Saraki to Appear at Tribunal Tuesday as Judge Insists on Trial

Bukola Saraki 

•  Appeal court, FHC adjourn cases challenging arraignment
•  Several senators to accompany Senate president to tribunal

Iyobosa Uwugiaren, Tobi Soniyi, Omololu Ogunmade, Onyebuchi Ezigbo and Senator Iroegbu in Abuja 

  

Following the Code of Conduct Tribunal’s (CCT) reissuance of a bench warrant for the arrest of the Senate President, Dr. Bukola Saraki and the refusal by the Court of Appeal to stay execution on his trial, Saraki monday said that he would appear before the tribunal tuesday.

The embattled former Governor of Kwara State, who is facing a 13-count charge slammed on him by the federal government over alleged false asset declaration, had refused to appear before the tribunal last week and yesterday, arguing that it lacked jurisdiction to entertain the case.

But sitting in Abuja monday the tribunal’s Chairman, Justice Danladi Umar said that it had jurisdiction over the case and reissued a bench warrant ordering the Inspector General of Police (IG) to bring Saraki before the tribunal at 10 am today to take his plea.
In a statement by his media aide Yusuph Olaniyonu, Saraki said he would appear before the tribunal, maintaining that he was ready to submit himself to due process of the law on any issue concerning him.

The statement added: “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.”

The Senate president, Olaniyonu added “is a law abiding citizen”, explaining that his absence from tribunal yesterday was based on the legal advice he received from his counsel that it was not necessary for him to appear at this stage since the jurisdiction of the tribunal and the process of initiating the matter was being challenged before the Federal High Court, Abuja.

“Following the adjournment for the determination of the motion on notice and the substantive suit before the Federal High Court to 30th of September and the appeal pending before the Court of Appeal adjourned to the 29th of September 2015, the Senate president has decided, as a law abiding citizen, to appear before the tribunal in the interim.

“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.”

Saraki, in the statement, assured Nigerians of his absolute belief in the judicial process and expressed confidence that the course of justice would be served.

Prior to Saraki’s decision to appear before the tribunal,

the Court of Appeal Court sitting in Abuja, monday turned down the ex parte application filed by Saraki to set aside the bench warrant and order for his arrest issued by the CCT.

Saraki had through his Counsel, Adebayo Adelodun (SAN) prayed the appellate court for an order to stay the execution of the ruling of the tribunal delivered last Friday.

The Senate president also wanted an order of stay on the charges preferred against him by the tribunal, pending the hearing and determination of the motion on notice filed yesterday and still pending before the Court of Appeal.

The appeal, according to Saraki's counsel, was hinged on 12 grounds and backed by a 16-paragraph affidavit, four exhibits and a 17-paragraph affidavit of urgency, urging the court to grant all his prayers in the ex parte application.

However, the three-member panel of the appellate court presided over by Justice Moore Adumein held in its ruling that even though the court has the general power to make an interim order or grant any injunction, for the court to exercise such power, the application for interim order shall be by motion on notice.

Justice Adumein who delivered the ruling on the application, argued by Adelodun, held: “We have read the motion ex parte together with the supporting affidavits and exhibits.

“We have also averted our minds to the oral arguments by counsel to the applicant. By Section 15 of the Court of Appeal Act 2004, as amended, the court has the general powers to grant interim injunctions.

“However, by Order 7 Rule 1 of the Court of Appeal, for us to exercise our general powers the application shall be by way on notice. That is why we don’t engage in ex parte applications.”

According to Justice Adumein, “It will be better to serve the interest of justice to put the respondents on notice. The application is hereby refused and struck out.

“The motion on notice is adjourned to Tuesday next week for proof of service and hearing. The end of the matter is that this application is hereby refused.

“It is not in the habit of this court to interfere in the proceedings of a lower court when the other parties have not been heard. It is not a death sentence to appear before the Code of Conduct Tribunal.”

Earlier, at the resumed hearing of Saraki’s matter at the CCT, the chairman, Justice Umar, insisted that the tribunal has the jurisdiction to hear and determine the false asset declaration case instituted against the Senate president, despite the ruling of the Federal High Court.

He also acknowledged the request for a stay of execution at the Court of Appeal, which was later rejected.

Holding this view, Justice Umar reissued a bench warrant of arrest for Saraki, who failed to appear before the tribunal yesterday to take his plea and insisted that he must appear or be brought by the IG before the tribunal this morning to answer to the 13-count charge slammed against him by the federal government.

Justice Umar said the tribunal took notice of the fact that the case had been ruled upon by the Federal High Court in Abuja to show cause why it should not be restrained from arraigning Saraki over allegations bordering on false and improper declaration of assets said to have been acquired during his tenure as Governor of Kwara State between 2003 and 2011.

The tribunal chairman also took notice of the fact that the Appeal Court had entered into its registry the request by the defendants for a state of proceedings.

He argued, however, that in the two instances no ruling or decision had been taken baring it from jurisdiction or going ahead with proceedings and adjudication of the case before it.

Despite the appeals to the contrary by the lead counsel to the Senate president, Joseph Daudu (SAN), the tribunal agreed with the prosecuting counsel that Saraki must appear in person at the Tribunal today unfailingly.

Also, Justice Ahmed Ramat Mohammed of a Federal High Court, Abuja has slated September 30 to hear the preliminary objections along with the substantive matter of the ex parte motion, which Saraki brought before the court.

The court last Thursday summoned the chairmen of the Code of Conduct Bureau (CCB) and tribunal to appear before it yesterday to show cause why it should not grant an order restraining them from proceeding the case against Saraki.

Saraki, who approached the court seeking an ex parte motion, wanted the Federal Ministry of Justice, CCB, CCT and Mr. Musiliu S. Hassan stopped from taking any further step to arraign or prefer any charge against him, pending the hearing and determination of the substantive suit he filed before the court.

The Senate president had asked the court to declare that the Ministry of Justice had not complied with the provision of the 3rd Schedule of Section 24(1) of the Code of Conduct Bureau and Tribunal Act before preferring a charge against him.

Meanwhile, several senators have vowed to accompany Saraki to the tribunal this morning in Abuja, a senator told THISDAY last night.
The senator from the South-south geopolitical zone also confirmed that the Senate president would be at the tribunal today.

Asked whether the Senate was planning a coordinated response to the Senate president’s predicament at the CCT, the senator said: “As a responsible institution, the Senate is handicapped for now because the matter is currently before a competent court of law. You do not expect us to issue any statement for now. But we will meet and decide on what to do next.

“However many senators will tomorrow (today) accompany the Senate president to the tribunal, in solidarity with him. Many of us believe Dr. Bukola Saraki is being persecuted by President Muhammadu Buhari and his friends within the All Progressive Congress (APC) over his political position.”

The senator blamed the “incompetence of the APC in managing its internal affairs” for Saraki’s current plight and warned that “the matter may boomerang at the end of the day”.

THISDAY gathered that most of the senators started arriving Abuja last night when they learnt that the Court of Appeal had refused to stop the trial of their colleague.

“Most of us have started arriving. We will be meeting this night (Monday night), review the whole issue and decide on what to do next,” he added.

But as the legal fireworks gathered pace on alleged false asset declaration, there were indications yesterday that the leadership of the All Progressives Congress (APC) may have decided to send a delegation to President Muhammadu Buhari on the issue.

Although the party had shelved a planned emergency meeting of its National Working Committee (NWC) at the weekend due to the envisaged bad blood any discussion on Saraki might generate among members, THISDAY learnt from a reliable source that the party has thought it wise to approach the president.

According to the source, the party leadership feels there is a need to consult with the president so that both sides will agree on a common response to the issue as it unfolds.

“The party leadership does not want to be drawn into the controversy over Saraki's trial for obvious reasons. However, you cannot rule out the fact that the Senate president is our party member and that anything that affects him, also affects the party in some way. Therefore it may be right to reach a conclusion that the party will approach the presidency on the matter,” he said.

At the party’s national secretariat in Abuja yesterday there was palpable tension as several staff conversed in groups on the arraignment of the Senate president and what this could portend for the APC.

Source Thisday