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.

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

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.

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.

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

The UNTOLD: How Saraki LOOTED Kwara To Buy Properties At London, Lagos, Others

The Code of Conduct Bureau (CCB) and the Economic and Financial Crimes Commission (EFCC) yesterday gave a low-down  on how Senate President Bukola Saraki allegedly looted Kwara State during his tenure  as governor between 2003 and 2011.

The CCB and EFCC in a joint response to the claim by Saraki that his ongoing trial by the Code of Conduct Tribunal (CCT) was a witch-hunt, told  of how Saraki allegedly amassed  properties in Lagos, Abuja and London, using Kwara State funds.

The agencies also detailed how Saraki allegedly siphoned public  funds through  Guaranty Trust Bank (GTB) Plc  into his personal foreign account, and with which he procured a property in London.

The joint response by the CCT and EFCC is contained in the counter-affidavit filed by the prosecution in the trial of Saraki on charges of false assets declaration.

Saraki had, in a fresh motion filed by his new lawyer, Kanu Agabi (SAN), queried the competence of the charge against him and  the jurisdiction of the CCT on the case claiming that  he was not accorded fair hearing by the CCB before he was charged with alleged  discrepancies in his asset declaration forms.

He queried the timing, arguing that most of the offences were allegedly committed about 15 years ago, while he was governor and that he was not confronted with the discrepancies as required under the Constitution, to enable him either agree or deny the discrepancies.

However, prosecution lawyer, Rotimi Jacobs (SAN), armed with the EFCC/CCB counter-affidavit, urged the court to dismiss Saraki’s fresh motion on the ground that it constituted an abuse of court process.

An official of the CCB, Peter Danladi, stated in the counter-affidavit that the investigation of the various petitions of corruption, theft, money laundering, among others, against Saraki in 2010, was conducted jointly by the officials of the EFCC, CCB and the DSS.

“The EFCC conducted its investigation on the various petitions and made findings which showed that the defendant/applicant abused his office, while he was the governor of Kwara State and was involved in various acts of corruption as the governor of the state.

“The defendant/applicant borrowed huge sums of money running into billions from commercial banks, particularly Guaranty Trust Bank, and used the proceeds of the loan to acquire several landed properties in Lagos, Abuja and London, while he was the governor of Kwara State.

“As against the defendant using his own legitimate income to defray the loan, he took public funds, running into billions from Kwara State Governemnt and lodged same in several tranches and in cash into his GTB account in GRA (Government Reservation Area), Ilorin, Kwara State.

“The defendant/applicant’s account officer in GTB confirmed that the defendant/applicant gave him several cash in the Government House to lodge into the account and on some occasions, the defendant sent his aides from the Government House to give him the cash for lodgement into his account.

“When the EFCC submitted its report to its legal department and the Federal Ministry of Justice, the Ministry of Justice formed the opinion that the offences revealed from the investigation, particularly as they relate to  the properties acquired by the defendant/applicant, while he was governor of Kwara State and various monies sent into  his various accounts outside Nigeria can be better handled through the Code of Conduct Bureau (CCB) and Code of Conduct Tribunal (CCT).

“The office of the Attorney General of the Federation (AGF) then sent the findings and the evidence gathered during investigation by the EFCC as a complaint to the Code of Conduct Bureau for investigation and that the operatives of the EFCC would collaborate with the officers of the CCB for effective investigation.

“Our investigation on the CCB Assets Declaration Forms for public officers filed by the defendant/respondent revealed the following:

“The landed property listed as No.42 Gerald Road, Ikoyi was visited by Mr. Ikechi Iwuagwu (Deputy Director, CCB), Miss. Geraldine Longsten (DSS) and Adamu Garba (EFCC) sometime in 2006 and discovered that the property was under construction.

“Contrary to the declaration by the defendant that he was earning an annual income of N110,000,000 from No.42 Gerald Road, Ikoyi, Lagos, there were no tenants in the property as same was an empty land as at the time of the declaration.

“Contrary to the declaration by the defendant that he owned 15A and 15B McDonald, Ikoyi, Lagos as at the time of the declaration in 2003, our investigation revealed that the said properties were acquired in 2006 from the Implementation Committee on Federal Government Landed properties through his companies called Tiny Tee Limited and Vitti Oil Limited wherein he paid the sum of N396,150,000 to the Federal Government of Nigeria.

“The defendant made an anticipatory declaration for the said 15A and 15B, Ikoyi, Lagos. The defendant acquired the properties in the name of two companies because he could not buy two Federal Government properties in his personal name.

“The defendant bidded for and acquired 17, 17A and 17B McDonald, Ikoyi, Lagos from the Implementation Committee on Federal Government Landed Property and paid an aggregate sum of N497,200,000 to the Federal Government between October 2006 and 2007.

“A scrutiny of the defendant’s  salary account with the Intercontinental Bank (now Access Bank)  account No: 0100857813 reveals that his monthly take home salary as at the time he acquired the property was not  more than N500,000 and the defendant acquired properties far in excess of his income.

“While the Federal Government was selling its properties, the Central Bank of Nigeria, being an agency of the Federal Government sold plot 2A, Glover Road, Ikoyi, Lagos for N325,000,000 between 2007 and 2008 to the defendant, which the defendant purchased through his company called Carlisle Properties when he was the governor of Kwara State,” Danladi said.

He added that further investigation by the CCB  revealed that Saraki also acquired a property at Plot 2A  Glover Road, Ikoyi, Lagos through Carlisle Properties Limited, while he was governor of Kwara state and that he has been receiving rent from the property.

Danladi said investigation on the asset declaration forms submitted by Saraki between 2003 and 2011 revealed that he failed to declare his interest in Plot 2A Glover Road, Ikoyi, Lagos ( in his 2011 asset declaration form); No: 1 Targus Street, Maitama, Abuja otherwise known as 2482 Cadastral Zone A06, which he claimed he acquired in November 1996 from one David Baba Akawu (in his assets declaration form of 2003).

Saraki was also said to have failed to declare his ownership of No: 3 Targus Street, Maitama, Abuja, otherwise known as 2481 Cadastral Zone A06, Abuja which he acquired from one Alhaji Attahiru Adamu in his asset declaration form (of June 3, 2011) and No: 42, Remi Fani-Kayode Street, Ikeja,  Lagos, which he acquired through his company, Skyview Properties Limited, from First Finance Trust Limited on December 12, 1996.

“The defendant has a domiciliary account with GTB Plc in Nigeria with account No: 441441953210 from where he made various cash transfers totalling 3.4million US dollar between 2009 and 2012 to American Express Service Europe Limited with account No: 730580 maintained with the American Express Bank, New York and the various sums were transferred into the defendant’s card account No: 374588216836009 maintained by the defendant outside Nigeria.

“Sometime in February 2010, the defendant obtained a loan of N375,000,000 from GTB Plc in Nigeria, which he converted into 1,516,194.53 Pounds Sterling and gave instructions to the bank to transfer the entire sum to the United Kingdom in favour of Forts Bank SA/NV the purpose of which the defendant stated to be the full and final payment of mortgage redemption for the property he purchased in London,” Danladi said.

Arguing Saraki’s motion earlier, Agabi said  that the tribunal lacked jurisdiction to entertain the charges on, among other grounds, that the Attorney-General of the Federation and Minister of Justice lacked the power to file charges before the tribunal.

He also argued that the failure of the Code of Conduct Bureau to invite Saraki to confront him with the breaches in his assets declaration form was fatal to the validity of the charges.

On the contention that his client was not accorded fair hearing by the CCB, Agabi argued that compliance with Paragraph 3(d) to the 5th Schedule to the Constitution must be complied with where issues of breach is raised.

He said that by failing to first invite his client and confront him with the alleged discrepancies in his asset declaration, as required under Paragraph 3(d), before charging Saraki before the CCT, the condition precedent was not complied with, thereby denying the tribunal the requisite jurisdiction.

Agabi argued that the tribunal had struck out a case against former Lagos State governor, Bola Tinubu, on the same ground of non-compliance with the provision of Paragraph 3(d). He urged the court to be guided by its decision in the Tinubu case and strike out the charge against his client.

Responding, Jacobs argued that that submission by Agabi was based on an old provision of the Constitution. He said the Paragraph 3(d) provision referred to by Agabi existed in the 1979 Constitution, which no longer exists in the 1999 Constitution.

His words: “In 1999 Constitution, the Paragraph 3(d) was removed so that the CCB and CCT can function maximally.

“They cannot use old law to defeat new provisions. In the Tinubu case, the tribunal found that it was  misled into giving the decision it gave. The tribunal cannot commit the same error again.

“Assets Declaration is an oath. You go before a High Court to endorse the asset declaration form. It’s like an oath. The consequence of lying is criminal. It is like the law of perjury.”

Jacobs described  Agabi’s argument as embarrassing and self-serving.

Jacobs, who once served as an aide to Agabi while he was the Attorney General of the Federation (AGF), wondered why his former principal would  now argue against the power to initiate proceedings before the CCT.

“On their argument that the AGF cannot initiate proceedings before this tribunal, we are saying that issue, which is their No. 2 is embarrassing. They had earlier argued, up to the Supreme Court, that it is only the AGF that can initiate cases here. They dragged that case before the Supreme Court and lost. Then they have come back here to now argue the opposite, that the AGF cannot initiate a case before the CCT.

“Fortunately for me, I served with the lead defence lawyer (Agabi) as Special Assistant (SA) when he was the AGF. He signed several charges, which I prosecuted before this tribunal on his behalf. Some of these cases included those involving former Minister of the Federal Capital Territory (FCT), Jeremiah Useni,  former Plateau State governor, Joshua Dariye, among others.

“He did not only sign those charges, I represented him. Having benefited and utilised those law, can he now come back to condemn the law? That is embarrassing. And it should not be accepted. The same AGF, who worked with that provision of the Constitution, cannot now argue that the EFCC cannot liaise with the CCB in investigating cases,” Jacobs insisted.

Jacobs argued that the fresh motion by Saraki was an abuse of court process because he had raised similar issues and sought the same reliefs in about four other motions he filed before different courts in the country.

He cited the cases marked: FHC/ABJ/CS/775/15, FHC/ABJ/CS/905/15 and FHC/ABJ/CS/1507/15 already filed by Saraki in attempt to frustrate his trial before the CCT.

CCT Chairman, Danladi Umar, adjourned to March 24 for ruling and possible commencement of trial.

Saraki CCT Trial: FG 'Smells Rat'; Drops Prosecuting Counsel

The Federal Government may have dropped her lead counsel, Mr. Rotimi Jacobs in the ongoing trial of the embattled President of the Senate, Dr. Bukola Saraki if this report according to the Authority Newspaper's report is to go by

According to the Authority Newspaper, the Federal Government has already hired a Lagos Based lawyer, Mr Dipo Okeseyi (SAN) in Rotimi Jacobs's (SAN) stead. Rotimi is reportedly dropped because the newly hired counsel by Saraki, a former Attorney-General of the Federation and Minister of Justice, Chief Kanu Agabi (SAN), was an immediate boss to Rotimi Jacobs when the former was the AGF.

The commencement of trial proper was slated for last Friday but was stalled by a fresh application Sa­raki filed to challenge the tribunal’s powers to try him.

Saraki, who stormed the tribunal with a contingent of 66 lawyers head­ed by a former Attorney-General of the Federation and Minister of Justice, Chief Kanu Agabi (SAN), argued that the charge against him was brought in violation of all due processes and in violation of his right to fair hear­ing as enshrined in the Nigerian Con­stitution.

A reliable source at the Federal Ministry of Justice who sought ano­nymity, told The AUTHORITY that the government was not comforta­ble with the new development where Saraki employed the legal services of Agabi whom Jacobs served as a Per­sonal Assistant when Agabi was the AGF and Minister of Justice.

The source also disclosed that the current Chairman of the CCT, Justice Danladi Umar, also cut his teeth in le­gal practice at Agabi’s Chambers.

According to the source, the Fed­eral Government is not at ease with the close affinity between Agabi and Jacobs because their relationship has been that of a “master and servant”.

“Everyone knows that Rotimi Jacobs was a Personal Assistant to Chief Kanu Agabi while the latter was AGF and Minister of Justice.

“This relationship has triggered government’s suspicion that Jacobs might not be able to continue with the pace and energy at which he be­gan the prosecution of the embattled Senate President.

“It is not as if Jacobs would sell out or bungle the case, but because of the close relationship between Aga­bi as Jacobs’ former boss, he might lack the will to prosecute the matter till the end.

“It is on that basis that the Fed­eral Government has replaced Roti­mi Jacobs with Dipo Okpeseyi, who is a member of the government’s new crack team of prosecutors that have been engaged to take up the prosecu­tion of the Buhari-led anti-corruption initiative” the source said.

The AUTHORITY recalls that af­ter the Supreme Court’s decision on February 5 this year, which dismissed Saraki’s appeal, the Senate President approached the tribunal with the application which had been deter­mined right from the tribunal to the apex court.

When the parties arrived at the tribunal last Friday, the prosecu­tion lawyer, Rotimi Jacobs, informed the CCT that he was ready for com­mencement of the trial, and that his witnesses were in court.

But responding, Agabi informed the court about a fresh motion he filed, challenging the tribunal’s juris­diction.

He said the motion was served on the Federal Ministry of Justice and not personally on the prosecution lawyer.

Jacobs protested what he de­scribed as the wrong service of the new motion by the defence, arguing that it was part of the ploy by the de­fence to prevent the commencement of trial in the case.

He noted that, while Agabi ef­fected personal service on him, re­questing the rescheduling of the re­sumption of proceedings in the suit, he (Agabi) chose not to serve him the fresh motion.

Jacobs noted that the issue raised in the new motion had been decided earlier by the tribunal, and up to the Supreme Court.

He said the Supreme Court’s judgment in the similar motion by Saraki has since been report and cit­ed as “Saraki vs FRN: SC 2016 NWLR at page 531.”

This scenario where Agabi “de­liberately” refused to serve the new application in Saraki’s suit on Jacobs further confirmed the FG’s fears of a deliberate attempt to frustrate the tri­al, the source said.

Consequently, Jacobs urged the tribunal to allow the prosecution to open its case, noting that under Sec­tion 368 of the Administration of Criminal Justice Act (ACJA) the de­fence could raise objection at any stage in the case, but that the tribunal was empowered to reserve its decision which it could give with the judgment.

In his response, Agabi apolo­gised for the service of his fresh ap­plication on Jacobs’ client. He blamed the error on the fact that he was new in the matter.

He sought a date for the hearing of the motion, arguing that it was the law that once a motion was filed, even if it was frivolous, the court must hear it and pronounce on it.

Tribunal Chairman, Danladi Umar, adjourned to March 18 for the hearing of Saraki’s new motion and possible commencement of trial.

He directed Jacobs and Agabi to file all necessary papers before then. He also directed that henceforth, all processes should be served on the prosecution lawyer in person.

Saraki, in the new motion filed on March 4, wants the court to quash the charge against him or strike it out and discharge him of the offences on the ground, among others, that the tribunal lacked the jurisdiction to try him.

He argued that the process lead­ing to his arraignment was wrong and that he was denied fair hearing.

Source: The Authority Newspaper