Senate President not likely in court for arraignment

Date: 2015-09-18

Senate President Bukola Saraki's arraignment will go on today before the Code of Conduct Tribunal (CCT), in spite of the absence of a sitting Attorney General of the Federation and Minister of justice, it was learnt yesterday.

But Saraki must be at the court, having been advised that his presence will not be necessary at the first mention of his alleged false declaration of assets matter.

The Federal Ministry of Justice has filled a 13-count charge against Saraki. The allegations are under Section 2 of the Code of Conduct Bureau and Tribunal Act. The offences are purnishable under paragraph nine of the fifth schedule of the Constitution.

A senior official of the CCT told The Nation correspondent that the trial would go on today "because Saraki has already been summoned by the Bureau". He said the Act of the Tribunal empowered it to "cause to summon" any alleged offender.

The official said the CCT was ready to arraign Saraki today. He said the trial would begin by 10 am at the tribunal's office in Jabi, Abuja.

He noted that "the tribunal has taken judicial notice of the issue of the absence of a substantive Attorney- General for the Federation" as it has to do with the case. He added that the issue of the absence of a substantive Attorney-General "is mute" and "arguable."

The official said the trial judge reserves the right to make a ruling on whether or not the prosecution could go on and be valid without a substantive Attorney General. He noted that the issue could go up to the Supreme Court for determination, saying "it is a new case which judges will be interested to hear".

He said: "The issue is a very contentious one because this will be the first time a case of this nature will be prosecuted without an Attorney General on seat to give directive for prosecution. But it offers a good opportunity to test the case. It can go as far as the Supreme Court to get the law tested.

"The law allows that the Attorney General could delegate responsibility on prosecution. There is always somebody who sits in the absence of the Attorney-General of the Federation."

There were indications yesterday that Saraki may not be at the CCT. There were fears that the prosecution might ask the tribunal to remand Saraki in prison custody pending application for bail.

It was gathered that Saraki's loyalists were suspicious that some forces had been pushing for "Sule Lamido's treatment" for Saraki.

It was learnt that Saraki has secured legal advice indicating that it was not compulsory for him to appear. In deference to the tribunal, Saraki may send a representative to the court when the case comes up for mention.

A source said: "The Senate President will not personally attend the first day of his trial for strategic reasons. The legal advice made available to him showed that it is a civil matter (not a criminal case), hence his appearance is not compulsory.

"Like the Senate President said on Wednesday, there are a lot of legal pitfalls in the charges against him. Since the Code of Conduct Tribunal is not an end in itself, he might explore other legal windows to seek redress.

"The Senate President has hired a Senior Advocate of Nigeria, A. B. Mahmoud, to argue his no-case plea." A source in the Federal Ministry of Justice said: "The prosecution may prevail on the trial judge to issue a warrant to compel the appearance of the Senate President."

Saraki himself declared yesterday that he will "not be shaken". He had on Wednesday described the allegations as "frivolous and untrue."

Hosting a delegation of Ilorin Emirate Descendants Progressive Union (IEDPU) who paid him a solidarity visit yesterday, he said: "The Eighth Senate at inception on the 9th of June this year, had clearly stated that it was out to bring about positive change to Nigerians through responsive legislations and oversights, which we cannot in anyway be distracted from. We will not be shaken."

The IEDPU Chairman, Alhaji Abdulhameed Hadi, pledged the support of Ilorin people for Saraki, urging him "to continue with the good work you are doing". Hadi also urged President Muhammadu Buhari to extend his hand of fellowship in governance to Saraki as he did with the late General Tunde Idiagbon when both of them ruled Nigeria in the early 1980s as military men. He pledged the union's support for the Senate under Saraki's leadership.

Hadi said: "Now that you are here in the National Assembly, our expectations and the expectations of Nigerians are high. We assure you of our support. "We also support President Muhammadu Buhari's change mission, particularly in the fight against corruption and impunity." He urged politicians to be committed to the country's welfare rather than personal interest.

It was learnt that some senators met yesterday in Abuja to articulate how to support Saraki. A source at the meeting told The Nation correspondent that most of the senators saw "the CCT trial as a means to weaken the Senate leadership". He said the meeting was basically "to ensure that we give the Senate President all the moral support he needs at this crucial moment."

He also said that "many of us will be in court tomorrow (today) to witness the trial". Some of the senators urged the Federal Government to "focus on governance and not politically motivated trials of perceived enemies". The senators, in separate reactions, criticised the trial and described it as "distractive and uncalled for".

Senator Sabi Aliyu Abdullahi (APC Niger North), said all the allegations raised against Saraki by CCB were politically-motivated. He said that the allegation will not in anyway derail the Eighth Senate from its focus of bringing about change to Nigerians. He said: "I want to believe an allegation remains an allegation; and our laws are very clear. It is an allegation until it is proven.

"I want to believe it remains an allegation. However, let's take a closer look at what the allegations are, dating back to 2003 to date. I think, as far as I am concerned, there is something fishing about it. It is very obvious. Of course, we know what has happened since the inauguration of the Eighth Senate.

Also condemning the trial, Senator Hussain Salihu (APC Nasarawa South) said those trying Saraki for one thing or the other that had happened in the past because he is now the Senate President will get tired of the trial. He said that senators and, by extension, the Senate, will not abandon Saraki as their duly elected leader.

He said: "The charges against Saraki as far as I am concerned are just distractive, in the sense that we are talking about issue of 13 years ago and people are bringing it now. I think Nigerians should disregard such issues because they are distracting the National Assembly from doing its own constitutional work. And I don't think that it is going to help us.

"What we are talking about now is how we are going to get power supply; how the ordinary man can send his children to school and the sick to get hospitals that will treat them. So, the allegations are non-issues. I think the people who are doing this are not helping the country; they are not helping the President and they are not helping anybody because as far as the National Assembly is concerned, we are going to move on from all these distractions."

Senator Mao Ohuabunwa (PDP Abia North), said that as far as majority of senators were concerned, Saraki has led the Senate creditably well in the last 100 days and will continue to support him.

Source

 

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