Justice Danladi
Umar of the Code of Conduct Tribunal on Friday in Abuja ordered a bench warrant
against the Senate President, Dr. Bukola Saraki, for failing to appear and
answer charges over alleged false declaration of assets.
The judge
specifically ordered the Inspector-General of Police, Mr. Solomon Arase or
other security agencies to arrest Saraki and produce him in court on Monday to
take plea in the 13-count charge slammed on him by the Federal Government.
But Saraki’s lead
counsel and former President of the Nigerian Bar Association, Mr. Joseph Daudu,
has filed an appeal asking the court to set aside the ruling.
He said, “It is
trite that when an accused files an application challenging the jurisdiction of
a court/tribunal to adjudicate on the charge brought before it, the accused
need not be present in court.”
Daudu said the
trial judge erred in law and “acted without jurisdiction by countenancing and
assuming jurisdiction over the criminal trial/prosecution of the accused/appellant
at the Code of Conduct Tribunal for a charge, which is being challenged at the
FHC, Abuja in suit No: FHC/ABJ/CS/775/2015 between Dr. Olubukola Abubakar
Saraki vs Ministry of Justice and three others and in disobedience of the order
of the FHC, Abuja Division dated September 17, 2015.”
He sought an
order setting aside the ruling of the lower tribunal dated September 18, 2015.
The Federal
Government had, on September 11, filed a 13-count charge against Saraki before
the CCT and the case fixed for Friday (yesterday) for his arraignment.
According to the
suit filed at the CCT, allegations against Saraki include failure to declare
property on Plot 2A, Glover Road, Ikoyi, Lagos; failure to declare property on
No 1, Tagus Street, Maitama, Abuja (Plot 2482, Cadastral Zone A06, Abuja) and
failure to declare property No 3, Tagus Street, Maitama, Abuja (Plot 2481,
Cadastral Properties Limited).
Others are
claiming to own property on No 42, Gerard Road, Ikoyi and earning N110, 000,000
per annum at a time the property was under construction; failure to declare
N375m GTB loan converted to 1.5m Pound Sterling and used to purchase property
in London; operating a foreign bank account; transfer of $3.4m from GTB to
foreign bank account during his tenure as governor and failure to declare
leasehold interest in No. 42, Remi Fani-Kayode Street, Ikeja.
Saraki was also
alleged to have made anticipatory asset declaration of a house in Ikoyi in his
asset declaration form he submitted to the CCB in 2003.
But in an effort
to stop his arraignment, Saraki approached the Federal High Court in Abuja with
an ex-parte application seeking to restrain the Federal Government, Code of
Conduct Bureau and CCT from arraigning him.
In his ruling,
Justice Ahmed Mohammed had summoned the chairman of CCB, Mr. Sam Saba, and a
Deputy Director in the Federal Ministry of Justice, Muslim Hassan, to appear
before it on Monday to show cause why Saraki’s application should not be
granted.
When the matter
came up on Friday before the tribunal, the accused person was represented by
Daudu and Mahmud Magaji.
The prosecuting
counsel (Hassan) argued that the accused was not in court despite the fact that
he was served with the summons.
He however prayed
the tribunal to issue a bench warrant on Saraki for disobedience of court
orders.
Hassan said, “I
am surprised that the accused is not in court because he has been served with
the summons. They exhibited it in their process, yet he is not here. In the
circumstances, we humbly apply that a bench warrant be issued on the accused
for disobedience of court orders. This court is constitutionally empowered; we
apply that a bench warrant be issued, we can even give him two hours for us to
be able to process the bench warrant.”
But Magaji
opposed the application, stating that the charge and the prosecution lack
validity to come before the court on the ground that there is no incumbent
Attorney-General of the Federation and Minister of Justice.
He further argued
that there was a pending ruling of the Federal High Court which had summoned
chairmen of CCB, CCT and Hassan.
Magaji said, “My
Lord, the application before you should be expunged including the appearance.
That is, the appearance of the prosecutor should be expunged. The basis of our
application is simply that the person making the application doesn’t have the
locus standi to make the application.
“For him to be
able to appear as a prosecutor in this case, there must be an incumbent AGF.
This is in line with Section 24 (2) of the CCT Act which provides that the AGF
should authorise prosecution.”
In order to
assist in the interpretation of his argument, he cited paragraph 18 of the
Third Scheduled of the CCT Act which implies the prosecutor, meaning AGF or
anybody authorised by him.
“Where there is
no substantive AGF, there is no authorisation,” he said.
Magaji cited
Attorney-General of Kaduna State vs Hassan, a Supreme Court verdict in 1985
contained in the Nigerian Weekly Law Report, pg. 486.
He said, “The
Supreme Court said the power of Nolle Prosequi should only be executed by the
AGF. It means that his application is a nullity because you cannot put
something on nothing.
“The application
by the counsel purportedly representing the AGF is grossly misconceived in view
of the fact that my learned friend is aware of a pending suit in the FHC.
“With respect to
Section 122 of the Evidence Act in 2011, this tribunal is empowered to take
judicial notice of the ruling we are referring to in the circumstance.”
The tribunal
later stood down the matter and adjourned for about three hours.
Delivering his
ruling, Justice Umar held that the tribunal took notice of the fact that there
was no AGF at the moment and that the absence of the AGF did not stop the
filing of a criminal charge.
He said that in
the absence of the AGF, the Solicitor-General could institute such a charge.
The tribunal
knocked off the argument of the accused.
On the issue of a
pending ruling, the tribunal held that the FHC has the same jurisdiction with
it, and hence, it is not binding by its ruling.
Justice Umar held
that the tribunal would go ahead with the trial.
The judge also
said that it was clear that the accused person had been served with the
summons, as such was shown by the proof of service.
He said, “This
tribunal is established under Section 15(1) of the 5th Schedule of the 1999
Constitution as a special vehicle vested with the powers to promote probity and
accountability in the public service.
“The accused is
expected to respect the summon of this court and respect the constitution which
he has sworn to protect as a senior citizen of this country.
“I hereby order a
bench warrant to be issued on the defendant. The IGP and other relevant
security agencies are to produce him in court on the next adjourned date.
No court of
co-ordinate jurisdiction can halt the proceedings of this tribunal. This
tribunal called on the Senate President to come and stand his trial.”
The tribunal
later adjourned till Monday for arraignment.
The Force Public
Relations Officer, Olabisi Kolawole, said the police had not been served with
the order for the senate president’s arrest.
“The
Inspector-General of Police has not been served with the order. When we get the
order, we will know the next step to take,” Kolawole said.
But Saraki has
said the order for his arrest by the CCT is nothing but a desperate bid by his
opponents to settle political scores.
Saraki was
reacting to Friday’s order for his arrest by the CCB.
He said while he
is prepared to submit himself to the judicial process, he would not hesitate to
go through the same process to protect himself when there are infringements on
his rights.
The President of
the Senate said this in his first official reaction to the order.
His reaction was
contained in a statement signed by his Special Adviser (Media), Yusuf
Olaniyonu, in Abuja, on Friday.
In a veiled
reference to his unnamed political rivals, the Saraki team said, “We want to
emphasise the fact that this is not part of any war against corruption but
using state institutions to fight political opponents and seeking to achieve
through the back door what some people cannot get through democratic process.”
The statement
partly read, “We need to caution here that in a desperate bid to settle
political scores and nail imaginary enemies, we should not destroy our
democratic institutions and heat the polity for selfish reasons. Let us all
learn from history.”
According to the
statement, it was a surprise that despite the application by the lead counsel
to the Senate President undertaking to produce Saraki on Monday, and Saraki’s
standing in the nation, the Tribunal insisted on issuing a warrant of arrest as
if its intention is simply to embarrass Saraki.
The statement
also said the Saraki team is not unmindful of the fact that the tribunal “is
acting under political influence and external pressure” which it said is
dangerous to our democracy.
It equally said
the conduct of the tribunal on Friday left nobody in doubt that it cannot do
justice on the matter before it.
“It is also clear
that today’s decision is an abuse of the rule of law which portends danger to
our judicial system. The tribunal has equally set a bad precedent in the way
and manner it conducted itself during the proceedings,” it added.
The statement
which described the Senate President as a law abiding citizen, said his absence
from the tribunal was based on the legal advice he received from his counsel
that the tribunal would respect the decision of the Federal High Court which is
obviously a superior court of records.
It also said
Saraki relied on a letter from the Chief Justice of Nigeria directed to the
Chairman of the tribunal last May that they are not judicial officers and
inferior to the regular High Court as defined by the law and that they took
official oath not judicial oath.
One of our
correspondents, who visited Saraki’s residence at Yesderam Street, Maitama, the
Federal Capital territory, learnt that the senate president was in a meeting
with his supporters and aides.
A security
officer at the gate said Saraki had been holding meetings throughout the day.
“The senate
president has been holding meetings since morning and he is in a serious
meeting now, so he cannot receive any visitor,” the officer said.
The swanky
residence was manned by a combined team of policemen and plains clothes
personnel suspected to be personnel of the Department of State Services.
The officers, who
were quite civil, stood at the gate while a few others were seen inside the compound.
A row of vehicles
and police power bikes were parked in a line inside the premises.
