we will be there.”
Most important is that I believe in the process and I will be there before the tribunal.”
According to him, following the adjournment for the determination of
the motion on notice and the substantive suit before the Federal High
Court to September 30 and the appeal pending before the Court of Appeal
adjourned to September 29, the Senate President has decided, as a law
abiding citizen, to appear before the Tribunal in the interim.
Disclosing that his absence from tribunal was based on the legal
advice he received from his counsel that it was not necessary for him to
appear before the tribunal at that stage since the jurisdiction of the
tribunal and the process of initiating the matter were being challenged
before the federal High Court Abuja.
Also yesterday, a statement by his Special Adviser, Media and
Publicity, Yusuph Olaniyonu, said, “Dr. Saraki has taken the decision to
attend the Tribunal sitting to demonstrate his respect for the rule of
law in spite of his personal reservation on the process of his trial and
the purpose it may be intended to serve. Dr. Saraki wishes to assure
Nigerians of his absolute belief in the judicial process and is
therefore confident that the course of justice would be served at the
end of this matter.’’
Senate President Bukola Saraki is presently facing trial at the Code
of Conduct Tribunal, CCT following a 13- count charge levelled against
him by the CCB, bordering on alleged corruption and false declaration
of assets in 2003.
Senators rally round Saraki
Notable senators, who were with the Senate President yesterday were
Deputy Senate President, Ike Ekweremadu; Deputy Senate Leader, Ibn
Na’Allah; Hope Uzodinma (PDP, Imo West); Mao Ohuabunwa (PDP, Abia
North); and Mohammed Ohiare (APC, Kogi Central).
Others were Senators Theodore Orji (PDP, Abia Central); Abdulraman
Abubakar (APC, Kogi East); Binta Garba (APC, Adamawa North); Olaka Nwogu
(PDP, Rivers South East); Sunny Ugboji (PDP, Ebonyi South) and Kabiru
Gaya (APC, Kano South) among others.
Meanwhile, there are allegations that as part of moves to perfect the
removal of Senate President Saraki, some senators had been reached with
heavy sums of money in dollars. Two senators, one from the South-West
and the other from the North-West are said to be the arrow heads.
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