Saraki pleads not guilty, trial begins October 21

THE Senate President, Bukola Saraki, on Tuesday
entered the dock at the Code of Conduct Tribunal
in Abuja where he was arraigned for false assets
declaration charges.
Saraki arrived at the tribunal at 9.20am in
company with 50 senators, beating by 40 minutes
the 10am deadline the judge had set for the
Inspector General of Police to provide the Senate
president.
He pleaded not guilty to all the 13 charges
slammed on him by the Code of Conduct Bureau
and his trial has been scheduled to hold on October
21, 22 and 23.
Saraki appeared at the tribunal after the courts
had refused his request that the proceedings at
the CCT be stopped.
From the dock on Tuesday, the Senate president
said he was hearing about the charges against him
for the first time, saying he ought to have been
invited and briefed by the CCB as the Senate
president.
He said, “I am the Senate President and I have
respect for the rule of law. Mr. Chairman, I
observed that they have made reference to the
good work the Senate has done in the
administration of criminal justice. If there is an
allegation of false declaration of assets, the Code
of Conduct Bureau shall refer the person involved
to the tribunal after giving the person an
opportunity to explain if the facts are true. But in
this case, I was not given the opportunity.
“I thought the CCB should have called me and
given me the right to fair hearing. I am hearing
about the charges for the first time. We are all
here and the whole world is watching when we said
we are in new Nigeria. I want to state here that I
am not guilty.”
Saraki’s lawyer, Joseph Daudu, SAN, challenged the
jurisdiction of the tribunal, saying the CCT was not
a court of criminal jurisdiction and as such, the
administration of criminal court did not apply.
Citing Section 693, paragraph 18 (1) of the
Constitution, Daudu reminded the tribunal of the
ruling of a High Court in a case involving a former
governor of Plateau State, Joshua Dariye, which
held that the CCT did not have jurisdiction over
criminal cases and submitted that the tribunal
lacked the jurisdiction to try the accused under
criminal act where he would be required to be
docked.
But the prosecution counsel, Rotimi Jacobs, also a
Senior Advocate of Nigeria, opposed the
application, saying the tribunal had ruled on
jurisdiction last Friday. Jacobs submitted further
that Section 2 (1) of the Administration of Justice
Act gives the tribunal powers to handle the
criminal charges against Saraki.
After listening to the arguments of both parties,
Justice Danladi Umar held that the tribunal had
the jurisdiction to compel the Senate President to
not only appear in person but to also be moved to
the dock.
He said, “It is in the view of the tribunal that the
trial before it is criminal in nature and it has
jurisdiction over criminal matters, the defendant
should therefore proceed to the dock.”
While proceedings to the dock, Saraki expressed
shock that the tribunal had chosen to be ignorant
of the stipulations under which the defendant
could be brought to court.
He was however granted bail in self recognition and
the warrant the tribunal had issued for his arrest
was quashed.
As a governor of his home Kwara State between
2003 and 2011, Saraki was alleged to have make
false declaration of his assets, including an alleged
anticipatory declaration of asset yet to be
acquired.
He is also being accused of owing an American
Express credit card account during his tenure as
governor. Public officials are forbidden from
operating foreign accounts while in office.
But Saraki had earlier shunned the CCT and asked
a Federal High Court in Abuja to stop the
tribunal’s proceedings against him.
However when he failed to appear before it last
Friday, the tribunal chairman had issued a
warrant, compelling the IG to arrest the Senate
President.
The warrant had spurred Saraki to run to the
Appeal Court, asking it to quash the warrant and
to stop the procceding of the tribunal.
The two courts on Monday refused his requests.
“To appear before the tribunal is not a death
sentence,” Justice Morri Adumein of the Court of
Appeal had told Saraki.
The senators that followed Saraki to the tribunal
on Tuesday included his deputy, Ike Ekweremadu;
Shaaba Lafiaji, Theodore Orji, Mao Ohuabunwa,
Samuel Egwu, Ben Murray-Bruce, Aliyu Wamakko,
Gilbert Nnaji, Kabiru Gaya, Alasoadura, Samuel
Anyawu and Foster Ogola.
Others were Sunny Ogborji, Aliyu Sabi Abdullahi, Isa
Hamma Missau, Emmanuel Paulker, Obinna Ogba,
Kaura Tijani, Clifford Ordia, Ibrahim Abdullahi,
Peter Nwaoboshi, Rose Okoh, Mohammed Ohiare,
Gershom Bassey, Olaka Nwogu and Lanre Tejuosho.
Meanwhile, some senators on Tuesday expressed
confidence that Nigeria and its democracy would
be the ultimate beneficiaries at the end of the
trial of the Senate President.
The spokesman for the Senators, Ibrahim Danbaba,
said this while reacting on behalf of his colleagues
to the arraignment of Saraki at the CCT.
Dambaba said, “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.”
In a statement after the tribunal proceedings,
Saraki said he was being tried because he was the
Senate president and that his trial indicated
flagrant disregard of due process.
The statement by his spokesman, Yusuph Olaniyonu,
read in part, “Today, I appeared before the Code
of Conduct Tribunal for the commencement of my
trial in a case concerning the asset declaration
form I filled in 2003 after I have explored the
opportunity to defend my fundamental human
rights in other courts.
My appearance in court today once again
demonstrates my belief in the rule of law and
respect for the judiciary of our country.
As I stated while taking the plea in the case, I
reiterate my belief that the only reason while I am
going through this trial is because I am Senate
President. If I were to be just a Senator, I doubt
if anybody will be interested in the asset
declaration form I filled over 12 years ago.
“It is my humble opinion that this case is a vivid
example that there is still flagrant disregard for
due process in our polity. This trial is not only being
observed by Nigerians alone, the international
community is watching because Nigeria is a key
member of this community. So, the executive,
legislature and judiciary should do the right thing
that will truly demonstrate that we have imbibed
the spirit of positive change.”