Saraki Sets To Resign As Loyalists Mount Pressure; PencilS 2 As Replacement

Ahead of the expected judgment of the Code of Conduct Tribunal, following yesterday’s commencement of his trial over false assets declaration when he held sway as governor of Kwara State, Senate President, Bukola Saraki may throw in the towel by resigning from his position any movement from now.

In other not to be humiliated while on the throne, some senators including those who had vowed to remain with him to the end of his trial at the anti-graft court, yesterday, asked the Senate President to consider the resignation option so as to save the Senate, as an institution. 

It was gathered that the option was thrown to him at a special meeting held by a group of some loyal senators, who followed him to his Maitama residence, shortly after the end of yesterday’s trial at the court. 

But as Saraki is considering the option, senators of the ruling All Progressives Congress, APC, appeared to be at loggerhead with their counterparts in the opposition Peoples Democratic Party, PDP, over the Senate President’s successor. 

While the APC senators are insisting on producing Saraki’s successor, those of the PDP are favorably disposed to anointing one of their own, a development that has further polarized the Red Chamber. 

A senator of the PDP fold, who spoke to Vanguard late yesterday, but on condition that his identity would not be mentioned, said Saraki was given the option of resigning basically to save the institution of the legislature. ‘”I can confirm to you that at a special meeting held yesterday, we asked the Senate President to consider the option of resignation. 

“We believe that doing so would preserve the institution of the Senate, “he said, refusing to speak further. Asked whether the Senate President was considering the resignation option, the lawmaker said ‘” this was just thrown at him this evening. We believe that he would do the right thing.'”. 

Meanwhile, names of senators Abdullahi Adamu, representing Nasarawa West from the APC and Suleiman Adokwe of the PDP were being touted as possible replacements of the Senate President to press time. 

Vanguard News

Saraki Perfects Fresh Plan To Quash Trial At CCT Today, You'll Be Shocked At What He Did

Punch Newspaper - The Senate President, Dr. Bukola Saraki, has asked the Abuja Division of the Court of Appeal to order stay proceedings of his trial on charges of false and anticipatory asset declaration before the Code of Conduct Tribunal.

Saraki filed the motion for stay of proceedings along with his nine-ground notice of appeal on Monday to stop his trial which begins at the CCT on Tuesday (today).

The notice of appeal was filed to challenge the ruling of the CCT which, on March 24, 2016, dismissed the Senate President’s application, challenging the jurisdiction of the tribunal to hear the charges against him.

The two-man panel of the CCT, led by Mr. Danladi Umar, had, after dismissing Saraki’s application on March 24, fixed April 5 (today) for the commencement of trial.

But the plan may be stalled by the fresh move initiated by the accused on the eve of the day his trial is scheduled to start.

Our correspondent confirmed on Monday night that both the notice of appeal and the motion for stay of proceedings were served on the tribunal and the prosecution on Monday.

Saraki’s application was argued by a consortium of about 80 lawyers, led by a former Attorney General of the Federation and Minister of Justice, Chief Kanu Agabi (SAN).

His earlier appeal, aimed at ending his trial, was terminated by a judgment of the Supreme Court on February 5, 2016, which ordered him to submit himself for trial.

The fresh appeal is challenging the CCT’s ruling, which had resolved all the issues raised by the Senate President against him and affirmed that it had jurisdiction to hear the case.

The Federal Government is prosecuting Saraki on 13 counts of false and anticipatory asset declaration, which he allegedly made in his four forms which he submitted to the Code of Conduct Bureau at the beginning and end of his first and second terms as the Governor of Kwara State between 2003 and 2011.

Umar, who read the ruling of the CCT dismissing Saraki’s application challenging his trial, had directed the prosecution to open its case.

In its ruling, the tribunal ruled that contrary to Saraki’s contention, the AGF was competent to institute charges before the CCT.

It ruled that Saraki’s contention that he was being illegally prosecuted for offences allegedly committed about 13 years ago was out of place.

The CCT chairman agreed with the lead prosecuting counsel, Mr. Rotimi Jacobs (SAN), that the argument by Saraki that there must be an official complaint against him within a reasonable time of his submitting the declaration, was baseless.

The tribunal chairman held that there could be no clearance by implication unless it was expressly stated by the statute, noting that time never could never run against the state.

“It is not out of place to charge the accused person now and ask him to answer to the charges against him as there is no statute of limitation in relation to his case,” Umar said.

The tribunal also faulted Saraki’s reliance on its (CCT’s) earlier ruling, dismissing the charges against a former Governor of Lagos State, Bola Tinubu.

Saraki had argued that under Section 3(d) of the Code of Conduct Bureau and Tribunal Act,  the CCB ought to have confronted him with the alleged infractions in his asset declaration forms before charges were instituted against him.

The Senate President is being prosecuted by the Federal Government for the alleged breaches in the four forms which he submitted to the CCB as Governor of Kwara State between 2003 and 2011.

He contended in his motion that the CCB’s failure to confront him with the alleged infractions had rendered the charges incompetent.

The CCT held that it had since realised that the ruling discharging Tinubu on the same grounds was made in error.

It ruled, “The accused persons relied on the decision of this tribunal in Federal Republic of Nigerian v. Bola Tinubu that was delivered on November 30, 2011. That decision was given per incuriam (given without following principles of law).”

He held that the provision of Paragraph 3(e) of Part I of the 3rd Schedule to the 1999 Constitution had removed and omitted the proviso relied on by the Senate President.

“That proviso that is repeated in Section 3(d) of the CCB/T Act cannot be sustained any longer under the 1999 Constitution. The decision in Tinubu’s case was given per incuriam and the tribunal should not follow such a decision,” he said.

The tribunal chairman dismissed Saraki’s claim that he was denied fair hearing because he was not invited to make a written statement before the charges against him were filed.

 He held that the argument was premature and could be raised during the hearing of the substantive case.

“The motion by the defendant to quash the charge against him is refused. In the final analysis, the tribunal assumes jurisdiction in this case. The prosecution is to invite its witness,” Umar ruled.

Intrigues As Kwara Senator, David Mark, Ekweremadu, Ndume, Others Eye Saraki's Seat At The Senate

Daily Trust - High-level political machinations have commenced underground at the upper chamber of the National Assembly over who may eventually succeed Senator Bukola Saraki as the Senate President, as his trial over allegation of false assets declaration begins at the Code of Conduct Tribunal (CCT). Daily Trust on Sunday digs into the unfolding battle for the coveted Number Three seat.

Ahead of the commencement of the trial of the Senate President, Senator Bukola Saraki, at the Code of Conduct Tribunal (CCT) on a 13-count charge bordering on false declaration of assets, his colleagues in the Senate have begun scheming for his possible replacement, Daily Trust on Sunday has gathered.

The move received a boost last week when the tribunal dismissed Saraki’s application, asking it to drop the charges, citing procedural errors.

The embattled Senate President had argued through his counsel, Kanu Agabi (SAN) that the failure of the Code of Conduct Bureau (CCB) to invite him, as required by law, to explain the alleged discrepancies in his assets declaration form had invalidated the charges.

However, while giving its ruling on March 24, the tribunal dismissed the application, saying the CCB did not breach the law by filing charges at the CCT against Saraki. 

In the ruling, the tribunal’s chairman, Danladi Umar, held that the Code of Conduct Bureau and Tribunal Act, 1989, allowed Saraki to raise his clarifications at the level of the tribunal. The ruling, therefore, set the stage for commencement of the trial, on one hand, and powerful plots, on the other. 

The Senate President had earlier lost an appeal at the Supreme Court, where he had gone trying to get the apex court to stop his trial at the CCT.

Daily Trust on Sunday gathered that soon after the verdict clearing the course for the trial, senators with interest in the Senate Presidency began strategizing on how to take over from Saraki, holding surreptitious meetings where they canvassed for the support of their colleagues.

The senators are gunning for the most coveted seat in the Red Chamber, believing that it is only a matter of time before it becomes vacant. 

The senators eyeing Saraki’s job, some lawmakers disclosed, are both from the ruling All Progressives Congress (APC), which has the majority in the Upper Chamber, and the Peoples Democratic Party (PDP), which has the second highest number of senators.

The possibility of the PDP making an attempt to clinch the position in the face of its minority status at the Senate first became obvious on Thursday, when its member representing Delta South and the Chairman of the Senate Committee on Niger Delta, Senator Peter Nwaboshi, declared that the party would produce the next Senate President if Saraki is removed.

The plots 

Recently, there have been series of secret meetings by all camps at the Upper Chamber with the sole aim of producing a united front ahead of an expected post-Saraki era.

It was learnt that the APC caucus, which was facing sharp division, started its meeting with truce talks spearheaded by the former Governor of Sokoto, Senator Aliyu Wamakko.

The meeting, which started in the office of Senator Abu Ibrahim (APC Katsina South), succeeded in bringing key actors in the warring camps of the APC together.

In Saraki’s camp, Senator Ahmed Sani Yarima (APC, Zamfara West), Senator Kabiru Gaya (APC, Kano South), Senator Adamu Aliero (APC, Kebbi Central), Senator Wamakko and Senator Danjuma Goje (APC, Gombe Central) attended the meetings. Senator Yarima nominated Saraki for the Senate Presidency last year. 

From the Ahmed Lawan’s Unity Forum camp, Senator Suleiman Othman Hunkuyi (APC, Kaduna North), Senator Kabiru Marafa (APC, Zamfara Central), Senator Gbenga Ashafa (APC, Lagos East) Senator Abu Ibrahim (APC, Katsina South) and Senator Lawan (APC, Yobe North) participated in the meetings held four times at the residence of Wamakko in Abuja.

It was gathered that the APC senators were forced to cement their crack following the moves by the PDP senators to snatch the Senate Presidency seat from the APC.

It was further learnt that the PDP caucus has been holding marathon secret meetings on how to take over the Senate Presidency, with the final strategy meeting held outside the National Assembly on Wednesday, which had the party’s national chairman, Senator Ali Modu Sheriff, in attendance.

Making public, for the first time, the agenda of the meetings, Senator Nwaboshi said they had perfected plans to produce the next Senate President if Saraki was forced out of the seat.

“If, but God forbid, because we don’t see it coming, by chance Saraki is removed, I can tell you that the PDP will produce the next Senate President. We only need three and we have it. The calculation is very clear to me. The calculation is very clear for PDP. We know what it will take us,” he said.

An analysis of the strength of the party at the Senate shows that the APC has 58 senators, PDP 44 and LP one in the person of Senator Ovie Omo-Agege of Delta Central. Six seats are still vacant in the Red Chamber, as the reruns for six senatorial districts are yet to be conducted. At the inception of the Eighth Senate in June last year, APC had 59 and PDP 49, while one seat was vacant. 

PDP: We’ll Jump at It

Also opening up on the PDP quest to snatch the Senate Presidency, the former governor of Ebonyi State, Senator Sam Egwu, said they would jump at the opportunity if Saraki was sacked. 

“We will jump at the opportunity and take the seat, since we have lost the Presidency. I didn’t attend the latest meeting on it, but we have the capacity to take it over because we are united,” he said in a phone chat. 

It was widely believed that the PDP members are planning to relaunch the party, which was defeated at the 2015 general elections, with the Senate Presidency.

The Contenders 

High ranking senators confided in Daily Trust on Sunday that five names are being touted by various camps in the Red Chamber as the likely successor of Saraki.

Abdullahi Adamu

Impeccable sources in the Like Minds camp supporting Saraki told our correspondent that they were weighing the option of Senator Abdullahi Adamu (APC, Nasarawa West) as Saraki’s likely successor.

Senator Adamu was a two-term governor of Nasarawa State, from 1999 to 2007, on the platform of the PDP. He decamped to the APC in 2014 and is the chairman, Senate Committee on Agriculture.

According to sources in the Like Minds group, the former governor was being considered for the job in order to retain the position in the North-Central geopolitical zone, where the current Senate president comes from. 

   

Mohammed Shaaba Lafiagi

Another APC senator that the group is considering for the job is Senator Mohammed Shaaba Lafiagi, representing Kwara North Senatorial District. Lafiagi’s name made the list because in addition to coming from the North-Central zone, he hails from the same Kwara State as Saraki and was said to be a beneficiary of the Saraki political dynasty in Kwara.

A prominent member of the Saraki’ camp told our correspondent that meetings were secretly being held at the residence of a former governor in Abuja.

“If I’m to be in Saraki’s shoes, I will resign and concentrate on my trial, but since he has not, we don’t want to be caught off guard, hence we are looking another way round,” he said.

The senator, who said the candidature of Adamu was being promoted by some former governors who are influential in the Senate, added that senators in another faction in the same Saraki camp were pushing for Lafiagi, with a view of retaining the position in Kwara State.

Ahmed Lawan

Senator Ahmed Ibrahim Lawan (APC, Yobe North) who has been at the National Assembly since 1999 was the preferred candidate of the APC for the Senate plum job last year, but Saraki in alliance withPDP senators pushed him aside.

Members of the Lawan camp are relying heavily on the backing and support of the Presidency and that of the leadership of their party, especially the national leader, Senator Bola Ahmed Tinubu. 

It was gathered that Saraki deferred the plan to suspend Senator Marafa from the Upper Chamber, following ‘warnings from the powers that be.’ The return of Senator George Akume (APC, Benue-Northwest) from a medical trip that lasted weeks has boosted the chances of the Lawan camp.

“The presidency is still with us because of the stance of President Muhammadu Buhari on the issue. Whether they like it or not, one day they will fall. We are watching as the trial progresses,” a senator in the camp said.

Ali Ndume

Another senator whose name is ringing bell in the Upper Chamber as a likely successor for Saraki is the Senate Leader, Ali Ndume (APC, Borno South).

When the Senate was inaugurated in last June, Ndume contested for the deputy senate President seat, but he was defeated by Senator Ike Ekweremadu, on the strength of PDP alliance with Saraki.

Sources told our correspondent that the continued re-echoing of Ndume’s name as a contender for the seat has upset the loyalists of Saraki who are seeing him as one of their own. Ndume, a second time senator, stepped up from the House of Representatives to the Upper Chamber in 2011.

Sources close to him said the Borno-born senator has his eyes set on the Senate Presidency.  

The chances of the duo of Lawan and Ndume are being hindered by the Speaker of the House of Representatives, Yakubu Dogara, who happened to be from Bauchi State in the North-East, the same geopolitical zone as the two.

Ike Ekweremadu

It was gathered that the Deputy Senate President, Ike Ekweremadu, is said to be in the race. 

Ekweremadu is favoured by the ranking rules of the Senate.  He has been at the Upper Chamber since 2003 and Deputy Senate President since 2007. 

It was widely believed that Saraki rewarded the PDP with the Deputy Senate President seat following his alliance with them in June last year. 

Observers are of the view that the PDP is trying to repeat the Aminu Tambuwal’s episode of the House of Representatives that dealt a deadly blow to the party.

The return of the immediate past Senate President, Senator David Mark (PDP, Benue South) to the Red Chamber has brightened the chances of the PDP to clinch the post should it slip off Saraki’s hand.

Mark, aside from being the most ranking senator, was said to be a key player in the emergence of senate presidents since 1999. It is on record that he played immeasurable role in the emergence of Saraki.

Contrary to reports, our correspondent gathered that Mark is not interested in staging a comeback. 

Two APC senators from the North told our correspondent that they were trying to unite to deflate the plans of the PDP senators.

“We are fully aware of the plot of the PDP to take over the seat in case Saraki falls, but we are working to block them. We know their game plan and this is why we are trying to close our ranks for the benefit of our party and Nigerians in general who voted them out and brought us in,” an APC senator, who spoke on condition of anonymity, said.

When contacted, the Senate Leader, Ndume, said the Saraki issue was being overblown by the public. “Do you know that I am still in court on a more serious issue? The President of the Senate is in court for assets declaration, but I am in court for a more serious issue, that I am an alleged sponsor of Boko Haram

“I have been in court for four years, so why is it not an issue? I have not complained, it is not a big deal, I am still the Leader of the Senate and my role is as important as that of the President of the Senate, but it is not a big deal. Why are you making his case a big deal?” he said. 

On whether he was eyeing the seat or not, Ndume said “It is Allah that gives power and He gives it to whoever He deems fit and at anytime.”

Also, the spokesperson of the Senate President, Yusuph Olaniyonu, denied that other senators were coveting his boss’ seat, saying Saraki enjoyed the support of the overwhelming number of his colleagues.

“That is an old story which has been debunked by many leading senators. I refer you to the interview by Senator Bukar Abba Ibrahim and Senator Peter Nwaoboshi. That is why he has continued to perform his duties unperturbed, even with the so much hyped CCT case, “he said.

Also, one of the aides of Senator Ekweremadu, who pleaded anonymity, described the report that his boss was jostling to succeed Saraki as an ‘APC scam and propaganda to keep pressure’ on the Senate President.

“My boss doesn’t even foresee Saraki’s removal, let alone jostle to succeed him,” he said.

APC Senators Peace Talks Upset Saraki's PDP Alliance

The ongoing peace talks of the All Progressives Congress (APC) Senate caucus have upset the alliance of the Senate president Bukola Saraki with the senators of the People’s Democratic Party (PDP).

Resting on the strength of the PDP on June 9 last year, Saraki emerged the Senate president against the wish of the APC leadership. His party had preferred Senator Ahmed Lawan (APC Yobe North) but he dribbled the party to clinch the seat. As at then, the APC had 59 and the PDP had 49 senators.

Since then, it has been from one crisis to the other for the Senate president, the heir of the Saraki political dynasty in Kwara State. The crisis was solely in the caucus of the APC as the PDP were united.

Apparently, to settle the PDP senators for their support towards his emergence, Saraki rewarded them with committees considered to be juicier than the ones allocated to members of his party, excluding the former governors.

It was in November last year that he constituted the committees and gave APC 41 and PDP 24. Specifically, it was gathered that Saraki jerked up the committees from 57 to 65 without amending the Senate standing rules, to accommodate his supporters.

Not satisfied with the constitution of the committees, spokesman of the Unity Forum of Lawan, Senator Kabiru Marafa, kicked against the increase in the number of committees, saying it was done in violation of their rules.

Until three weeks ago, the APC Senate caucus has been in red with the Lawan’s camp dishing out missiles at intervals. 

For instance, when Saraki lost his bid to stop his trial at the Code of Conduct Tribunal (CCT), Marafa apparently acting the script of his camp called for the resignation of Senate president.

Saraki is facing a 13-count charge at the CCT bordering on false assets declaration while he was governor of Kwara State. Though, members of Saraki’s camp have reaffirmed their support for him, the call for his resignation caused uproar at the National Assembly.

The feud in the APC camp almost led to the suspension of one of the party’s senators. Marafa’s case at the ethics, privileges and public petitions committee is still hanging. The committee has recommended his suspension.

Realising the danger of the crack in their fold, three weeks ago, the APC caucus began a truce moves. Before the start of the peace talks, there were reports that the Senate presidency could be hijacked by the PDP in case Saraki falls.

The APC talks started from the office of a ranking senator from the north with key players of the two camps in attendance. The truce talks have since then become regular with former governor of Sokoto State, Senator Aliyu Wamakko playing a lead role.

Sources told our correspondent that five people have been elected from each of the camps.

The Saraki camp is being represented by Ahmed Sani Yarima (APC, Zamfara West), Kabiru Gaya (APC, Kano South), Adamu Aliero ( Kebbi Central), Wamakko and Danjuma Goje (APC, Gombe central).

The Lawan camp, Unity Forum, was represented by Suleiman Othman Hunkuyi(APC, Kaduna North), Kabiru Marafa (APC, Zamfara Central), Gbenga Ashafa (APC, Lagos East) Abu Ibrahim (APC, Katsina South) and Lawan (APC, Yobe North).

It was gathered that at the meeting of truce committee held at the Abuja residence of Wamakko, the camps unanimously agreed to amend the Senate standing orders to reflect the eight newly created committees.

Also, the truce committee has agreed that the composition of the 65 committees be reviewed to accommodate APC senators that were sidelined in the present arrangement.

Wamakko and Marafa have since confirmed the ongoing truce talk, and said it was in the interest of their party and the generality of Nigerians.

With the accord, our correspondent reports that some of the committees allocated to the PDP senators may be taken and reallocated to the APC senators.

A senator from Lawan’s camp told our correspondent that they are planning to complete the truce talk before the end of the Easter break.

“We have agreed to legalise the newly created committees. We also agreed to adjust the membership of the committees to carry members of our party along. We are yet to finalise talks on the last condition which is to respect our party’s position,” he said.

One of the senators in Saraki’s camp who attended the meeting told our correspondent that the truce move was yielding the desired result.

“If you look at the Senate now, you will appreciate the importance of our truce talks. It is our party that Nigerians voted for and not the PDP, so we will not allow them to hijack our success,” he said.

To counter the APC moves, the PDP senators on Wednesday through Thursday had marathon meetings where the issue and others were discussed. The PDP National Chairman, Senator Ali Modu Sheriff attended the first leg of the PDP Senate caucus.

One of the senators that attended the meeting said they reviewed the strengths and weaknesses of their party.

“You know the National Assembly, particularly the Senate, is our political armoury and arsenal. We will utilise it very well to launch our party,” a senator from the southeast said.

But in a communique issued at the end of the meeting, the Senate minority leader, Godswill Akpabio, said INEC had no reason whatsoever to withhold the results of Rivers State rerun elections, where three senatorial seats are being contested. 

The PDP senators also called on President Muhammadu  Buhari  to support the ongoing commission of enquiry investigating the killings in the Rivers re-run elections with a view to bringing perpetrators to justice .

The communique reads: “The caucus noted the reports from the just concluded rerun elections in Rivers State, particularly the declaration of results in units, wards and local government collation centres and resolved accordingly:

“That lNEC should as a matter of urgency, release the outstanding results in the Rivers State rerun elections particularly results that were collated from all polling units/wards/local government areas in their possession with immediate effect.”

How APC, PDP stand at Senate

Our correspondent reports that at the inception of the Senate in June last year, the APC had firm control of the upper chamber with 59, PDP 48 senators and the seat of Borno Central was vacant.

The parties maintained the number until in November when Baba Kaka Bashir Garbai was sworn for the Borno Central senatorial district, thus APC added one, making 60.

It was observed that the nullification of some senatorial district elections in November and December gave PDP an upper hand at the red chamber.

In the north, the PDP won two senatorial seats in Nasarawa South and Kogi Central, while the APC only got one, Taraba Central.

At the moment, the APC has 58, PDP 44 and LP has a senator in the person of Ovie Omo-Agege of Delta Central. The re-run for six senatorial districts are being conducted.

Excerpted from Daily Trust

Battle Against Saraki Still On - Lawan Group Denies Peace Pact

Premium Times - A prominent member of a group of senators opposed to the election of Bukola Saraki as Senate President, has denied that a meeting between his group and supporters of Mr. Saraki, Wednesday, sought to canvass support for the embattled senate leader who is a facing corruption trial.

Kabiru Marafa, the spokesperson of the so-called Unity Forum, said the meeting with the Like Minds group was beyond Mr. Saraki, and was about forging a united All Progressives Congress, APC.

The meeting was rare given the antagonistic past of the two sides. Held at the Asokoro residence of Aliyu Wammakko, a former Sokoto State governor, the meeting had in attendance 10 senators – five from each of the two camps.

Mr. Wammakko had told PREMIUM TIMES “the meeting has brought an end to crisis in the Senate between APC Senators who now support the Senate President, Bukola Saraki”.

A member of the anti-Saraki group also told PREMIUM TIMES they had given conditions for reconciliation. One of the demands was the reconstitution of senate committees in favour of APC senators.

But speaking to PREMIUM TIMES on Wednesday, Mr. Marafa said the meeting was not convened to “rally around Saraki”.

“What brought about the meeting at Senator Wamakko’s residence was the realization that we the APC Supporters should unite in the interest of our party and the objectives of President Muhammadu Buhari,” Mr. Marafa said.

He said in view of Mr. Saraki’s trial the Code of Conduct Tribunal, it was imperative for APC Senators to unite and bury their differences to forestall a situation where PDP will take over the Senate Presidency should Mr. Saraki lose.

Mr. Marafa confirmed that the meeting agreed that the composition of the committees be reviewed.

“Our committees are illegal; so, it is agreed that they will now be according to the law,” he said.

Also, the issue of members of the Unity Forum who were “disenfranchised” in the composition of the committees would be addressed, Mr. Marafa said, adding that “and number three, we should be united and work together as one party because of our party and the government of President Muhammadu Buhari”.

“Burying our differences to work together as one or saying no more crisis with our colleagues who supported Saraki is not same as saying we backed down and rallied around the Senate President at this time,” Mr. Marafa in reaction to PREMIUM TIMES’ earlier report on the meeting.

“That is capable of damaging my reputation and character. I have been receiving calls since morning from everywhere from people asking if we were abandoning the struggle.

“I would have made all the money in the course of this fight. I would have got any committee I wanted. But we have stayed firm. So, why will I now announce rallying around Saraki?

“The meeting is about our party and government, not anybody,” Mr. Marafa said.

CCT Trial: FG In Dilemma, May Withdraw Suit Against Saraki

The prosecution in the ongoing trial of Senate President, Dr Bukola Saraki, appears to have run into fresh dilemma following the release of a legal opinion from the Ministry of Justice, which faulted the procedure for initiating prosecutions at the Code of Conduct Tribunal (CCT).

The legal opinion, which was originally released in respect of the case filed against the former Minister of Niger Delta Affairs, Elder Godsday Orubebe and which informed the withdrawal of the suit against the former minister at the CCT, had indicated that failure of the prosecution to obtain a statement from the suspects before filing that case was highly detrimental to the success of the suit.

Sources at the ministry confirmed that in line with the legal advice, the government, last week, withdrew the suit bordering on false asset declaration against Orubebe.

Sources confirmed that the decision to withdraw the charges was based on a legal advice from the Federal Ministry of Justice. in which it was strongly canvassed that the case against Orubebe as presently constructed and filed was fundamentally defective.

The Legal Advice issued by the Ministry of Justice, according to sources, was to the effect that since Orubebe was not invited to make a statement before he was dragged to the trial, the process might have negated the provisions of Section 379 (1) (a) of the Administration of Criminal Justice Act 2015.

The section lists prerequisites for embarking on criminal trial, indicating that one of the main items is the “copies of statements of the defendant.”

The Act also mentioned other ingredients of a trial to include the list of witnesses; list of exhibits to be tendered; summary of statements of the witnesses; copies of statement of the defendant, as well as other documents, report, or material that the prosecution intends to rely on for the prosecution.

The new criminal administration law also indicates that the prosecution must produce particulars of bail or bond, particulars of place of custody, particulars of plea bargain arranged and particulars of any previous interlocutory or remand proceedings in respect of the charge.

Legal luminaries at the Ministry of Justice were said to have told the Federal Government that without the statement of the defendant, the case could easily run into a hitch, adding that a similar situation led to the striking out of the suit filed against former governor of Lagos State, Senator Bola Tinubu, in 2012.

A source had said: “That case against Saraki is already being encumbered by emerging details. The withdrawal of the suit against Orubebe is a clear pointer to the contents of a legal opinion in the Ministry of Justice, having looked at the contents of the Administration of Justice Act 2015.

Saraki’s counsel, Chief Kanu Agabi, had also last week, argued before the CCT that the Senate President’s case should be handled the same way as that of Tinubu, who was discharged on the basis of the failure of the CCT to invite him for his statement before the trial.

Agabi had told the CCT last week that panel that the case against Saraki was flawed since the Senate President was not invited to clarify issues concerning his asset declaration form before he was charged before the CCT.

He had submitted that the failure of the CCT to act on the asset declaration forms of Saraki for 13 years should constitute a peril to the suit.

He told the court: “If for any reason, the defendant has committed any offence he should be informed. The defendant has not been given any opportunity to defend himself against the charges. The AGF has no jurisdiction to prefer the charges and, therefore, the Tribunal has no jurisdiction to hear it. 

“Under our constitution, the moment a man comes under justifiable suspicion, he must be informed promptly of the reasons for the suspicion.”

Source: Nigerian Tribune

BREAKING: Saraki Wins First Battle Over CCT Trial

Senate President Bukola Saraki, won the first part of his battle to stop his trial at the Code of Conduct Tribunal, by letting tribunal hear his motion over jurisdiction.

Government lawyer, Rotimi Jacobs told the Tribunal he has been served with defendants motion dated 4 March, 2015.

But he argued that going by sections 220, 221 and 396 of the Administration of Criminal Justice Act, the motion cannot be moved before beginning of hearing of the substantive case.

“The only thing the court can do now is to proceed to trial. I want Your Lordship to determine the issue now,” Jacobs said. He further explained that the of ACJA stipulated that technical objections cannot be raised during trial.

He added section 396 (2) said after a plea has been taken, the defendant can raise any objection which can only be considered alongside the substantive trial.

According to him, the defendant is challenging the validity of the charges by saying the Attorney General did not have power to filed charges against him or that he was not informed before the charges were filed against him.

Jacobs urged the Tribunal to enforce the ACJA to ensure that justice is done according to the law. Jacob said the court should allow the prosecution to call his witness.

Kanu Agabi, for Saraki said the defence is happy to be in court and the opportunity to defend him.

He argued that motion is part of administration of justice and the Tribunal should hear it.

He reminded the Tribunal Chairman that he ruled last Friday that the motion would be argued today.

The defence counsel said the motion is challenging the juridisction of the tribunal to hear the case.

Justice Umar however ruled that he is ready to hear the motion as anything done by the Tribunal without determination of the issue of juridisction will be nullity.

Agabi is about to move the motion now.

Source: PM News