Justice Danladi Umar
The Code of Conduct Tribunal spoilt the fun for Senate president,
Bukola Saraki who has been receiving commendations from his party
chiefs over the passage of the budget as it refused the entreaties of
the Senate President to quash his trial over the 13 count charges of
false assets declaration preferred against him by the Federal
Government.
Justice Danladi Umar, Chairman of Code of Conduct Tribunal had stopped the Senate President’s second attempt to stop his trial when it held that the charges preferred against the Senate President was valid and competent in law in his ruling on Saraki’s motion challenging the jurisdiction of the Tribunal to try him.
The judge noted that the Act establishing the CCT as well as the 1999 constitution, as amended, conferred the Tribunal with the requisite jurisdiction to hear and determine allegations bordering on breach of code of conduct by public officers.
On Saraki’s argument that the FG waited for over 13 years before instituting the charge against him, Justice Umar held that there is no time frame for the prosecution of a criminal offence.
In asking the Tribunal to free him of the charges, the Senate President had cited the case of Bola Ahmed Tinubu, the former governor of Lagos State who was arraigned before CCT in 2011, but was discharged after only two appearances in the Tribunal.
Kanu Agabi, the Senate President’s lawyer had argued that Tinubu was freed by the Tribunal then because FG failed to fulfil necessary condition precedents capable of conferring jurisdiction on it to hear the substantive charge.
According to Agabi, the tribunal had in the case against Tinubu, noted that the Code of Conduct Bureau, CCB, which recommended the prosecution, ought to have invited the defendant to clarify discrepancies in the assets he declared, before the charge was initiated and consequently discharge him.
Like Tinubu, Agabi said his client was also not invited to clarify the allegations against him.
“My lord he has not been invited up till now. That was the same reason you gave for allowing Tinubu to go home, on the ground that ten other governors were invited by the CCB to make clarifications on discrepancies in the assets they declared.
“But till now, the defendant here, who is the Senate President of this country has not been invited. It is our position that the law is not discriminatory”, Agabi submitted.
He also argued that the laws establishing CCB mandated it to summon anyone perceived to have falsely declared his assets to give explanations.
“The defendant was never afforded such opportunity, not even a chance to kneel down and apologise”, said Agabi who added that the charge was politically motivated and instituted in bad faith.
Failure of the Bureau to summon Saraki to give explanations, Agabi argued was fatal to the charge.
Justice Danladi Umar, Chairman of Code of Conduct Tribunal had stopped the Senate President’s second attempt to stop his trial when it held that the charges preferred against the Senate President was valid and competent in law in his ruling on Saraki’s motion challenging the jurisdiction of the Tribunal to try him.
The judge noted that the Act establishing the CCT as well as the 1999 constitution, as amended, conferred the Tribunal with the requisite jurisdiction to hear and determine allegations bordering on breach of code of conduct by public officers.
On Saraki’s argument that the FG waited for over 13 years before instituting the charge against him, Justice Umar held that there is no time frame for the prosecution of a criminal offence.
In asking the Tribunal to free him of the charges, the Senate President had cited the case of Bola Ahmed Tinubu, the former governor of Lagos State who was arraigned before CCT in 2011, but was discharged after only two appearances in the Tribunal.
Kanu Agabi, the Senate President’s lawyer had argued that Tinubu was freed by the Tribunal then because FG failed to fulfil necessary condition precedents capable of conferring jurisdiction on it to hear the substantive charge.
According to Agabi, the tribunal had in the case against Tinubu, noted that the Code of Conduct Bureau, CCB, which recommended the prosecution, ought to have invited the defendant to clarify discrepancies in the assets he declared, before the charge was initiated and consequently discharge him.
Like Tinubu, Agabi said his client was also not invited to clarify the allegations against him.
“My lord he has not been invited up till now. That was the same reason you gave for allowing Tinubu to go home, on the ground that ten other governors were invited by the CCB to make clarifications on discrepancies in the assets they declared.
“But till now, the defendant here, who is the Senate President of this country has not been invited. It is our position that the law is not discriminatory”, Agabi submitted.
He also argued that the laws establishing CCB mandated it to summon anyone perceived to have falsely declared his assets to give explanations.
“The defendant was never afforded such opportunity, not even a chance to kneel down and apologise”, said Agabi who added that the charge was politically motivated and instituted in bad faith.
Failure of the Bureau to summon Saraki to give explanations, Agabi argued was fatal to the charge.
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