CCT Verdict: What Next For Saraki? BY TORDUE SALEM

Date: 2016-03-27

With the Code of Conduct Tribunal's rejection of Senate President Bukola Saraki's application to stop his trial, TORDUE SALEM wonders if this could be the end of the towering head of the Kwara political dynasty and the resumption and intensification of plots to oust him from office?

Like the mythical Sisyphus, the Senate President, Sen. Bukola Saraki, appears set on an unrewarding journey in a circle. In a terse, but firm ruling on Thursday last week, Danladi Umar, chairman of the Code of Conduct Tribunal (CCT), dismissed the application of Saraki to disregard charges of false declaration of assets ongoing against him by the federal government.

Mr. Umar had fixed March 24 for hearing after adjournment on the previous date on the Federal Government’s 13-count charge bordering on false assets declaration against him. Satisfied with the Federal government's counsel Rotimi Jacob's argument that the application should come at the end of the hearing, Umar, a man who appears to be Saraki's nemesis, slammed the gavel and tossed his application in the judicial trash can.

"We urge your lordship to call us to present out witnesses, and rule that the application wait until the end of the trial," Mr. Jacobs had pleaded. Not even the legal avatar and Saraki's counsel, Kanu Agabi's argument to the contrary, saved the day for Saraki.

The Senate President has been there before, he had earlier challenged the jurisdiction of the Tribunal but lost. Not done, he brought up the issue of Fundamental Human Rights and pursued it up to the Supreme Court, but lost. The Senate President being a dogged fighter, got the services of a rugged and thoroughgoing lawyer, Mr. Agabi, but it appears his return to the same terrain of justice may be jinxed, the sterling reputation of his new counsel, notwithstanding.

The moment he engaged Agabi in a star-studded line up of lawyers a few days ago, the Senate President declared confidently that he was ready for trial. In long tirade against several sectors, his Media Office raised the alarm over alleged attempts by forces determined to nail him at all costs through media and political blackmail. The Senate President spoke through a statement signed by his Special Advisor on Media, Mr. Yusuf Olaniyonu attributed his trials in the courts and the media to his traducers.

"In this smear campaign, the anti-Saraki forces using their allies in the media have tended to rubbish reputations built by some individuals over several decades. One of such individual was the respected former Chief Justice of Nigeria, Alfa Modibo Belgore who they falsely accused of trying to bribe judges on behalf of Dr. Saraki when nothing like that ever happened.

"We therefore call on members of the public to disregard the antics of these desperate and devilish elements. We assure all Nigerians and other observers of the Nigerian situation to be rest assured that the Senate President is ready to have his day in court. His lawyers are ready to defend his right and prove his innocence", he claimed.

According to him, "In this smear campaign, the anti-Saraki forces using their allies in the media have tended to rubbish reputations built by some individuals over several decades. One of such individual was the respected former Chief Justice of Nigeria, Alfa Modibo Belgore who they falsely accused of trying to bribe judges on behalf of Dr. Saraki when nothing like that ever happened". The embattled President of the Senate called "on members of the public to disregard the antics of these desperate and devilish elements".

He assured "all Nigerians and other observers of the Nigerian situation to rest assured that the Senate President is ready to have his day in court. His lawyers are ready to defend his right and prove his innocence". The statement claimed that "Using the same scare-mongering methods that these devious forces have employed since the commencement of the case last September, they have employed an on-line medium known for its shady and unethical reputation, Sahara Reporters and another national newspapers to peddle inaccurate information aimed at prejudicing the coming case and forcing the actors in the case to take certain predetermined decisions".

The statement added that "In their desperation, they have been heckling key aides and associates of the Senate President using some unidentified individuals who make phoney calls to the phone numbers of the individuals close to Dr. Saraki, trailing the movement of these associates and giving different interpretations to the actions of these associates, all in a bid to poison the minds of the public against Saraki and to muddy the waters before the case commences on March 11".

"In one of these desperate attempts, they have tried to set the tribunal members, prosecution and defence lawyers in the case against one another. Yet again, they have sought to intimidate journalists who they envisaged may be assigned to cover the case while also seeking to cause disaffection among loyalists of the Senate President". He claimed "The people behind these machinations believe they have to intensify these external, dirty campaigns against Saraki as they see that more and more Nigerians now understand that the trial is about who occupies the office of Senate President and not about any campaign against corruption.

"We will like to recall that this same group of people, using the same set of media and style, have last year successfully forced a Federal High Court judge to withdraw from the case filed by Dr, Saraki at the early stage of the Code of Conduct case. They also blackmailed the Court of Appeal to abruptly postpone its judgement some minutes to the period scheduled for the delivery of the judgement. Similarly, they have waged a war of attrition against Supreme Court Judges shortly before the delivery of the Apex Court's judgement on the appeal filed by the Senate President on February 5". The Senate President had appeared last week at the CCT, armed with a fresh application to challenge the jurisdiction of the tribunal.

Defence counsel, Agabi who led other 66 lawyers informed the court that he had filed an application challenging the authority of the Attorney General of the Federation to initiate a criminal proceedings and also jurisdiction of the tribunal to entertain the matter. Jacobs in his response said he had not been served with the application and that it was a plot to frustrate the trial. He argued that the same motion had travelled from the high court to the Supreme court where the defendant was asked to go and face his trial.

Agabi, a former Attorney-General of the Federation argued in his response that the application was served on the Ministry of Justice and later tendered the proof of service to the tribunal. He however, noted that it is the Ministry of Justice that is delaying the trial on ground that it should have called the attention of the prosecution counsel to the application served on it.

Chairman of the tribunal, Mr. Danladi Umar, however, urged Jacobs to get a copy of the application in court in order to proceed with the case. In agreement with the parties, the tribunal later adjourned till March 18 for hearing of the fresh application. Saraki had pleaded not guilty when the charge was read to him and filed a motion to challenge the propriety of his trial ways up to the Supreme Court.

But the Supreme Court had in its judgement asked the Senate President to go and face his trial. At yesterday's proceedings, about 45 Senators including the Deputy Senate President, Ike Ekweremadu, House leader, Ali Ndume, among others had accompanied Saraki to the tribunal. The senators had arrived the venue of the tribunal at about 10:13am in two coastal buses belonging to the National Assembly.

But in what appeared like anti-Saraki Senators moving in to deliver the killer punch, a statement was issued a few weeks ago by the Unity Forum of the Senate announcing that they were shopping for a replacement for the embattled principal of the Red Chamber. But in a swift reaction, some mix of Senators from the minority Peoples Democratic Party (PDP) and the All Progressives Congress issued a counter statement to deny ever holding talks on Saraki's successor.

The senators maintained that they were solidly behind Saraki, insisting that the Senate President still enjoyed overwhelming majority and unshakeable support of their colleagues in the Red Chamber. They include: Senator Rafiu Ibrahim, Senator Peter Nwaoboshi, Senator Aliyu Sabi Abdullahi, Senator Isa Hamma Misau, Senator Samuel Anyanwu and Senator Lanre Tejuoso.

Reacting through a statement to a news story published by a national newspaper (not LEADERSHIP), the senators said there is no truth about claims that some senators are discussing or thinking about Saraki's successor because there was no basis for that. They stated that they decided to issue the statement, after consulting (with) their colleagues, who said they have been inundated with calls from their constituents demanding to know the veracity of the claims contained in the news story.

"The particular newspaper and their sponsors are simply undermining the judiciary by writing a story to pre-empt the outcome of a judicial process. They are playing God, forgetting that Saraki would not have been Senate President, if God Almighty did not wish it. He is the only Senate President who in less than one year had votes of confidence passed by 85 of the 109 senators. If we have a motion for confidence vote today, we are sure that 90 senators will endorse the Senate President. "Let us make it clear, our position remains the same. The case against Saraki at the Code of Conduct Tribunal is not a case of corruption. It is a case of political persecution. Again, he remains innocent until the case has gone through the final floor of the judicial architecture. We have no doubt that the mischief will fail and so we are solidly behind him.

"In the mischievous report aimed at prejudicing the CCT trial, a method typical of detractors who are behind this persecution called prosecution, they sought to present a case of division in the rank of the supporters of the Senate President by mentioning a Senator from Kwara North, without giving the name of the Senator. We have spoken with our colleague from Kwara North, Senator Shaaba Lafiagi and we can say it that he remains a loyal supporter of Dr. Saraki. He also told us he has never heard of any discussion about having a replacement for the Senate President. He further described the news story as mere speculation. "We want to alert members of the public that this is the typical method that those detractors of the Senate President have employed since the beginning of the case last September. They sponsor stories in some newspapers and online publications to blackmail and prejudice judges, and compel them to take decisions in a predetermined manner. This is another example of the same devious campaign. They think they can achieve outside the Senate what they failed to achieve on the floor of the Senate. They will fail.

"We continue to stand by Senator Abubakar Bukola Saraki and nothing will change that," the senators stated. Several other charges have since followed: some online media also raised questions on an alleged purchase of cars by the Senate President, worth N300M. The Senate President had to quickly respond through a press statement denying that he delivery of "exotic" cars worth N300million".

On his tweeter handle, the Senate President dismissed claims he was engaged in any car purchase jamboree. "I only have one new car which is the Benz, There is also an Innosson as part of my convoy", he tweeted. The disclosure had come after it was reported earlier that the Senate proposed to spend about N4.7 billion on at least 400 vehicles for leaders and members of the Senate and House of Representatives.

Among the proposed vehicles were 10 top-of-the-range cars for Mr. Saraki and his official convoy. The report further alleged that the market survey for the recently acquired vehicles cost N329, 515,625. It was also reported that at least four of the 10 vehicles meant for Saraki have already been delivered by popular auto merchant, Lanre Shittu Motors.

In a another report, it was alleged that the National Assembly sought to purchase a 2016 model Mercedes Benz S550 at over N49m, four 2016 Toyota Prado jeeps at over N149m, four 2016 Toyota Hilux SS (Auto) at over N102m as well as a 2016 model Toyota Hiace Bus at N28m. Already, three Toyota Prado SUVs and one Mercedes Benz S500 are reported to have been delivered to the Senate President.

The lone gadfly of the Senate, Kabiru Marafa (Zamfara-APC) has been in the trenches to oust the Senate President. Marafa insists that the Rules and Standing Orders of the Senate that led to the emergence of Saraki, his Deputy and other principal officers on June 9, 2015, was forged, and he and others must therefore pave way for new set of leaders chosen legally through a legitimate Standing Orders.

Marafa does not appear to be alone in the battle. There seem to be a hidden hand or hidden hands working the machine to Saraki's ouster. But the biggest trouble for the genial Senate President may be the danger that should the CCT indict him, he would not only lose the Senate Presidency, but lose a hard-won political dynasty, if a compromise is not quickly reached.

Source

 


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