Possible Implications Of Ambushing Saraki At CCT
Saraki
The Supreme Court judgment that gave the green light for the trial of the President of Senate, Dr. Bukola Saraki, has brought back the political tensions that trailed the inauguration of the 8th National Assembly. Saraki’s appeal was a big test for the apex court; as such it was not an easy ruling to make. Because on the face value, the appeal suggested that the appellant, Saraki, was in a hurry to avoid trial. But the critical issues he raised regarding the constitutional postulation of two members and a chairman constituting the Tribunal, is fundamental.
What the justices of the apex court did therefore was to preserve the legal process so as not to be seen to be protecting the influential members of society. Somehow, the court knows that in the fullness of time, the trial would eventually come back to it. It is this possibility that the matter could eventually return as a ripe appeal against the judgments of the courts of subordinate jurisdiction, that the Supreme Court decided to avoid making a pronouncement and rather released Saraki for the courts below to exhaust their mandate. On the flip side, the apex court knows, as every sane Nigerian does, that the matter would no doubt have implications for the fight against corruption and stability of the polity.
Saraki had in his appeal sought to quash the 13-count charge filed against him by the Code of Conduct Bureau at the Code of Conduct Tribunal. In the charge, it was alleged that Saraki tampered with the assets declaration form he filed prior to his emergence as the Senate President. The part of the alteration on which the CCB wants the senate president tried pertains to where he was said to have deliberately manipulated the assets declaration form by making anticipatory declarations. The ancillary charges border on the operation of a foreign bank account while in office as a public servant and acquiring wealth beyond his legitimate earnings. The charged received mixed responses owing to the fact that the said offences were said to have been committed more than twelve years ago when accused served as the governor of Kwara State.
That consideration was part of the reasons; the senate president directed his legal team headed by Chief J. B. Daudu (SAN), to challenge the competence of the charges. Saraki feels strongly that his prosecution did not conform to the requisition of Paragraph 15(1) to the Fifth Schedule of the 1999 Constitution, as amended. He alleged that CCT presided over by Justice Danladi Umar, was not adequately composed to try him, stressing that a two-member panel of the CCT presiding over the case against him fell short of the constitutional requirement of three. Perhaps, Saraki was being mindful of what could happen in the event of a split decision. And given the timing of his trial when he emerged as the president of Senate, Saraki seemed inclined to believe that the trial process was merely to arrive at a preconceived verdict. He therefore contended in his appeal to the Supreme Court that not being a court, the CCT was not constitutionally empanelled to handle criminal trials or equipped with the powers to dock him, based on the 13-count charge. Further, Saraki contended that the absence a substantive Attorney General of the Federation (AGF), made the filing of the charge defective and therefore incompetent.
Arguing the case in support of the Federal Government, Rotimi Jacobs (SAN), averred that the reservations expressed by Saraki in his objection are lacking in merit, insisting that a prima facie case had been actually established against the president of senate. Jacobs led the apex court justices to section 4(2)(b)of the interpretation Act, explaining that the first step to be taken by Saraki was to first of all answer to the charges and clear his name (before complaining against the processes and legitimacy of the trial). The senior advocate declared that Saraki was appropriately charged before the CCT.
All seems to be set for the much talked about trial in the Code of Conduct Tribunal because the apex court has cleared all the roadblocks. Delivering the lead judgment, Justice Walter Samuel Onoghen held that the tribunal was properly made up and has the jurisdiction to handle the trial of Saraki.
On his part, the senate president through his Special Adviser on media and publicity, Yusuph Olaniyonu; Saraki assured of his preparedness to face trail even as he expressed disappointment at the verdict. He explained that he was merely challenging the process of arraigning him before the Code of Conduct Tribunal. He said he would “like to put it on record that the facts of the substantive 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.” While expressing appreciation to Nigerians who showed understanding and support to his quest for due process, the senate president maintained that he “will have his day in the court to prove his innocence of the charges preferred against him.”
It is during the trial that Nigerians would learn the details and material facts that propelled the CCT trial. But the possible implications appear too frightening, especially given the fact that National Assembly, which Saraki presides as chairman, had seen some sort of normalcy and stability. It may not be as much as the person of Saraki as the issue of national interest, political stability and the cause of the economic development of the country.
It is good a thing that Saraki had expressed reservations about the tricky composition of the tribunal. For instance, an earlier panel of the same Supreme Court, presided over by Justice John Fabiyi ordered the CCT to stop further trial for a moment. In the ruling of November 12, 2015, Justice Fabiyi, now retired; reasoned that the interlude was necessary to allow the apex court dispense with the matter on appeal. It would also be recalled that the senate president formulated six issues for the apex court to consider and set aside the majority verdict of the Court of Appeal as delivered by Justices Moore Adumein and Mohammed Mustapha.
In that ruling there was a dissenting decision by Justice Joseph Ekanem, who was the third member of the panel. He threw away the 13-count criminal charge before the CCT and discharged Saraki. Now the import of the split judgments at the Court of Appeal is that the framers of the 1999 constitution in their wisdom provided for an uneven number of justices on a panel to look at the three sides of every matter so as to maintain the balance of law and procedures.
Already the trial at CCT had been tainted by political motivation. Although Saraki has the opportunity to prove his innocence of the allegations that form the charges against him, no member of the class of 2003 governors had been subjected to scrutiny based on the averments on the asset declaration forms at the Code of Conduct Bureau. Mischief or malicious intent may be secondary to an issue of criminality but the question of morality and fairness must always be raised when national interest is at issue.
Most people who recall the events of June 9, 2015 in the National Assembly, especially the emergence of Saraki as the President of Senate, recall that that outcome did not please a segment of entrenched political forces in the ruling All Progressives Congress (APC). So national unity and political stability could suffer on account of political disagreements.
A section of the ruling APC have already started hinting at the possibility of Saraki’s removal, saying, “it is a done deal.” In a small message service, shortly after the apex court judgment, a chieftain of the APC confided in The Guardian, “heavy conviction that would make it impossible for him to feature in active politics awaits him.” The source noted that though Saraki had done enough to pacify his enemies, “the time is now too short for him”.
The efforts by President Muhammadu Buhari to fulfill his avowal that he belongs to all but none, has left the foci of power in the APC open to manipulation by entrenched forces. Coming at a time the president is proceeding on a five day short vacation, the apex court has decided to wash its hands off the matter, more so, when it’s ruling on some governorship election appeals have been receiving mixed, but scathing remarks from Nigerians.
Granted that the apex court would still have the opportunity to reexamine the processes, the trial of Saraki at the CCT, would set the polity on edge once more. And while some would applaud the proceedings as the sure sign of impartiality in the fight against corruption, the economy would smart for it. Investor confidence could not be bolstered by a national apprehension over political stability.
What is more, the fault lines in the National Assembly would be expanded, because just as the pro-Saraki NASS members would provide him with moral support, those against him would tend to point at the CCT trial to heat up the federal legislature. And to recall that the chairman of CCT has some issues to settle at the NASS, the coming days would prove interesting. What happens to 2016 budget? Was the budget forged or amended surreptitiously? Who is after what for the 2019 election? Saraki’s trial could open the dark secrets of the APC government or cement Nigeria’s determination to march to a new nation!
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26 Comments
I totally disagree with the fundamentals of your argument and therefore your conclusions. Please be reminded that no purpose, other parochial interests is served by your self serving argument. This country is for all of us to build.
Very well said, Akhere.
The author of the subject article is clearly a Saraki sympathizer, and is only trying to be clever by half. All the predictions of doom in our body politics as postulated by the writer are those normally propounded by the Saraki side.
Furthermore, notice how the author sidestepped one main political issue – that Saraki emerged president of the Senate following a very dubious process that is itself currently being challenged in court? Yet, the author would claim there has been stability in the Senate!
P34c3
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No sir. If you take one after the other every thing he wrote, he made much sense. The whole allegation is APC game aimed at unseating him. You forgot the submission of Igbokwe, the APC spokes man in Lagos sometime last year? He said” If Saraki will vacate the SP seat, the charges against him will be dropped”. He further said, ”If it requires cutting off Saraki’s hands from the SP seat in order to remove him , if he refuses to listen to the voices of APC leaders, that they will do it”. My dear, from the above forgoing, can we say there is no witch hunting? The actions against Saraki are not about sanitizing the country but about APC interest in who becomes Senate President.
@ Chukwu get out of the gutter you placed yourself. This issue has nothing to do with APC. What is the point of having an agency such as Code of Conduct Tribunal if people like Saraki cannot be charged? It is people like you who has destroyed the country and make it laughing stock among comity of nations. People like you probably have your children and family abroad to be civilized and you do everything possible to make sure that this country remain backward and uncivilized. Even if it is about politics, why can’t Saraki go to CCT to defend himself after all he himself is a theify politician?
Mr. Simon, You see why you will remain unschooled and unteachable, it is because you are saturated with anger for no reason. Why not see the discussion as a mere contribution to National issues and that your views can never be accepted by every body? Are you so uncultured that you do not even know when to quarrel and when to play the fool with mirth and laughter? When to laugh and when to cry, when to be friendly and when to be hostile and ensure you have reasons to be so? Poor you. I wish you ore energy for quarrels.
I am fully convinced that this is paid write-up. According to Socrates, some tension are required to liberate from the doldrums of greediness into the realm of liberal and selfless service. If justice in Saraki’s case would cause tension in the polity, so be it! Injustice anywhere is a threat to justice everywhere….
Very well put, thanks!
P34c3
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What exactly is your point?
Please, ask’am.
P34c3
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Ask them.
I do not see Saraki as integral part of the pillars that hold APC. Saraki is more a PDP man than an APC man. He is expendable & his power base in Kwara could be retained by APC without Saraki.
There is a clear message to be made fighting Saraki as corrupt & unfit for the high office of Senate President he stole with forged Senate rules book, with 100% backing of PDP & a few rogue elements of APC.
APC need to cleanse its ranks of greedy far right conservative elements. They belong in PDP & not in APC they are hibernating as hermit Crabs.
I fully agree with your postulations, Izedomi.
P34c3
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New APC coming.
I disagree with Leo completely. Saraki is NOT higher than the National Assembly. He is the Sen. President & must go and clear his name in the tribunal. Full stop. If Saraki and his cohorts thinks it is OK to be shuttling between the witness box and Senate president’s seat, NO PROBLEM. Afterall, he is innocent until proven otherwise. BUT the whole world is watching and the senators should remember that if the ruling turns out to be against him. He will be the first Senate President to be a convict while on seat. Even if he resigns 10 minutes later, it will be too late. The seat is already soiled and the whole senators would have excreta smeared on their robes.
My point is therfore, that in order to protect the integrity of the senate, he should resign. The outcome of the case is irrelevant in this matter. Not resigning means placing self and selfishness over senate integrity
What exactly is the point in this write-up. Should the apex court, on behalf of Nigerians, have folded their arms and acquitted Saraki of these charges? No member of the governors’ body in that time has thus been challenged as Saraki has been? Really? Which of them has sought to be our senate president? And, “a chieftain of the APC confided in The Guardian…” blah.. blah… blah… What exactly has Saraki got to fear from the CCT? Why all these drama? If he has nothing to hide, just step in court!!! How hard is that? National security my foot!!!
Just remember that Buhari said that the impunity of the past has no place in this government and that if you must be in his government, then you must possess clean hands. And before you start on me, Buhari has already said that all those in his government presently are being watched. So watch the space and stop these paid campaigns.
Thank you sir. I hope the author of the article will come out and address these issues. He has left the crux of the matter and is delving into peripheral issues..which are quite controversial and subject to personal opinion.
Just in case he was paid to do the write up, he’s got much more work to do now !
Both Saraki and his supporter senators together with these “His Master’s Voice” journalists should wake up and smell the coffee. This is not the old PDP government of yesteryears where impunity carried the vote. If it was the PDP-led government days, Saraki would never have had to enter any courts on this matter. Indeed, CHANGE has actually entered Nigeria. Whether or not Justice Danladi has any case before the senate, Saraki should just go and answer his own case. All the nonsense spewed in this writeup does not threaten anybody. Who is ambushing Saraki? And what are the possible implications? Is Saraki now God? He wreaked havoc in Kwara state. Is Nigeria now his next point of call for a blatant display of impunity? Even if push comes to shove and Saraki goes to prison, will Nigeria stop being Nigeria? Investor confidence my foot!!!
In the past two senate presidents has been made to vacate that seat but i do not see anything different this time. Is it because he has so many senators who he bankrolled to the senate with his ill gotten money from their various states? These are die hard supporters of his who sees nothing wrong whether he is indicted or not. One of such people is Melaye who also escorted Saraki’s wife to the EFCC invitation few months ago.
And what is your position? To let him off the hook abi. Keep wasting your time
You are just a paid writer with the sole aim of defending saraki.. you are not objective and your arguments and conclusion appear biased toward stating that saraki is innocent. Saraki’s interest is not above the law and shouldn’t be placed above Nigeria’s. His removal will never cause any instability in Nigeria.
I have been following the articles of this writer. He is a disgrace to journalism. I don’t know why the Guardian will allow an obviously corrupt writer such a prominent space. His argument is so illogical.
could this author be the corrupt Ruben Abati of the Guardian itself?
These are the words of Leo Sobechi, the author of this terrible article
“Already the trial at CCT had been tainted by political motivation.”
“It is good a thing that Saraki had expressed reservations about the tricky composition of the tribunal”.
“Somehow, the court knows that in the fullness of time, the trial would eventually come back to it. It is this possibility that the matter could eventually return as a ripe appeal against the judgments of the courts of subordinate jurisdiction”,
“And to recall that the chairman of CCT has some issues to settle at the NASS, the coming days would prove interesting”.
“Granted that the apex court would still have the opportunity to reexamine the processes, the trial of Saraki at the CCT, would set the polity on edge once more”.
We know The Guardian has become the reactionary newspaper of Nigeria protecting corrupt political criminals in the land. The question is, who is Leo Sobechi? L Sobechi given the above statements could not be said to be a journalist or an opinion maker. He sounded like a paid public relations consultant trying to shape public opinion. Is Guardian involved in this charade? Your guess is as good as mine. Nigerians are totally corrupt and therefore it is possible for people like Leo Sobechi to lie and write lies to protect a corrupt elemnet such as Saraki. Shame of a country
The Supreme Court has correctly ruled that Saraki must face trial. Let him exhaust the legal remedies available to clear his name. It makes no sense to ask the court to stop your trial. For more, visit my blog: http://www.naija-gist.com
you talk so much.so much..but you miss the point…WE DONT GIVE A FCUK ABOUT THE HEATING UP OF THE POLITY, NIGERIANS ARE PREPARED TO SEE THIEVES HANG AND SWING..THAT IS PRECISELY WHAT WE VOTED FOR. see you..phd
The choice of the word ‘ambushing’ is completely out of place in this argument and is self serving. Did anybody ask the former governor to continue to receive salary many years after he left office? Who is or who was ambushing him in that regard? Or was he or was he not ambushing himself even with the ambition to seek a higher position in government? The writer should therefore, at the least, justify the collection of salary the an ex-governor many years after leaving office. It will be worthwhile if he also ponders the fact that nobody has control over his own life. Now then, is this writer saying that if anybody in this government, in whatever arm of government drops dead, God forbids, Nigeria will expire? I am here thinking about the infantile argument relating to what is to happen to the 2017 budget if justice takes its course. Funny Nigerians in responsible positions!
We will review and take appropriate action.