Saraki
The
Code of Conduct Tribunal (CCT) yesterday got the green light from the
Supreme Court to proceed with the 13-count false asset declaration
charge brought against Senate President Bukola Saraki by the Code of
Conduct Bureau (CCB).
The apex court, in a unanimous verdict
of a seven-man bench led by the Chief Justice of Nigeria (CJN), Justice
Mahmud Mohammed, dismissed Saraki’s appeal to stop the trial and asked
him to submit himself for prosecutional.
It said the appeal lacked merit.
Moment after the ruling yesterday,the
Senate President expressed disappointment at the pronouncement of the
Supreme Court, but was optimistic that he would triumph ultimately.
Saraki had challenged among others, the
composition of the CCT, its jurisdiction and the legality of the charge
brough against him, on the ground that it was not personally endorsed by
the Attorney General of the Federation (AGF).
His legal team comprised seven Senior
Advocates and a Professor of Law, among others. The Senior Advocates
are: Joseph Daudu, Yusuf Ali, Ahmed Raji, Adebayo Adelodun, Saka Issau,
Mahmud Magaji and Kehinde Eleja. The law professor is Wahab Egbewole.
In the lead judgment, Justice Wallter
Onnoghen, upheld the argument by the respondents’ lawyer, Rotimi Jacobs
(SAN), to the effect that the tribunal forms a quorum and could validly
conduct proceedings where the Chairman and one of the constitutionally
prescribed two members are present.
Justice Onoghen was of the view that,
where one of the two members is absent, the Chairman and a member, as
was the case during Saraki’s arraignment, could validly conduct
proceedings.
Saraki had, in his appeal, argued that
the tribunal’s two members must sit with the Chairman (making three
members) before the tribunal could validly conduct proceedings.
Justice Onoghen also held that the
tribunal was by the provisions of its enabling laws and the Constitution
conferred with the quasi-criminal jurisdiction and thus could validly
issue bench warrant.
As against Saraki’s contention, Justice
Onoghen held that the Administration of Criminal Justice Act (ACJA) 2015
was applicable to the proceedings of the tribunal.
He dismissed the allegation by Saraki
that he was not properly served with the charges and also held that the
charges filed before the CCT prior to the appointment of the
Attorney-General of the Federation were valid.
Justice Onoghen noted that there was an
attempt by Saraki to intimidate the CCT by claiming that it disobeyed
the order of a Federal High Court barring it from continuing with the
proceedings pending the determination of a suit filed by the Senate
President to challenge the trial.
“I have looked at the records, there is no where such order was made,” Justice Onoghen said.
The CJN, Justices Tanko Muhammad,
Sylvester Ngwuta, Kudirat Kekere-Ekun, Chima Nweze and Amiru Sanusi, who
are members of the panel, agreed with the lead judgment.
Justice Onoghen said: “The lower court
(Court of Appeal), in considering the issue, had come to the conclusion
that the Code of Conduct Tribunal is a tribunal with limited criminal
jurisdiction. However, looking closely at the provisions of the 5th
Schedule to the 1999 Constitution (as amended) and Code of Conduct
Bureau and Tribunal Act, earlier referred to in this judgment, it is
safer to hold that the said tribunal has a quasi-criminal jurisdiction
designed by the 1999 Constitution.
“It is a peculiar tribunal crafted by
the Constitution. In this circumstance, I hold the view that, as a
tribunal with quasi-criminal jurisdiction, with authority to be guided
by the Criminal Procedure Act or Code in the conduct of its proceedings,
it can legally issue bench warrant for the purpose of carrying out its
quasi-criminal jurisdiction.
“I should not be understood as saying
that the Code of Conduct Tribunal is a court of superior record or
jurisdiction with relevant inherent powers and sanctions, but that, as a
quasi-criminal tribunal/court, it has the necessary powers to put into
effect, its mandate of ensuring accountability, probity, transparency,
etc in public office,” Justice Onoghen held.
In resolving the issue as to whether or
not a low ranking officer, filing a charge in the absence of a
substantive AGF must prove authorization , the justice held that the
power to initiate criminal proceedings by any officer of the department
of the AGF, is not dependent on the office of the AGF having an
incumbent.
He held that since the position of the
law is that the Solicitor General of the Federation (SGF) could act in
the absence of a substantive AGF, a law officer in the Federal Ministry
of Justice – M.S. Hassan (then, a Deputy Director in the Federal
Ministry of Justice and now, a judge of the Federal High Court), who
initiated the proceedings was in order as there was no dispute as
regards whether or not he was authorized by the SGF.
As regards Saraki’s complaint that the
tribunal disregarded a Federal High Court’s order staying its
proceedings, Justice Onoghen held: “ In any case, there is no order of
the Federal High Court staying proceedings of the tribunal which was
disobeyed by the tribunal.
“I hold the view that the instant issue
is an attempt at intimidating the Code of Conduct Tribunal, which is
very unfortunate. In the circumstance, I find this issue, like the
others already considered, of no merit and is accordingly resolved
against the appellant.
“Having resolved issues 1 to 5 against
the appellant, I see no need to consider issue 6 because such a
consideration will serve no useful purpose. In fact, issue 6 has already
been resolved in substance against the appellant during my
consideration of issue 2.
“In conclusion, I find no merit in the
appeal, which is accordingly dismissed. The judgment of the lower court,
delivered on the 30th day of October 2015 dismissing the appeal of the
appellant against the ruling of the Code of Conduct Tribunal of 18th
September 2015 is hereby affirmed,” Justice Onoghen said.
The huge audience in court, comprising
mostly Saraki’s supporters and associates, suddenly went silent on
hearing the court’s final pronouncement. They later departed the court
in trickles, with some expressing loudly, their disappointment.
Saraki, in his reaction to the judgment, said he was disappointed by the court’s decision.
His spokesperson, Yusuf Olaniyonu, in a statement in Abuja shortly after the verdict was delivered 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.
“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.
“Dr. Saraki will like to thank everyone who has expressed support for him from the beginning of the case.”
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