•Returns to court October 21
… We won’t impeach him – Senators
By Adetutu Folasade-Koyi and Godwin Tsa, Abuja
SENATE President, Dr. Bukola Saraki entered the history books yesterday, when he was docked at the Code of Conduct Tribunal (CCT), the first Senate President to be docked.
After six days of legal and judicial rigmarole, the Code of Conduct Bureau (CCB) finally docked the Senate President on a 13-count charge of false assets and anticipatory declaration.
Saraki arrived the tribunal premises at 9:32 a.m., accompanied by 25 senators and some members of the House of Representatives. Almost the All Progressives Congress (APC) sena- tors stayed away.
The Senators restated their unflinching support for Saraki and insisted that they would not impeach him.
Senator Ibrahim Abdullahi Danbaba, who signed and re- leased a statement on behalf of the Eighth Senate said Saraki’s appearance at the tribunal was to affirm his respect for the rule of law and that members are not contemplating any leadership change.
The statement reads: “After majority of us, Senators of the Federal Republic of Nigeria, witnessed the appearance of our President, Senator Abubakar Bu- kola Saraki at the Code of Con- duct Tribunal this morning, we are happy that he appeared at the Tribunal after availing himself of the opportunity to defend his Fundamental Human Rights.
“We also want to state here, on behalf of our colleagues, that the Senate remains solidly behind Senator Saraki and we express our unalloyed support for his leadership. We reiterate the fact that he is our choice for
the post of Senate President and no politically motivated, mischievous and vindictive trial will change our opinion of him.
“By his appearance at the Tribunal, he has demonstrated his firm belief in the rule of law and his respect for our judicial process. We join Dr. Saraki in affirming our commitment to rule of law, constitutionalism and democracy.
“We only hope the other arms of government will ensure that due processes and procedures are followed in this trial and on all other issues.”
Proceedings at the tribunal which started at 10:32am due to power failure commenced on a dramatic note with Saraki refusing to enter the accused box..
Following Saraki’s refusal to stand up as his case was mentioned, the tribunal Chairman, Justice Umar, demanded that he should leave his seat and enter the dock.
Sandwiched by his colleagues and friends inside the court, the Senate President refused to move from his seat.
Wondering what was going on, the tribunal Chairman who was looking at Saraki’s direction queried, “Where is the prosecution, is the accused person here?”
Responding, the prosecution counsel Mr. Rotimi Jacobs [SAN] said: “My Lord I cannot see him. I think the first thing is for him to enter the dock first, then we will announce our appearances, after which the charge will be read to him.”
But Saraki’s counsel, Joseph Daudu [SAN] leading five other Senior Advocates of Nigeria submitted: “With profound respect to the chairman and member of this tribunal, I agree with my learned brother that we should enter appearances first.
The order of this tribunal was that the accused should be pro- duced today. It was not for him to enter his plea. The case was earlier adjourned for mention.”
Daudu vehemently opposed the idea of Saraki entering the dock, relying on an Appeal Court decided case law in Igbeke vs FRN, 2015, 3 NWLR.
In addition, Daudu said going by paragraph 18 [1] of the fifth schedule to the constitution, the tribunal does not possess criminal jurisdiction status and so lacked the powers to adjudicate on criminal matters.
“You are not a court to try criminal matters. This tribunal is not a court of criminal jurisdiction. Therefore, the Administration of Criminal Justice Act [ACJA] 2015 is not applicable to the tribunal. By the provisions of sections 33 [8] of the 1999 constitution and section 6 [6] of the constitution, this tribunal is like a disciplinary Committee of the legal profession for public officers.”
Saraki’s lawyers argued that the matter was not a criminal case, and challenged the jurisdiction of the tribunal.
The prosecution opposed the argument and urged the court to discountenance same while accusing the defence team of employing delay tactics to frustrate the arraignment.
“The issue of jurisdiction has already been dealt with and the tribunal had last Friday ruled that it had jurisdiction. I think what the defence counsel is doing is to frustrate the trial.Having exhausted and over-strecthed the administratio of criminal justice, the court should not be taken for granted. Section 296 of the ACJA is clear that the accused must first take his plea and not any preliminary objection.
“I urged the court to dismiss the submissions of the defence counsel particularly paragraph 18 [1] relied upon as it does not apply and is misconceived and asked the accused person to enter the dock and take his plea.”
The tribunal ruled that the matter was criminal and directed Saraki to go ahead with his plea.
Saraki initially refused to enter the accused box to take his plea until the tribunal chairman, gave a ruling compelling him to take his position in the dock. He did at about 11: 24 am.
But, when he entered the dock, the Senate president, be- fore taking his plea, said he was being prosecuted because of his position as the Senate President.
He also protested over what he termed an inappropriate step taken by the tribunal against him before his arraignment.
According to him, the proper thing CCB ought to have done was to have invited him to clarify whatever irregularity it dis- covered in the assets he declared as provided in Section 3 before filing charges against him.
Speaking from the dock, Saraki said: “I am a firm believer of the rule of law. I have come here to subject myself before this tribunal. I strongly believe that I am here because I am the Senate President.
“I felt that the CCB should have called me. We have been hearing about new Nigeria but this is the first time this kind of thing is being done without fol- lowing the due process. Nigerians are watching and the world is also watching. I will conform myself to the due process. So, as I stated, I want to say that I am not guilty.”
Further proceedings have been adjourned to October 21, 22 and 23 respectively.