The move by the President of the Senate, Dr. Bukola Saraki to stop his trial before the Code of Conduct Tribunal (CCT) for alleged false declaration of assets hit brick wall yesterday as a full panel of Supreme Court led by the Chief Justice of Nigeria, Justice Mahmud Mohammed dismissed his appeal.
Following the ruling, the ancient town of Ilorin, Kwara State capital slipped into a pensive mood, with many lamenting the fate of the Senate President.
Saraki is standing trial on a 13-count criminal charge that the Federal Government preferred against him before the CCT. When he was arraigned, he pleaded not guilty to the charge.
He however filed an appeal at the Court of Appeal seeking to stop the trial as he challenged the competence of the CCT to try him, but the appellate court refused to halt it, following which he appealed to the Supreme Court.
Delivering judgement in the appeal, Justice Walter Onnoghen who read the lead judgment held that the CCT could legally issue a bench warrant.
It was on that ground that the apex court dismissed the appeal filed by Saraki and upheld the judgement of the Court of Appeal delivered on October 30, 2015.
The court dismissed the appeal for lacking in merit.
The court also held that the CCT was properly constituted to exercise jurisdiction over Saraki’s trial even though only two out of the three judges were sitting.
The court also held that the CCT was properly constituted to exercise jurisdiction over Saraki’s trial even though only two out of the three judges were sitting.
On the issue of whether the tribunal had jurisdiction to try criminal matters and issue bench warrants against Saraki, the court held: “I find no merit in the appeal, it is hereby dismissed.”
The court had on December 3 after hearing arguments from parties adjourned to deliver judgment on the appeal after it
Saraki was accused of deliberately manipulating the assets declaration form that he filed prior to his assumption of office as the Senate President, by making anticipatory declaration of assets, as well as, operated foreign bank accounts while in office as a public servant.
The offence was said to have been committed while Saraki was the governor of Kwara state.
The offence was said to have been committed while Saraki was the governor of Kwara state.
However, Saraki, through his counsel, Joseph Daudu, SAN, prayed the apex court to quash the charge for want of competence.
The Federal Government on the other hand, sought the dismissal of the appeal, insisting that there was a prima-facie criminal case against the Senate President.
The Federal Government on the other hand, sought the dismissal of the appeal, insisting that there was a prima-facie criminal case against the Senate President.
At the last adjourned date, while persuading the apex court to allow the appeal by halting his trial, Saraki relied on the provision of Paragraph 15(1) to the Fifth Schedule of the 1999 Constitution as amended.
He submitted that the Justice Danladi Umar-led panel of the CCT was not properly and legally composed to try him.
He further argued that the CCT, not being a court that was constitutionally equipped with criminal jurisdiction, lacked the powers to dock the Senate President on the basis of the 13-count charge.
He further argued that the CCT, not being a court that was constitutionally equipped with criminal jurisdiction, lacked the powers to dock the Senate President on the basis of the 13-count charge.
Daudu had submitted then that an attempt to make the CCT a court having criminal jurisdiction would have far reaching constitutional consequences and that the tribunal was not among the courts established under Section 6 of the 1999 constitution.
He also argued that the fact that there was no substantive Attorney-General of the Federation as at the time the charge was filed, rendered it incompetent.
However, while praying the Supreme Court to dismiss the appeal, prosecuting counsel, Rotimi Jacobs, SAN, relied on the provision of section 4(2)(b) of the interpretation Act, to insist that Saraki was properly charged before the CCT.
He submitted that going by the provision of section 284(4) of the Constitution, the two-members of the CCT panel, formed a quorum that could hear and determine the criminal case instituted against the Senate President by the federal government.
Senate President's reaction...In a reaction to the judgment, Saraki expressed disappointment at the judgment.
Senate President's reaction...In a reaction to the judgment, Saraki expressed disappointment at the judgment.
A statement issued by his Special Adviser (Media and Publicity) to the Senate President, Yusuph Olaniyonu said: “After listening to the ruling of the Supreme Court in the appeal he filed to challenge the process of arraigning him before the Code of Conduct Tribunal, Senate President, Dr. Abubakar Bukola Saraki hereby states as follows :
"He expresses disappointment over the Judgment of the apex court in the country on the six grounds of his appeal
"He however will like to put it on record that the facts of the substantial matter are not before the Supreme Court since the apex court was only invited to rule on some preliminary issues in the process of commencing the trial.
"He however will like to put it on record that the facts of the substantial matter are not before the Supreme Court since the apex court was only invited to rule on some preliminary issues in the process of commencing the trial.
"The Senate President believes he will have his day in the court to prove his innocence of the charges preferred against him during the trial proper.
"Saraki will like to thank everyone who has expressed support for him from the beginning of the case. He assures everyone that at the end of the day truth will prevail and justice will be served.”
Kwara State in pensive mood…
The ancient town of Ilorin, Kwara State capital was in a pensive mood friday, following the Supreme Court ruling that ordered Saraki to face the Code of Conduct Tribunal over alleged false declaration of assets.
The ancient town of Ilorin, Kwara State capital was in a pensive mood friday, following the Supreme Court ruling that ordered Saraki to face the Code of Conduct Tribunal over alleged false declaration of assets.
At the state secretariat, Ilorin, workers were seen in groups discussing the outcome of the Apex Court ruling on the issue, describing the ruling as “uncalled for and a disappointment.”
At Kuntu, Itaamon, Okelele, Omoda, Gambari, among others, residents condemned the ruling of the Supreme Court.A resident of Ilorin, Alhaji Jimoh Bello linked the ruling to alleged political persecution being sponsored by one of the chieftains of the APC in the South West adding “this will surely fail at the end of the day.”
He therefore called on the people of the state to commence fervent prayers for Saraki so as to enable him overcome his current travails.
Another resident of Ilorin who pleaded for anonymity said: Some said: “This development would surely cause political chaos within the rank and file of APC. The earlier the party leadership realises this, the better for it.”
Also friday, the APC in Kwara State called on its members and supporters to remain calm following the ruling of the Supreme Court against Saraki.
In a statement issued by the party spokesman, Alhaji Sulyman Buhari, the Kwara APC described the Supreme Court ruling as disappointing, surprising and shocking.
The party therefore reiterated its position that the ordeal of the Senate President was not an anti- corruption driven case but a politically-motivated prosecution aimed at undermining the person and the office of the Senate President.
“The party acknowledged and appreciates the resilience, loyalty and support shown thus far by our teeming members and supporters. The party urges its members to remain calm, as the innocence of the Senate President will be proven in due course and justice will prevail over political shenanigans,” said the statement
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