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.

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….”