Saraki appeals CCT ruling, seeks to stall trial today

Date: 2016-04-05

The Senate President, Dr. Bukola Saraki, has asked the Abuja Division of the Court of Appeal to order stay proceedings of his trial on charges of false and anticipatory asset declaration before the Code of Conduct Tribunal.

Saraki filed the motion for stay of proceedings along with his nine-ground notice of appeal on Monday to stop his trial which begins at the CCT on Tuesday (today).

The notice of appeal was filed to challenge the ruling of the CCT which, on March 24, 2016, dismissed the Senate President’s application, challenging the jurisdiction of the tribunal to hear the charges against him.

The two-man panel of the CCT, led by Mr. Danladi Umar, had, after dismissing Saraki’s application on March 24, fixed April 5 (today) for the commencement of trial.

But the plan may be stalled by the fresh move initiated by the accused on the eve of the day his trial is scheduled to start.

Our correspondent confirmed on Monday night that both the notice of appeal and the motion for stay of proceedings were served on the tribunal and the prosecution on Monday.

Saraki’s application was argued by a consortium of about 80 lawyers, led by a former Attorney General of the Federation and Minister of Justice, Chief Kanu Agabi (SAN).

His earlier appeal, aimed at ending his trial, was terminated by a judgment of the Supreme Court on February 5, 2016, which ordered him to submit himself for trial.

The fresh appeal is challenging the CCT’s ruling, which had resolved all the issues raised by the Senate President against him and affirmed that it had jurisdiction to hear the case.

The Federal Government is prosecuting Saraki on 13 counts of false and anticipatory asset declaration, which he allegedly made in his four forms which he submitted to the Code of Conduct Bureau at the beginning and end of his first and second terms as the Governor of Kwara State between 2003 and 2011.

Umar, who read the ruling of the CCT dismissing Saraki’s application challenging his trial, had directed the prosecution to open its case.

In its ruling, the tribunal ruled that contrary to Saraki’s contention, the AGF was competent to institute charges before the CCT.

It ruled that Saraki’s contention that he was being illegally prosecuted for offences allegedly committed about 13 years ago was out of place.

The CCT chairman agreed with the lead prosecuting counsel, Mr. Rotimi Jacobs (SAN), that the argument by Saraki that there must be an official complaint against him within a reasonable time of his submitting the declaration, was baseless.

The tribunal chairman held that there could be no clearance by implication unless it was expressly stated by the statute, noting that time never could never run against the state.

“It is not out of place to charge the accused person now and ask him to answer to the charges against him as there is no statute of limitation in relation to his case,” Umar said.

The tribunal also faulted Saraki’s reliance on its (CCT’s) earlier ruling, dismissing the charges against a former Governor of Lagos State, Bola Tinubu.

Saraki had argued that under Section 3(d) of the Code of Conduct Bureau and Tribunal Act,  the CCB ought to have confronted him with the alleged infractions in his asset declaration forms before charges were instituted against him.

The Senate President is being prosecuted by the Federal Government for the alleged breaches in the four forms which he submitted to the CCB as Governor of Kwara State between 2003 and 2011.

He contended in his motion that the CCB’s failure to confront him with the alleged infractions had rendered the charges incompetent.

The CCT held that it had since realised that the ruling discharging Tinubu on the same grounds was made in error.

It ruled, “The accused persons relied on the decision of this tribunal in Federal Republic of Nigerian v. Bola Tinubu that was delivered on November 30, 2011. That decision was givenper incuriam (given without following principles of law).”

He held that the provision of Paragraph 3(e) of Part I of the 3rd Schedule to the 1999 Constitution had removed and omitted the proviso relied on by the Senate President.

“That proviso that is repeated in Section 3(d) of the CCB/T Act cannot be sustained any longer under the 1999 Constitution. The decision in Tinubu’s case was given per incuriam and the tribunal should not follow such a decision,” he said.

The tribunal chairman dismissed Saraki’s claim that he was denied fair hearing because he was not invited to make a written statement before the charges against him were filed.

 He held that the argument was premature and could be raised during the hearing of the substantive case.

“The motion by the defendant to quash the charge against him is refused. In the final analysis, the tribunal assumes jurisdiction in this case. The prosecution is to invite its witness,” Umar ruled.

Source

 

Cloud Tag: What's trending

Click on a word/phrase to read more about it.

Mufti Of Ilorin     Jumoke Monsura Gafar     Alfa Modibbo Belgore     Basic Education Certificate Examination     CCT     Kwasu     Olaiya Victor Mobolaji     Abubakar Imam     Apata Ajele Secondary School     Mukhtar Shagaya     Alliance For Democracy     Sam Okaula     Bola Ahmed Tinubu     Jimoh Lambe Abdulkareem     Medview Airlines     Muslimah Entrepreneurship Forum     Yakubu Mohammed Abdullahi     Bamidele Adegoke Oladimeji     Ibrahim Oniye     Unilorin     Moremi High School     Mansurat Amuda-Kannike     Budo Egba     Oluwatoyin Lukman     Jaiz Bank     Suleiman Alege Kuranga     Federal Polytechnic Offa     Onilorin Of Ilorin     Kolade Solagberu     Yeketi     Abioye Bello     Jebba     Monthly Sanitation     John Olajide Adedipe     NSCIA     Harrison Osauwagboe     Kwara Teaching Service Commission     Najim Yaasin     Yusuf Mubarak     Nigerian Correctional Service     Maryam A. Garuba     Adeola Abraham     Olusola Saraki     Saheed Popoola     Sheikh Ridhwanullah     Alumni Association Of The Federal Polytechnic Offa     Bola Tinubu     Marufat Oladosu     Adekunle David Dunmade     Idiagbon     JUSUN     Usman Rifun     Kola Shittu     Mohammed Danjuma     Jaigbade Alao     Tafida     Suleiman Rotimi Iliasu     MalHub     Aisha Ahman-Pategi     Senate President     ANCOPPS     Chief Imam Of Omu-Aran     Road Transport Employers Association Of Nigeria     Muhammad Fawaz Abubakar     Ashiru     Toyin Olayinka Tejidini     Okanlawon Taiwo     Aisha Ahman Pategi     Gobir     Mahfouz Adedimeji     Arik     S.O. Opowoye     Rotimi Samuel Olujide     Afusat Nike Ibrahim     Timothy Akangbe     Saliu Shola Taofeek     Salaudeen Oyewale    

Cloud Tag: What's trending

Click on a word/phrase to read more about it.

Code Of Conduct     Olatunji Ayeni     Elese Of Igbaja     Femtech     Durosinlohun Kawu     M.Y. Abdulrahaman     Adeola Abraham     Danladi     Oladipo Akanmu Tolani     Umar Sanda Yusuf     Madawaki     NIRSAL     Yusuf Amuda Aluko     Biliaminu Aliu     Olushola Saraki     Moronfoye     CCT     Olupako Of Share     Omoniyi Ayinla     Aliyu Kora-Sabi     Shuaib Abdulkadir     Ubandawaki     Omu Aran     Olokoba Sulyman     Salmon Babatunde Salmon     Kwara University Of Education     Yusuf Abdulwahab     AbdulGaniyu Kareem     Tunde Mukaila Mustapha     Sola Saraki University     Osuwa     Tosho Yaqub     College Of Arabic And Islamic Legal Studies     Sarah Alade     Yaru     Kola Bukoye     Oyin-Zubair     Gamji Members Association     Yinka Aluko     Ghali Alaaya     Wahab Issa     Abubakar Suleiman     Jimoh Bashir     Ilesha-Gwanara     Yakubu Dogara     Aso-ofi     Bayer Nigeria Limited     Saka Keji     Tosin Saraki     Onilupeju Of Ilupeju     Mustapha AbdulGaniyu     Alaro     Shettima     HAMFAT Clinic And Maternity     Olohungbebe     Post Utme     Raliat Islamic Foundation     Mukhtar Shagaya     Sulaiman Gado     Ebun-Olu Adegboruwa     Hassan A. Saliu     Kazeem Gbolagade     Www.Kwarareports.com     Shuaibu Yaman     Yakub Lai Gobir     Basit Olatunji     Tunji Ajanaku     Kwara State Coalition Of Business And Professional Associations     Chartered Institute Of Personnel Management Of Nigeria     Funmilayo Mohammed     Rotimi Atere     Oro Grammar School Old Students Association     Odolaye Aremu     Mohammed Saidu     Yoruba     Ishak Mohammed Sabi     Sanitation Exercise