Saraki loses case to halt trial, faces tribunal today

Firstclass newsline gathered that the Senate President, Bukola Saraki,
on Monday said he would appear before the Code of Conduct Tribunal on
Tuesday (today) to face a 13-count charge of false asset declaration
levelled against him by the Code of Conduct Bureau.
Saraki's promise to appear before the CCT as a "law-abiding citizen"
followed failed judicial battle on Monday to stop his arrest and trial
by the tribunal.
"I will be there, I have nothing to hide. One was exercising his own
right both at the Federal High Court and the Court of Appeal. So, I
will appear before the tribunal. The most important thing is that I
believe in the process and I will ensure that I am there tomorrow
morning," he told journalists covering the Senate in Abuja.
Moments later, a statement by the Senate president's spokesman, Yusuph
Olaniyonu, reinforced the promise by Saraki to finally appear before
the CCT.
Olaniyonu's statement partly read, "Following the adjournment for the
determination of the motion on notice and the substantive suit before
the Federal High Court to 30th of September and the appeal pending
before the Court of Appeal adjourned to the 29th of September 2015,
the Senate President has decided, as a law abiding citizen, to appear
before the Tribunal in the interim.
"Dr. Saraki has taken the decision to attend the Tribunal sitting to
demonstrate his respect for the rule of law in spite of his personal
reservation on the process of his trial and the purpose it may be
intended to serve.
"Dr. Saraki wishes to assure Nigerians of his absolute belief in the
judicial process and is therefore confident that the course of justice
would be served at the end of this matter."
Courts refuse to stop trial
Earlier in the day, both the Court of Appeal and a Federal High Court
in Abuja had refused the Senate President's ex-parte applications to
halt his arrest and trial respectively.
Saraki had asked the FHC to stop the CCB and the CCT from prosecuting
him while demanding from the Appeal Court an order to stay the
execution of the order of arrest made by the Justice Danladi Umar of
the CCT as well as the proceedings of the tribunal.
At the FHC, Saraki's lawyer, Adebayo Adelodu (SAN), had asked the
court to make his prayers that the tribunal be stopped from proceeding
with the trial in the ex-parte application absolute.
But Justice Ahmed Mohammed, who presided, refused the application and
ordered that the respondents be put on notice.
He held that in view of the fact that the respondents had joined
issues with the plaintiffs, coupled with fundamental, constitutional
and radical nature of the preliminary objection, which borders on the
jurisdiction of the court and supervisory powers of the tribunal, the
court would not dissipate energy and time on interlocutory matters.
The court therefore dismissed the application and ordered that the
applicant to put the respondents on notice. The judge later adjourned
the case till September 30 for hearing of the substantive suit.
At the Court of Appeal where Saraki'scounsel prayed the court to set
aside the order of arrest on Saraki and also stay the proceedings at
the tribunal, Justice Morri Adumein, in his ruling, held that the
respondents should also be put on notice.
According to him, Section 15 of the Court of Appeal Act 2004 (as
amended) gives the court the general power to make interim orders.
He further stressed that for the court to exercise such powers, the
application for the interim order should be in writing.
"It is for this reason that the court will refuse this application for
interim injunction. It would better serve the interest of justice for
the respondents to be put on notice. Consequently, the motion is
hereby refused and struck out," the judge stated.
He however adjourned the case till September 29 for hearing of the
motion on notice.
After the ruling, Adelodun prayed the court to make a preservative
order to preserve the RES of the case so as to maintain status quo.
In his response, Justice Adumein, said that it was not in the interest
of the court to interfere in the affairs of lower courts.
"To appear before the tribunal is not a death sentence, we can come in
at any point," he stated.
CCT renews arrest order
The CCT on Monday renewed its order of arrest on Saraki by the
Inspector-General of Police.
The tribunal's Justice Danladi Umar again ordered the IG, Solomon
Arase, to arrest and produce the Senate president at the tribunal on
Tuesday (today) to take his plea in the 13-count charge slammed on
him.
The CCT had earlier on Friday ordered Saraki's arrest by the IG with a
mandate to produce him on Monday (yesterday).
The lead counsel to Saraki and former President of the Nigerian Bar
Association, Mr. Joseph Daudu (SAN), had on Friday given an
undertaking to produce the Senate president in court on Monday.
However at the resumed trial on Monday, Daudu informed the CCT that
the accused had filed an appeal before the appellate court to
challenge the tribunal's earlier ruling.
He prayed the tribunal to stay proceedings, pending the determination
the appeal.
The prosecution counsel, Mr. Rotimi Jacobs (SAN), opposed the
application, arguing that Section 305 and 306 of the Administration of
Criminal Justice Act (2015), did not allow a stay of proceeding in any
criminal matter any longer.
Jacobs further informed the CCT that because of the undertaking made
by Daudu on Friday that he would produce Saraki in court, he (Jacobs)
had advised the Federal Government not to execute the arrest as a mark
of honour to the senior lawyer.
He said that he was surprised that despite the undertaking by Daudu,
the accused person was still not in court.
Jacobs therefore prayed the tribunal to make an order that will
produce the accused person in court.
Delivering his ruling on the absence of Saraki in court, Justice Umar
said, "We have taken note of the observations made by counsel for the
accused on the pending matter at the FHC, but it is worthy of note
that the order of the FHC did not suspend the sitting of the tribunal.
"We also disagree on the argument of the accused that applicability of
the Administration of Criminal Justice Act did not affect this
tribunal; this tribunal is duty bound to apply the new law because it
affects the tribunal. This tribunal has to take a position that in the
interest of justice, the position of the tribunal is that the accused
must be compelled to appear before this tribunal tomorrow (today).
"In this wise, we re-affirm that the bench warrant of last Friday must
be executed for the Inspector-General of Police or other security
agencies to arrest and produce the accused before this tribunal
tomorrow (today) by 10:00 am."
Firstclassnewsline.net