Saraki’s Trial: Drama As Bible, Quran, Moses, Pharaoh Take Over Court Proceedings

The trial of Senate President Bukola Saraki on a 13-count charge of false assets declaration assumed a religious coloration  for a few minutes on Monday with the Quran,the Bible and Moses making incursions.

The descent into  religion began when Mr. Umar shortly after the court resumed from a short adjournment informed the defence team that their request for day to day records of the court  proceedings can no longer be entertained as it is becoming too burdensome on the registry of the Tribunal.

Mr. Umar also said asking the court to produce the day to day records of proceedings is not in accordance with the rule of court.

“We are not going to abide by notice of proceedings day by day. We are not bound to give you records of proceedings day by day,” said Mr Umar.  He added that the defence can only demand for the records of the court if they are going on an appeal.

But he had hardly finished when Kanu Agabi, the lead defence counsel rose up in protest. “My Lord, the Quran said it is not good anytime you raise up your hand, it comes down empty,” Kanu, a Pentecostal Christian said.

“Everyday, we raised our hands to you, we returned empty,” the Senior Advocate of Nigeria said implying that the Chairman of the Tribunal always turned down the request of the defence team.

Mr. Umar, a Muslim quickly interjected that he has been conducting proceedings at the Tribunal in a very fair manner.

And to also justify his action, Mr. Umar said before God, he will weigh plausibility  of any request before granting it and even if the request will be granted it may not be immediate.

To back up his claims, he also made allusion to the Bible, pointing out that when Moses asked God to destroy Pharaoh, the request was granted but it took 40 years for it to manifest.

He added that producing the day to day records of proceedings will be too burdensome as it will mean the court registry staff would have to wait behind after the court closes at 6 pm, especially now that the trial will be conducted on a day to day basis to type it.

“At times you finish by 5 pm and you expect the registry to wait and type, it is too burdensome,” he said.

Paul Usoro, SAN a member of the defence team further tried to persuade  Mr Umar to change his mind.

Usoro said it is not true that the court records can only be applied for when the parties are going on an appeal.  “This is a major trial and it is important that the records are available to the defence,” Usoro said.

The Chairman stuck to his gun, insisting that it will not be possible to provide daily records to the defence team if the trial is being done day by day.

But the defence said they are not the ones that imposed the day to day rule.

But Justice Umar insisted that the court will make   day to day the records of the court available and that the defence can apply  for it after a week.

TheNews

Senate In Fresh Plot To Scuttle Saraki's Trial, Summons Tribunal Judge, What The Fearless Judge Said Will Shock You

Senators may have set the stage for a major confrontation between them and the Code of Conduct Tribunal (CCT) over Senate President Bukola Saraki’s trial for alleged falsification of assets.

The Senate Committee on Ethics, Privileges and Public Petitions yesterday summoned CCT Chairman Justice Danladi Umar over allegations of corruption against him.

The invitation, coming on a day Justice Umar said Saraki’s trial will run daily,  appeared a new twist to the matter.

In a letter signed yesterday by the Clerk of the Committee, Freedom Odolo,the Senate asked Justice Umar to appear unfailingly by 2pm on Thursday.

But Justice Umar replied the committee that he has a court sitting on Thursday and throughout the week.

He said he would not be available until after the court sittings, which is on Saraki’s trial.

The invitation letter was delivered to the CCT chairman shortly after he ruled that the tribunal will be sitting daily from 9am to 6pm.

The committee said: “Your letter with reference number CCT/HQ/ 126/S/ 111/ 515 dated 1st April, 2016 in which you requested for more time to enable you attend the hearing was received.

“After due consideration of your request, the Committee rescheduled the hearing to give you at least two weeks from the 4th of April when you should have appeared.

“Accordingly, you are now required to appear unfailingly as follows: Thursday, 21st April, 2016, Meeting Room 120 New Senate Building, National Assembly Complex. Time: 2pm

“Please, remember to come personally along with 12 copies of any written submission you may wish to present.”

A source said: “The battle line is drawn between the Senate and the CCT chairman. Some Senators are angry over his decision to allow the tribunal to sit from 9am to 6pm.

“They saw the CCT Chairman’s decision as a plot to deny Saraki any opportunity to preside over the Senate plenary throughout his trial.

“Now, these Senators have also launched a counter-attack against the CCT chairman by revisiting the outstanding petition against the judge.

“Shortly after the CCT chairman decided to be sitting daily till 6pm,  a letter came from the Senate Committee inviting Justice Umar on the outstanding petition against him.”

But a source in CCT said: “The judge has asked the Registrar of the tribunal to write the Senate committee that he has a court sitting on Thursday and throughout the week and won’t be able to honour the summons.

“The CCT Chairman’s letter was sent last night to the committee.”

TheNation

The Account Of Saraki's CCT Trial Today, How He Purchased Ikoyi Residence – Witness Explains

The prosecution led by Rotimi Jacobs has tendered Assets Declaration Form of Nigeria’s senate president, Bukola Saraki as evidence and it has been accepted by the Code of Conduct Tribunal led by its chairman, Danladi Umar.

The defence as usual reserves its objection to the document.

Led in evidence by Jacobs, Michael Wetkas, the first prosecution witness said 15A Macdonald Ikoyi was bought from the Presidential Implementation Committee on sale of FG Properties in the name of Tiny Tee Ltd.

He told the court that the defendant declared 15A and 15B as his property, but when EFCC wrote to Presidential Committee to verify the property, they responded that from their records, the property is no 15, Mcdonald Ikoyi Lagos and another one is Flat 1-4 Macdonald, Ikoyi Lagos.

The letter to the Implementation Committee on Sale of Federal Government Properties from the Investigation team and their response was tendered in court.

The witness said Tiny Tee paid 75 per cent cost of the property which is N123, 750 million from the account of Skyview Properties in Access Bank, then Intercontinental Bank.

When asked by the prosecution counsel who is the owner of the company, Wetkas said Saraki has declared the Company as his own.

He however said the Implementation Committee could not provide a copy of the draft for the payment and Access Bank too could not get a copy of the draft, but instead they referred his team to the Skyview Properties Ltd account in Access Bank where the draft was cleared and also furnished his team with the certificate of the account and opening packages for the account.

Certificate of Identification, Account opening packages, draft for the payment tendered and accepted court.

PM News

CCT Verdict: PDP's Ekweremadu Takes Over The Senate Presidency

The Deputy Senate President, Ike Ekweremadu may from now to take charge as the de facto Senate President following the new verdict by the Code of Conduct Tribunal Chairman, Justice Danladi Umar earlier today that henceforth, the corruption trial of the embattled President of the Senate, Dr. Bukola Saraki will now be on daily basis from 10am to 6pm.

The new modus operandi means the Senate President will always be present at the tribunal every day during the stipulated time and will have no time for any legislative functions.

Justice Danladi Umar of the Code of Conduct Tribunal, CCT has ruled that the ongoing trial of Senate President Bukola Saraki will henceforth be conducted daily. 

At the resumed hearing today April 18th, Justice Danladi Umar based the decision on provisions of sections 376 and 315 of the Administration of Criminal Justice Act, ACJA, 2015. 

“Let me state it here for both the prosecution and the defence that the trial of the defendant shall proceed on a day-to-day basis till the conclusion of this matter and it will begin from 10am to 6pm” he said

He said the court would on each day of the trial go on break at 1pm and 4pm

Meanwhile, before today's verdict at the CCT, the Senate President has delegated his powers to his Deputy, Ike Ekweremadu during the last week to preside over the controversial CCT/CCB Acts. A move some analyst perceived as means to shield the Senate President

New election may not hold until the Senate President officially resigns

CCT Judge Changes Modus Operandi Of Handling Saraki's Trial

The Code of Conduct tribunal handling the 13-count charge of the embattled President of Nigerian Senate, Dr. Bukola Saraki has this afternoon changed the modus operandi of the trial.

Justice Danladi Umar of the Code of Conduct Tribunal, CCT has ruled that the ongoing trial of Senate President Bukola Saraki will henceforth be conducted daily. 

At the resumed hearing today April 18th, Justice Danladi Umar based the decision on provisions of sections 376 and 315 of the Administration of Criminal Justice Act, ACJA, 2015. 

“Let me state it here for both the prosecution and the defence that the trial of the defendant shall proceed on a day-to-day basis till the conclusion of this matter and it will begin from 10am to 6pm” he said

He said the court would on each day of the trial go on break at 1pm and 4pm

CCT Trial: I'll Be VINDICATED If... - Saraki

Senate President Bukola Saraki has expressed optimism of being vindicated of charges of alleged false declaration of assets, for which he is currently standing trial at the Code of Conduct Tribunal (CCT).

In a statement by his special adviser on media and publicity, Yusuph Olaniyonu, Saraki said he was happy that the trial has commenced and that he was confidence that if the trial was conducted fairly, he would be vindicated.

The senate president is standing trial on a 13-count charge of false declaration of assets while he was the governor of Kwara State.

In spite of his optimism, Saraki moved to stall the commencement of the trial today by asking the Abuja Division of the Court of Appeal to order a stay of proceedings of his trial at the CCT.  But the chairman of the tribunal,Danladi Umar, ruled that the application before the Court of Appeal cannot stop the commencement of trial based on the provisions of the Administration of Criminal Justice Act.

While the embattled Senate president has continued to brush off allegations of wrongdoing concerning his assets declaration, his wife was named in the “Panama Papers” investigation into a trove of 11.5 million tax documents leaked from Panamanian law firm Mossack Fonseca, which specialises in creating offshore shell companies.

The Guardian reported that not less than four assets belonging to the Saraki family — all tucked away in offshore territories — were uncovered in the leak. These assets were not declared by the senate president.

Under Nigerian law, it is mandatory for the president, the vice-president, state governors and their deputies to declare their assets along with those of their wife and children under 18 when they take office and before stepping down.

But the Senate President reaffirmed his compliance with the law.

“The property in question forms part of Dr Saraki’s wife’s family asset,” Olaniyonu said on behalf of Saraki. “It is public knowledge that Mrs Saraki comes from a family of independent means and wealth with numerous and varied assets acquired over decades in family estates and investments.”

“Furthermore, the law only requires a public officer to declare both his own assets and those held by his spouse and his children under 18 years of age. The law does not require a public officer to declare assets held by the spouse’s family.

The statement continued: “It is not expected by the law that a public officer should declare such assets held in the spouse’s family estate. Indeed, the Code of Conduct form does not make provision for declaration of spouse’s family assets”, he stated

While commenting on Tuesday’s proceedings at the tribunal, Saraki noted that “though the prosecution tried to bring in some dramatic narratives, it was clear that they were merely thrashing around and hoping to titillate the public with salacious tales.”

He added that he was hopeful, however, that his lawyers will have the opportunity to present his case and prove his innocence of the charges.

TheGuardian

CCT Denies Saraki's Plea With 90 Lawyers To Further Adjourn Trial

Bukola Saraki

Chairman Code of Conduct Tribunal (CCT) Justice Danladi Umar has said that after analysing all the issues raised have come to the conclusion that the matter cannot be adjourned as the Tribunal has ruled that it has jurisdiction to hear the same and the position that has been affirmed by the Supreme Court.

He said since the Tribunal has ruled last week that the trial will commence today and “it is ready to take the witnesses for commencement of trial.”

Saraki who is without is lead counsel, Kanu Agabi (SAN) is in court 90 lawyers.

The Code of Conduct Tribunal had earlier adjourned for 15 minutes to rule on a request by Senate President, Senator Bukola Saraki for the adjournment of trial.

Before taking the decision to take a recess, Paul Usoro, standing in for Chief Kanu Agabi, had in his response to the argument of the prosecution counsel argued that the Tribunal asked the tribunal to strike out the request for stay of proceedings before it if it constitutes abuse of court process.

He also argued that adjournment and stay of proceedings are not the same, hence they were treated differently in law.

He also argued that the principle of law for adjournment and stay of proceedings are different.

Usoro argued that there was no limit to the number of adjournment that can granted by a court in ACJA. He added that this was why the Act prescribe imposition of fines for frivolous request for adjournment.

When proceedings began today, Usoro told Mr Danladi Umar, chairman of the tribunal that he was leading a team of 90 lawyers and apologised for the absence of Agabi, who was stranded in Akwa Ibom by flight difficulties.

Usoro told the tribunal after the senate President had entered the dock and Rotimi Jacobs had also announced his presence as the prosecution counsel that the trial could not proceed as the team had filed a motion for stay of proceedings pending the determination of a substantive appeal at the Federal Appeal Court.

Jacobs said he was served the motion for stay of proceedings about 30 minutes to the commencement of trial. He asked the court to proceed with the trial arguing that a motion filed when a court is about to proceed cannot stop the trial. He also said the motion was filed today 5 April.

“My Lord, we are ready,” said Rotimi.

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.