• Lawan group to Saraki: Step aside now
• I’m disappointed – Saraki
The Code of Conduct Tribunal (CCT) yesterday got the green light from the Supreme Court to proceed with the 13-count false asset declaration charge brought against Senate President Bukola Saraki by the Code of Conduct Bureau (CCB).
The apex court, in a unanimous verdict of a seven-man bench led by the Chief Justice of Nigeria (CJN), Justice Mahmud Mohammed, dismissed Saraki’s appeal to stop the trial and asked him to submit himself for prosecutional.
It said the appeal lacked merit.
Moment after the ruling yesterday,the Senate President expressed disappointment at the pronouncement of the Supreme Court, but was optimistic that he would triumph ultimately.
Saraki had challenged among others, the composition of the CCT, its jurisdiction and the legality of the charge brough against him, on the ground that it was not personally endorsed by the Attorney General of the Federation (AGF).
His legal team comprised seven Senior Advocates and a Professor of Law, among others. The Senior Advocates are: Joseph Daudu, Yusuf Ali, Ahmed Raji, Adebayo Adelodun, Saka Issau, Mahmud Magaji and Kehinde Eleja. The law professor is Wahab Egbewole.
In the lead judgment, Justice Wallter Onnoghen, upheld the argument by the respondents’ lawyer, Rotimi Jacobs (SAN), to the effect that the tribunal forms a quorum and could validly conduct proceedings where the Chairman and one of the constitutionally prescribed two members are present.
Justice Onoghen was of the view that, where one of the two members is absent, the Chairman and a member, as was the case during Saraki’s arraignment, could validly conduct proceedings.
Saraki had, in his appeal, argued that the tribunal’s two members must sit with the Chairman (making three members) before the tribunal could validly conduct proceedings.
Justice Onoghen also held that the tribunal was by the provisions of its enabling laws and the Constitution conferred with the quasi-criminal jurisdiction and thus could validly issue bench warrant.
As against Saraki’s contention, Justice Onoghen held that the Administration of Criminal Justice Act (ACJA) 2015 was applicable to the proceedings of the tribunal.
He dismissed the allegation by Saraki that he was not properly served with the charges and also held that the charges filed before the CCT prior to the appointment of the Attorney-General of the Federation were valid.
Justice Onoghen noted that there was an attempt by Saraki to intimidate the CCT by claiming that it disobeyed the order of a Federal High Court barring it from continuing with the proceedings pending the determination of a suit filed by the Senate President to challenge the trial.
“I have looked at the records, there is no where such order was made,” Justice Onoghen said.
The CJN, Justices Tanko Muhammad, Sylvester Ngwuta, Kudirat Kekere-Ekun, Chima Nweze and Amiru Sanusi, who are members of the panel, agreed with the lead judgment.
Justice Onoghen said: “The lower court (Court of Appeal), in considering the issue, had come to the conclusion that the Code of Conduct Tribunal is a tribunal with limited criminal jurisdiction. However, looking closely at the provisions of the 5th Schedule to the 1999 Constitution (as amended) and Code of Conduct Bureau and Tribunal Act, earlier referred to in this judgment, it is safer to hold that the said tribunal has a quasi-criminal jurisdiction designed by the 1999 Constitution.
“It is a peculiar tribunal crafted by the Constitution. In this circumstance, I hold the view that, as a tribunal with quasi-criminal jurisdiction, with authority to be guided by the Criminal Procedure Act or Code in the conduct of its proceedings, it can legally issue bench warrant for the purpose of carrying out its quasi-criminal jurisdiction.
“I should not be understood as saying that the Code of Conduct Tribunal is a court of superior record or jurisdiction with relevant inherent powers and sanctions, but that, as a quasi-criminal tribunal/court, it has the necessary powers to put into effect, its mandate of ensuring accountability, probity, transparency, etc in public office,” Justice Onoghen held.
In resolving the issue as to whether or not a low ranking officer, filing a charge in the absence of a substantive AGF must prove authorization , the justice held that the power to initiate criminal proceedings by any officer of the department of the AGF, is not dependent on the office of the AGF having an incumbent.
He held that since the position of the law is that the Solicitor General of the Federation (SGF) could act in the absence of a substantive AGF, a law officer in the Federal Ministry of Justice – M.S. Hassan (then, a Deputy Director in the Federal Ministry of Justice and now, a judge of the Federal High Court), who initiated the proceedings was in order as there was no dispute as regards whether or not he was authorized by the SGF.
As regards Saraki’s complaint that the tribunal disregarded a Federal High Court’s order staying its proceedings, Justice Onoghen held: “ In any case, there is no order of the Federal High Court staying proceedings of the tribunal which was disobeyed by the tribunal.
“I hold the view that the instant issue is an attempt at intimidating the Code of Conduct Tribunal, which is very unfortunate. In the circumstance, I find this issue, like the others already considered, of no merit and is accordingly resolved against the appellant.
“Having resolved issues 1 to 5 against the appellant, I see no need to consider issue 6 because such a consideration will serve no useful purpose. In fact, issue 6 has already been resolved in substance against the appellant during my consideration of issue 2.
“In conclusion, I find no merit in the appeal, which is accordingly dismissed. The judgment of the lower court, delivered on the 30th day of October 2015 dismissing the appeal of the appellant against the ruling of the Code of Conduct Tribunal of 18th September 2015 is hereby affirmed,” Justice Onoghen said.
The huge audience in court, comprising mostly Saraki’s supporters and associates, suddenly went silent on hearing the court’s final pronouncement. They later departed the court in trickles, with some expressing loudly, their disappointment.
Saraki, in his reaction to the judgment, said he was disappointed by the court’s decision.
His spokesperson, Yusuf Olaniyonu, in a statement in Abuja shortly after the verdict was delivered said:
“After listening to the ruling of the Supreme Court in the appeal he filed to challenge the process of arraigning him before the Code of Conduct Tribunal, Senate President, Dr. Abubakar Bukola Saraki, hereby states as follows :
“He expresses disappointment over the judgment of the apex court in the country on the six grounds of his appeal
“He, however, will like to put it on record that the facts of the substantial matter are not before the Supreme Court since the apex court was only invited to rule on some preliminary issues in the process of commencing the trial.
“The Senate President believes he will have his day in the court to prove his innocence of the charges preferred against him during the trial proper.
“Dr. Saraki will like to thank everyone who has expressed support for him from the beginning of the case.”
Meanwhile, the anti-Saraki senators, under the aegis of the Senate Unity Forum, on Friday asked Dr. Bukola Saraki to step aside as Senate President.
The group, following Friday’s Supreme Court judgement on the trial of the Senate President at the Code of Conduct Tribunal, said that Saraki must resign as the leader of the upper chamber.
The SUF, which supported Senator Ahmed Lawan, during the Senate presidential election in June last year, said a person answering criminal charges could not lead the Senate.
The anti-Saraki senators demanded the immediate resignation of Senate President so that he could concentrate on his trial at the CCT.
Reacting to the judgement, the anti-Saraki senators under the aegis of the SUF, said Saraki must relinquish the senate presidency so that he could concentrate on his trial at the CCT.
The All Progressives Congress leaders had in June 2015 supported Lawan for the Senate Presidency, but Saraki, with the support of some APC senators and all their colleagues in the Peoples Democratic Party emerged as the Senate President.
The crisis that followed the election of Saraki and his deputy, Senator Ike Ekweremadu, had initially stalled the emergence of other leaders of the Senate.
The crisis seemed to be over following the composition of the senate committees and the appointment of members of the Lawan group to head some of them.
But the spokesperson for the SUF, Senator Kabir Marafa, in an interview with one of our correspondents in Abuja, said that Saraki must step aside as the Senate President.
He explained that Saraki was free to return as a presiding officer after his case at the CCT.
He noted that the image of the Senate and the entire senators of the Federal Republic of Nigeria would continue to be battered in the public view if Saraki continues to preside over the affairs of the red chamber while answering criminal charges at the courts.
Marafa said, “We really pity Senator Bukola Saraki, but I think this issue has dragged for too long. We have indulged him thus far because we believe that he is presumed innocent until otherwise decided by a competent court of law.
“Now that the Supreme Court has decided that he has a case to answer, I think that the best thing for Senator Saraki is to resign in order to have enough time and full concentration to face his trial.
“He could, however, return and contest as a presiding officer in the chamber after his trial if he is declared innocent by the court but at the moment, the leadership of the Senate should call him to order and ask him to step aside.
“At the moment, the image of the Senate is not worth anything in the eyes of Nigerians because of the attitude of its president, who ordinarily should have resigned in a sane clime.
“However, if the senate president refused to resign and neither the leadership nor the entire senate mount any pressure on him to do so, then we would call on Nigerians to recall all their representatives in the senate because we have failed in our responsibilities.
“We have tried enough for him. We can no longer wait and watch someone who is answering criminal charges in court to come out of the dock always to preside over the affairs of the senate.”
Saraki has no reason to resign – Anyanwu
Attempts to speak with members of the Like Minds Senators on the issue failed on Friday. The group consists of Saraki’s supporters.
However, the Chairman, Senate Committee on Ethics, Privileges and Public Petitions, Senator Samuel Anyanwu, said that calls for Saraki’s resignation, at this stage, were uncalled for.
Anyanwu, a member of the opposition Peoples Democratic Party, also told one of our correspondents that the issue of factions among members of the senate, ended when over 80 senators across the two main political parties in the red chamber passed a vote of confidence in the senate president.
He argued that majority of the senators are solidly behind the senate president and that his current trial, rather than affecting negatively the image of the Senate, had instead, boosted it.
