Saraki CCT Trial: Tribunal Chairman Likely Be 'SACKED' Tomorrow

PM News - The Code of Conduct Tribunal (CCT) will on Thursday, April 28, deliver its ruling on an application filed by Senate President Bukola Saraki, seeking disqualification of CCT chairman from presiding over his trial.

The tribunal fixed ruling for April 28, after listening to the submissions of counsel.

Saraki had accused the chairman of the tribunal Justice Umar Danladi, of bias and insisted that he cannot get justice under his chairmanship.

Counsel to Saraki, Mr Raphael Oluyede, told the tribunal that the continued presence of Danladi on the panel offended the provisions of Section 36(1) of the Constitution of the Federal Republic of Nigeria.

Oluyede claimed that since the EFCC is largely responsible for the trial and investigation of the N10 million bribery allegations against the chairman, there is no way the chairman will be objective and impartial in the case.

He asked the chairman to disqualify himself from further entertaining the matter.

In his argument, the prosecuting counsel Rotimi Jacobs (SAN), prayed the tribunal to dismissed the motion for lacking in merit.

Jacobs said that the argument of Saraki`s lawyer defy the understanding of legal minds.

He said EFCC investigation remains an investigation, and the CCT chairman was investigated and cleared by the EFCC, he has not been charged before any court.

Jacobs, however, said that Saraki is under trial and he is still serving as Senate President and the defence lawyer was asking the CCT chairman to disqualify himself from trying Saraki.

He said it was a clear misconception of law to argue that because EFCC is investigating CCT chairman, then he should disqualify himself from the trial.

He said the EFCC had concluded investigation in the matter since March, 2015 and issued a clearance letter to the CCT on March 5, 2015.

“My lord, this application is meant to embarrassed your lordship as it was said at the Supreme Court, my lord, there is nothing in this application worthy of notes.

“This is not an EFCC case, it is the Attorney General of the Federation that gave me the fiat to prosecute the matter,” he said.

Jacobs urged the tribunal to take judicial notice of the series of harassment done it by the defence.

“My lord, no one should be above the law, attempt have been made to amend the CCB/CCT Act because of this trial.

“The prosecution is harassed, they went to different courts with the same motion, but never succeeded all in an attempt to frustrate this case” he said.

He said the issues raised are based on sentiment and matters of sentiment have no place on law.

Jacobs said Mr Oluyede has never appeared for Saraki at this tribunal as at the time he filed the motion.

“He is not a counsel on record as at the day he filed his motion and he predicated his case on wrong assumption that EFCC is a party before the tribunal.

Saraki's Trial: Heated Argument Ensues At Tribunal Today, Read Full Text Of Proceedings (2)

CLICK HERE TO READ FROM BEGINNING

Agabi: My Lord, My Lord, My Lord, I thank you. If I could speak with you on my knees, I would
Agabi: More and more people will make you angry my Lord. Will you send them all off to the prison?
Justice Umar : He exchanged words with me. Does he have right to do that?
Agabi: No he doesn't. Forgive him my Lord
Justice Umar: I have already closed thay chapter.
Agabi: Thank you my Lord. (To prosecution) you will always be my brother
Kanu Agabi takes his seat as Paul Usoro continues his cross examination of the witness
Defense: I am told that the last entry was 16/4/2010 of $84,000 on page 8
Defense: Michael correct?
Witness: That's right my Lord
Defense : On page 9, 18/5/2010, $134,000 transaction was carried out
Defense : 21/6/2010, $64,000 was made..still on that page 9. On 29/7/2010, $80,984 transaction was also made

Defense: On page 10, 2 transactions took place. 1st on 31/8/2010 for $100,000
Defense: After that, $18,000 was made on 2/9/201
Defense: On page 11, on 11/10/2010, $48,900 and 8/12/2010, $183,232.46 were made
Defense: page 12, 31/2/2011, $32,687 and on 22/3/2011, $30,656.74 were transactions made
Defense: $40,730.85 was transaction made on 8/5/2011.
Defense: $111,444.79 and on 19/7/2011, $43, 651.92 were transactions reflected on page 13
Witness: That's correct
Defense: page 14 now. On 16/8/2011, $91,738 and then 26/8/2011, $10,000 were figures entered
Witness directs defense to 29/8/2011 where transaction of $65,000 was done
Defense: 27/8/2011, $112,140.80 was entered.
Prosecution draws the attention of the defense to page 15 where a transaction of $1,121.41 was entered on 27/9/2011
Defense draws witness 's attention to a charge on a major transaction to which prosecution needed clarification
Defense: Page 16, 14/12/2011, $86, 872.10, on 4/1/2012, $50,000, on 27/1/2012, $145,000 were entries made
Defense: Page 17, on 30/01/2012, $7,000, on 10/2/2012 $94,754.63 and 20/2/2012, $77,000 were entries made
Defense: page 18, 29/3/2012, $70,648.44 was entered. On 12/4/2012, $60,000 and on 11/5/2012, $70,000 were entered
Defense: still on that page 17/5/2012, $55,000 was the entry entered. 4 major entries, Michael
Again Justice Umar wonders why the defense feels the need to take the tribunal through this long process.

The tribunal now calls for a 30 minutes recess to reconvene at 1:30 pm
Justice Umar: Do you want us to die here?
Court dissolves into laughter
Usoro: I am sorry my Lord. We are almost there
Defense : Page 19, 12/6/2012, $89,411.74, 4/7/2012 for $70,000 and on 16/7/2012, $138,000 were entries entered
Defense: Page 20 now. On 5/9/2012, $45,000,
Witness: that was on the 6th
Defense corrects himself
Defense: 24/9/2012, $45,308 and on 11/10/2012, $130,400 were transactions carried out
Witness confirms that those are the only transactions made on said page
Defense: page 21 on 18/12/2012, $4,153. Defense draws witness attention to a major transfer of $560 on 17/1/2013
Defense: Now page 22.
Witness : there is no major transfer there
Defense: That's all as far as that doc is concerned
Defense: the narration in all these is dt d only name to which those transfers are made is American Express Services Ltd Europe
Witness: That's the destination of the transfers
Defense to Justice: destination as in where the money is transferred to
Defense: I will ask you general questions regarding GTB letter on page 37 of the Exhibit for count 12
Defense: in other words gtbank by its letter of 1/4/2014 forwarded the certified true copies of instruments
Witness : That's correct.
Defense: I am more interested in the tekex messages
Witness: some were sent and relate to count 12
Justice Umar takes a look at his time
Defense: I could break even now my Lord
Justice Umar: We can take a break now to continue later refreshed & strong
Defense: page 21 on 18/12/2012, $4,153. Defense draws witness attention to a major transfer of $560 on 17/1/2013
Defense :we thank your Lordships for your indulgence. Thank you very much my Lord. 1:30 pm is fine for reconvergence
The tribunal now calls for a 30 minutes recess to reconvene at 1:30 pm

Saraki's Trial: Heated Argument Ensues At Tribunal Today, Read Full Text Of Proceedings

At exactly 10:40AM, Justice Danladi Umar enters the court room as proceedings for the day begins. All rise!
And the matter before the tribunal is read out. SP bukolasaraki takes to the dock ‪#‎CCTvsSaraki‬

Rotimi Jacobs, lead prosecutor names 6 people as companying the prosecution team as usual while Defense counsel Ajibola Oloyede, reads out names of about 51 lawyers on their team

Defense wants to draw the CCT for a motion they earlier filled. Prosecution says the matter for the day is cross examination
Rotimi Jacobs says defense lawyer Ajibola Oloyede tried to serve him a motion yesterday
Prosecution says Oloyede has never appeared before the tribunal b4 & d motion should have been filed thru lead defense counsel
Prosecution says Oloyede also served his lead defense counsel motion the same time his was served
Prosecution says there was no address of the lead defense counsel on the new motion Oloyede wanted to file
Prosecution: as at the time Oloyede filled the motion, he was not a counsel here. This motion is not right for hearing here
Prosecution: as at the time Oloyede filled the motion, he was not a counsel here. This motion is not right for hearing her
The motion in question says Justice Umar is still under investigation by the EFCC
Justice Umar: that motion has no business in this tribunal.
Oloyede tries to speak and Justice asks him to sit down!
Prosecution urges his Lordship to be patient with him as he will attach every relevant document to the motion Oloyede filled
Justice Umar chides members of the inner bar for not leading by example. 'How can you allow such a thing to happen', he asks
Justice Umar says Oloyede filled his motion as an individual and not as a counsel to the defendant
Justice Umar: that motion as long as the CCT is concerned is of no consequence is therefore thrown away
Justice Umar says members of the Bar are Ministers of Justice. Says it is 'so shameful and unfortunate
Oloyede says 'he is not aware that the lead counsel is not aware of the motion filled.
Oloyede : your Lordship has the right to rule over our application no matter how foolish or insignificant it may be

Defense: see? We are making progress.
The narration is exactly the same as the one mentioned before
Witness: When investigating this matter, I was asked to give account of everything found
Witness: from our investigation, every transaction relating to American Express Europe Services was computed.
Defense: like I said, the other entries on that sheet you are with relate to the charges on those major transfers
Witness: I said so earlier
Defense points witness to Page 7 11/11/2009 where $127,187.41 transaction was made. That is a major one right?
Witness: Yes my Lord
Defense: Alright
Defense: On 15/12/2009, $43,318.26 was another major transaction carried out right?
Witness: yes
Defense: On that same page, on 7/01/2010, $140,319.04 was another major transaction carried out right?
Witness: That's correct
Defense: The rest of what is on that page are merely charges after every major transaction
Witness: Yes
Defense: In pg 6, on 18/2/2013, $97, 139.99 was the only major transfer to American Express. Correct?
Witness: Yes
(5)
Defense: I haven't asked the witness to read out every detail on the document. The prosecution is wrong on that
Defense: And my Lord, what if we add up all these numbers and they don't add up to the total stated by the witness?
Defense: He is the lead investigator. It isn't such a difficult thing to do, is it?
Justice Adatze cuts in and asks defense to cross examine witness on the particular transactions he has issues with
Defense points witness to numbers on the statement. Witness says they are charges on the transaction
Defense: there is one for $6.46.
Witness: those are charges on transactions
Defense: so you are saying they don't form part of the total amount?
Witness: I can't conform until it is recomputed.
Defense: let that be put on record
Witness repeats dt he can't confirm if charges form part of d amt indicated in counts 11/12
Justice Umar: Let's put this clear first. We are on count 12, isn't it?
Defense: yes My Lord
Defense points witness to page 5 where a transaction was done on 8/9/2009 for $127,174.05
Defense: the narration is swift transfer FX Dr Bukola Saraki /American Express Services Europe
Defense: there is another major transfer on 21/10/2009
Witness : That's another major transfer

Agabi: Please be patient with us my Lord. Be patient with him. I make mistakes. No one makes more mistake than myself
Agabi now draws inferences from his childhood and primary school education and how he overcame his weakness
Agabi: I have learned not to judge people by their appearance. My Lord, don't judge me by my mistakes
Umar explains that Oloyede ' s motion was filled, not when he was a member of the defense team and hence he thrashed it
Umar: I wanted to commit him in court for contempt but for the intervention of his colleagues. That's why he sits here
..continue reading from HERE

Source:Kenny Ola Adebanjo

No-Nonsense Tribunal Chairman Throws Saraki's Lawyer Out of Court; You'll Be Shocked Why

TheCable - Danladi Umar, chairman of the Code of Conduct Tribunal (CCT), has asked security to throw out Raphael Oluyede, one of the lawyers of Senate President Bukola Saraki, for talking back at him.

Umar also “threw away” an application by Saraki asking him to withdraw from his trial.

Speaking on the application, the CCT judge said: “This motion filed by a mere busybody legal practitioner is not accepted by this tribunal.

“Members of the inner bar, you are to guide him. How can you allow such a rubbish thing from him?

“This motion is of no consequence. As far as this tribunal is concerned is thrown away.”

A verbal melee had ensued when Oluyede asked the tribunal to give him room to speak on the application.

But Umar overruled his request and ordered him to sit down.

Oluyede refused to obey the order, a shouting match then started.

In the heat of the argument, an angry Umar ordered police officers at the tribunal to throw his “challenger” out.

The courtroom immediately broke into loud murmurs, and tension was palpable. However, the presence of security men stopped the situation from degenerating any further.

In the application filed by Oluyede, and seen by TheCable, the senate president asked Umar to disqualify himself from the case on the grounds that he was biased.

The application, which was filed on Wednesday at the CCT, read in part: “An order disqualifying/recusing the Honourable Justice Danladi Umar (Chairman of this tribunal) from sitting on the panel of this tribunal for hearing and determination of the charges filed in these proceedings for the reason that his continued presence on the said panel of this tribunal offends the provisions of section 36 (1) of the constitution of the federal republic of Nigeria which prescribes that ‘In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality.’

“A likelihood of bias by the tribunal against the appellant… undermines and withdraws from the tribunal, the jurisdiction which it is normally endowed….”

Saraki Perfects Another Trick To Stall CCT Trial

In a desperate bid to stall his trial at the Code of Conduct Tribunal, the Senate President, Dr. Bukola Saraki, has filed another application before the Tribunal, to stop his ongoing trial on charges of alleged false asset declaration.

Dr Saraki is asking the tribunal chairman, Danladi Umar, to disqualify himself from the suit.

Punch reports that in the fresh motion filed before the CCT on Tuesday, the Senate President is asking Umar to disqualify himself from the trial on the basis that the tribunal chairman is allegedly under criminal investigation by the Economic and Financial Crimes Commission.

He alleged in the motion that Umar would likely be biased in the handling of his trial since the EFCC which is allegedly leading the prosecution of the Senate President before the CCT is also investigating the tribunal chairman.

The application was filed before the CCT by Mr. Raphael Oluyede, who has not been part of Saraki’s defence team before the CCT.

Oluyede was the lawyer who filed the case seeking to stop Saraki’s trial but which was dismissed by Justice Abdu Kafarati of the Federal High Court in Abuja last Friday.

At Last EFCC Names Sources Who Expose Saraki's Atrocities, How He Looted LG Funds, Teachers' Salaries, Others

The first prosecution witness Mr. Michael Wetkas, on Tuesday said charges of false asset declaration against Saraki were a product of information leaked to the Economic and Financial Crimes Commission by whistle-blowers.

Wetkas, who completed his three days of testimony on Monday, is an EFCC operative who led the inter-agency team which investigated the allegations leading to the charges preferred against Saraki.

He said while being cross-examined by the Senate President’s lead defence lawyer, Chief Kanu Agabi (SAN), on Tuesday that his team was set up in 2014 after which the EFCC’s management briefed him and his colleagues on the team about the “intelligence” received on Saraki.

Fielding questions from Agabi, the witness said though he did not get to see the intelligence report received by the EFCC management, the documents attached to it, such as Saraki’s statement of account and telex transfers, were handed to his team.

“This investigation is an offshoot of the analysis of the intelligence report we received,” he said.

After the defence lawyer faulted the claim, contending that there was no intelligence report received by the EFCC, the witness said, “I did not say that the CCT cannot see the report.

“I am under oath and if there was no intelligence, I wouldn’t have come to this court and testify.”

“Intelligence sometimes comes orally, sometimes it comes in writing submitted to authorities of the commission by whistle-blowers.

“In this particular case, I said this under oath, documents were handed over to my team with a briefing.

“Those documents formed the take-off of the investigation by my team in 2014.”

During the cross-examination, the witness confirmed that one of the two other members of his team, Nura Bako, was present in court during the Tuesday’s proceedings.

He stated, “The investigation by three of us in my team was based on intelligence and the documents. We were also told that there were also ongoing investigations by other teams with respect to the defendants by the commission.

“The intelligence revealed to us a lot of assets acquired by the defendant and we liaised with the Federal Government and the Code of Conduct Bureau to conclude our investigation.”

When confronted with the asset declaration forms submitted by Saraki to the CCB in 2003, 2007 and 2011, Wetkas confirmed that they bore the stamp to show that they were examined by the bureau.

Earlier in his cross-examination on Tuesday, Agabi dwelt on the details of about four petitions tendered by the prosecution in the course of the trial, accusing Saraki of looting Kwara State’s treasury while serving as governor of the state between 2003 and 2011.

Agabi said he took the decision to cross-examine Wetkas on the petitions in order to challenge the contents and because they were tendered through the witness by the lead prosecution, Mr. Rotimi Jacobs (SAN).

Wetkas, in response to wide-ranging questions relating to the petitions asked by Agabi, insisted that the allegations contained in the petitions were not the basis of the investigation which his team conducted leading to the charges of false asset declaration preferred against Saraki.

The petitions, which he was confronted with by Saraki’s lawyer, were earlier admitted as Exhibits 10 to 13 by the tribunal.

The petitions, which were sent to the EFCC in May and June 2012, were authored by a group, Kwara Freedom Network.

Wetkas confirmed under cross-examination that the petitions were written about one year after Saraki left office as Governor of Kwara State.

He confirmed that none of the petitions had to do with the allegation of false asset declaration which is the subject matter before the tribunal.

In the petition dated May 2, 2012, marked Exhibit 10, the petitioners asked the EFCC to probe alleged fraud in the management of Shongai Farm Holdings.

Exhibit 11 is a petition addressed to the EFCC and dated May 2, 2012.

The petition appealed to the EFCC to “save  Kwara State primary schools from total collapse”.

It was alleged in the petition that teachers’ salaries were inflated by Saraki and through the alleged fraud, he (Saraki) was able to receive more than the necessary allocation for teachers’ salaries.

Wetkas, while responding to a question, said he did not obtain the statements of the signatories to the petitions – Akogun Iyiola Oyedepo and Alhaji Hassan Atanda – because they were not material to the investigation which his own team conducted.

Exhibit 12 is a petition against Saraki dated May 2, 2012, which was also addressed to the EFCC.

The petition asked the EFCC to investigate borrowings by the Kwara State Government for projects described as “phoney”.

Exhibit 13 is a petition dated June 7, 2012, which was addressed to the EFCC and copied the Independent Corrupt Practices and other Related Offences Commission, the Presidency and the Kwara State House of Assembly.

The petition accused Saraki of misuse or misappropriation of monthly revenue account of the 16 Local Government Areas of Kwara State.

While ending his questions on the petitions to Wetkas,  Agabi said, “I put it to you that all the agencies did not take any action on it because on the face of it, the petition was frivolous.”

Meanwhile, the CCT chairman, Umar, on Tuesday adjourned the case at about 6.38pm till Wednesday (today) after he overruled another request by the defence team for a one week adjournment.

The defence had sought the adjournment to enable its team to study some documents tendered by the prosecution and admitted by the tribunal on Monday.

But Umar said the tribunal, having ruled on Monday that the trial would proceed on a day-to-day basis, as stipulated under Section 396 (3) of the Administration of Criminal Justice Act, 2015, it could not turn round to take any contrary decision on the matter.

“The tribunal cannot approbate and reprobate,” he held.

Punch Newspaper

Drama As Saraki's Lawyer Clashes With Tribunal Judge, Says He Might Die If The Trial Continues

The trial of the Senate President, Senator Bukola Saraki on Tuesday took a dramatic twist as the Senate President’s lead lawyer, Kanu Agabi engaged the Code of Conduct Tribunal Chairman, Danladi Umar in a heated argument over adjournment of the trial.

This happened shortly after the tribunal resumed sitting after the matter was stood down for over one hour.

Upon resumption of sitting, Agabi moved for the adjournment of the matter to allow him time.

Agabi said, “My lord, we need time to rest, you worked so hard as a lawyer and till now still working hard. We need time to rest.

“This profession is destroying its professionals as we are made to sit in for a whole day during some proceedings. I know many of my colleagues who have died and their wives are now widows because of this kind of action.

“All I ask for is an adjournment to allow us rest.

“As early as 2am, I’m in my office preparing for this matter so I beg for time.”

But the tribunal Chairman who was becoming furious turned down the appeal, saying the matter is a summary one and as such must go on.

“We just got back from break and you are asking for an adjournment?

“This matter is a summary one and we want to get it done with as soon as possible.

On the matter taking a whole day, Umar said, “This is the price we have to pay, the matter must continue today.”

Cross-examination of the witness continues.

Insult Upon Injury? CCT Chairman, Keeps Saraki Waiting For Hours ‘Without Apology’, Read Updates

Danladi Umar, chairman of the Code of Conduct Tribunal (CCT), on Tuesday kept Senate President Saraki waiting for an hour and 40 minutes.

Saraki, who had briefly presided over the senate, arrived at the CCT at 12pm.

Umar had announced on Monday that the trial of the senate president for false declaration of assets would continue at 12pm on Tuesday. But he arrived at 1:40pm, keeping Saraki, senators, lawyers, journalists and some guests waiting.

The CCT chairman did not offer an explanation or an apology for his lateness. He just sauntered straight into the courtroom and asked registrar to call the case.

Although this is not the first time the CCT chairman has come late to court since the trial started, it is the first time he is arriving the courtroom later than 30 minutes after the scheduled time.

TheCable