As the Code of Conduct Tribunal (CCT) resumes trial in the case of the Senate President, Dr. Bukola Saraki tomorrow, MUYIWA OYINLOLA examines why there have been efforts by the former Kwara State governor to stop the trial.

Many politicians become popular in Nigeria through human rights activism. Some, by being clamped in prison for defending their rights or rights of others. There are some however, who were already successful in their various callings before venturing into politics, while for some others it is the other way around.

However, in spite of the pedigrees and political antecedents of the Senate President, Dr. Bukola Saraki, and National Leader of the All Progressives Congress (APC), Asiwaju Bola Tinubu, both being former governors and political godfathers in their various domains, Kwara and Lagos states; one common denominator they share, yet separates them from other politicians, is perhaps their trial before the Code of Conduct Tribunal (CCT).

Whereas Saraki is currently standing trial before the tribunal, Tinubu was tried before the tribunal some five years ago; about four years after he had left office after spending eight years in office as governor.

One of the charges against Tinubu then was an allegation of operating a foreign account.

Just as Saraki has vowed to have his day in court to prove his innocence, Tinubu was adamant and was eventually discharged by the tribunal.

In the case of Tinubu, his lawyers vehemently and consistently argued that the case against him could not continue without compliance with Section 3 (d) of the Code of Conduct Bureau (CCB) and Tribunal Act, in the same vein, Saraki's lawyer, Chief Kanu Agabi, a senior advocate, has sought the permission of the Tribunal to move a motion challenging the jurisdiction of the Tribunal on the basis that the condition precedent has not been fulfilled.

However, while ruling on the Tinubu's case, the tribunal chairman, Mr. Danladi Umar ruled on 30th of November, 2011 noted that : "...On Section 3 (d) (of the Code of Conduct Bureau and Tribunal Act), I feel compelled by the argument of the learned SAN for the accused. It is a condition precedent for referring a charge to this Tribunal that the Accused ought to have been invited to either deny or admit the allegations against him. This is missing in this case as the complainant has no such evidence of a prior invitation.

"It would be proper for me at this stage to simply decline further exercise of jurisdiction having held that the condition precedent to the instituting of charges against the Accused has not been complied with. I hereby resolve this issue in favour of the Accused..."

But considering the way Saraki's matter is being handled both at the tribunal and before the court, pundits are asking if the the judgement of the CCT will be consistent or be at variance with each other on these two cases that are similar imperia material.

But if a number of similar allegations are preferred against both politicians, one also wonders why Saraki has fought his trial before the Code of Conduct Tribunal (CCT) up to the Supreme Court.

LEADERSHIP check within Saraki's camp reveals that the Senate President is not actually avoiding trial, "he is only avoiding persecution. If this case was honestly based on the laws of Nigeria and the fight against corruption, Dr. Saraki, being the Chief lawmaker of this country today would readily summit himself to trial, confident that his innocence would be enough to vindicate him. But there is no way a cockroach can be innocent in a trial organized by hens".

The source added that "there are fears that the Code of Conduct Tribunal chairman, Danladi Umar, has not left anyone in doubt that he is on a mission to convict Saaraki by all means. Therefore, to subject himself to be tried by this tribunal and by this chairman is to commit political suicide.

"The Senate President has gone to every judicial length to stop this trial by the CCT not because he is running away from justice but because he knows there is no way he is going to get justice off the case, if it goes to trial".

It is also interesting to note that while Saraki is being tried under a government which is formed by his political party, the APC, Tinubu was tried under a government formed by the opposition, the Peoples Democratic Party (PDP) when he was a leader in the then ACN. However, Saraki has equally alleged that he is being persecuted by forces in his party which believe his emergence as Senate President against their preferred choice puts him at loggerheads with them even though they are supposed to be fellow party men.

Recall that Saraki emerged Senate President on the floor of the Red Chamber on June 9, 2015, against the wish of some leaders of the party who had indicated their preference for his rival, Alhaji Hamad Lawan.

Whereas some party leaders did not hide their disapproval, that the lawmakers elected their President without any external influence, the senators had exercised their rights affirmed the independence of the senate and strengthened separation of powers.

Since his emergence as senate president, the body language and certain utterances of those opposed to his emergence had shown that they would have a pound of flesh. This perhaps was why Saraki, while being put in the dock at his first appearance at the CCT disclosed that the reason why he was being tried was because he is senate president.