THE Senate President, Bukola Saraki, on
Tuesday entered the dock at the Code of
Conduct Tribunal in Abuja where he was
arraigned for false assets declaration charges.
Saraki arrived at the tribunal at 9.20am in
company with 50 senators, beating by 40
minutes the 10am deadline the judge had set
for the Inspector General of Police to provide
the Senate president.
He pleaded not guilty to all the 13 charges
slammed on him by the Code of Conduct
Bureau and his trial has been scheduled to
hold on October 21, 22 and 23.
Saraki appeared at the tribunal after the
courts had refused his request that the
proceedings at the CCT be stopped.
From the dock on Tuesday, the Senate
president said he was hearing about the
charges against him for the first time, saying
he ought to have been invited and briefed by
the CCB as the Senate president.
He said, “I am the Senate President and I have
respect for the rule of law. Mr. Chairman, I
observed that they have made reference to the
good work the Senate has done in the
administration of criminal justice. If there is
an allegation of false declaration of assets,
the Code of Conduct Bureau shall refer the
person involved to the tribunal after giving the
person an opportunity to explain if the facts
are true. But in this case, I was not given the
opportunity.
“I thought the CCB should have called me and
given me the right to fair hearing. I am
hearing about the charges for the first time.
We are all here and the whole world is
watching when we said we are in new Nigeria.
I want to state here that I am not guilty.”
Saraki’s lawyer, Joseph Daudu, SAN,
challenged the jurisdiction of the tribunal,
saying the CCT was not a court of criminal
jurisdiction and as such, the administration of
criminal court did not apply.
Citing Section 693, paragraph 18 (1) of the
Constitution, Daudu reminded the tribunal of
the ruling of a High Court in a case involving
a former governor of Plateau State, Joshua
Dariye, which held that the CCT did not have
jurisdiction over criminal cases and submitted
that the tribunal lacked the jurisdiction to try
the accused under criminal act where he
would be required to be docked.
But the prosecution counsel, Rotimi Jacobs,
also a Senior Advocate of Nigeria, opposed
the application, saying the tribunal had ruled
on jurisdiction last Friday. Jacobs submitted
further that Section 2 (1) of the
Administration of Justice Act gives the
tribunal powers to handle the criminal charges
against Saraki.
After listening to the arguments of both
parties, Justice Danladi Umar held that the
tribunal had the jurisdiction to compel the
Senate President to not only appear in person
but to also be moved to the dock.
He said, “It is in the view of the tribunal that
the trial before it is criminal in nature and it
has jurisdiction over criminal matters, the
defendant should therefore proceed to the
dock.”
While proceedings to the dock, Saraki
expressed shock that the tribunal had chosen
to be ignorant of the stipulations under which
the defendant could be brought to court.
He was however granted bail in self
recognition and the warrant the tribunal had
issued for his arrest was quashed.
As a governor of his home Kwara State
between 2003 and 2011, Saraki was alleged to
have make false declaration of his assets,
including an alleged anticipatory declaration
of asset yet to be acquired.
He is also being accused of owing an
American Express credit card account during
his tenure as governor. Public officials are
forbidden from operating foreign accounts
while in office.
But Saraki had earlier shunned the CCT and
asked a Federal High Court in Abuja to stop
the tribunal’s proceedings against him.
However when he failed to appear before it
last Friday, the tribunal chairman had issued
a warrant, compelling the IG to arrest the
Senate President.
The warrant had spurred Saraki to run to the
Appeal Court, asking it to quash the warrant
and to stop the procceding of the tribunal.
The two courts on Monday refused his
requests.
“To appear before the tribunal is not a death
sentence,” Justice Morri Adumein of the Court
of Appeal had told Saraki.
The senators that followed Saraki to the
tribunal on Tuesday included his deputy, Ike
Ekweremadu; Shaaba Lafiaji, Theodore Orji,
Mao Ohuabunwa, Samuel Egwu, Ben Murray-
Bruce, Aliyu Wamakko, Gilbert Nnaji, Kabiru
Gaya, Alasoadura, Samuel Anyawu and Foster
Ogola.
Others were Sunny Ogborji, Aliyu Sabi
Abdullahi, Isa Hamma Missau, Emmanuel
Paulker, Obinna Ogba, Kaura Tijani, Clifford
Ordia, Ibrahim Abdullahi, Peter Nwaoboshi,
Rose Okoh, Mohammed Ohiare, Gershom
Bassey, Olaka Nwogu and Lanre Tejuosho.
Meanwhile, some senators on Tuesday
expressed confidence that Nigeria and its
democracy would be the ultimate beneficiaries
at the end of the trial of the Senate President.
The spokesman for the Senators, Ibrahim
Danbaba, said this while reacting on behalf of
his colleagues to the arraignment of Saraki at
the CCT.
Dambaba said, “We also want to state here,
on behalf of our colleagues, that the Senate
remains solidly behind Senator Saraki and we
express our unalloyed support for his
leadership.
“We reiterate the fact that he is our choice for
the post of Senate President and no politically
motivated, mischievous and vindictive trial will
change our opinion of him.”
In a statement after the tribunal proceedings,
Saraki said he was being tried because he was
the Senate president and that his trial
indicated flagrant disregard of due process.
The statement by his spokesman, Yusuph
Olaniyonu, read in part, “Today, I appeared
before the Code of Conduct Tribunal for the
commencement of my trial in a case
concerning the asset declaration form I filled
in 2003 after I have explored the opportunity
to defend my fundamental human rights in
other courts.
My appearance in court today once again
demonstrates my belief in the rule of law and
respect for the judiciary of our country.
As I stated while taking the plea in the case, I
reiterate my belief that the only reason while I
am going through this trial is because I am
Senate President. If I were to be just a
Senator, I doubt if anybody will be interested
in the asset declaration form I filled over 12
years ago.
“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.”
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