At the resumed hearing of Senate President Bukola Saraki’s trial at the Code of Conduct Tribunal (CCT) yesterday, his new counsel, Kanu Agabi SAN, urged the tribunal to apply the condition precedent in the Tinubu trial to the Saraki case.
Agabi, a former Attorney-General and Minister of Justice, recalled the trial of former Lagos State Governor, Bola Ahmed Tinubu, who was set free by the tribunal because of the failure of the CCB to fulfill necessary conditions before inviting him first to make statement on the alleged discrepancies before referring him for trial.
He maintained that similar decision should have been applicable to his client having set a precedent.
Agabi also reffered to the case of ten former governors who had the opportunity of being invited to defend their asset declaration and were not referred to the tribunal after clarifying issues associated with their declaration.
He therefore prayed the tribunal to dismiss the charge for being incompetent and having been filed without observing the due process of the law.
Responding, counsel to Federal Government, Rotimi Jacobs (SAN), accused the defendant of engaging in abuse of court processes, claiming that what Saraki was asking for had been determined by various courts.
He said the Ministry of Justice referred the trial of Saraki to the CCB on the strength of joint investigation carried out by EFCC and the Independent Corrupt Practices and other Related Offences Commission (ICPC) in which the defendant was found to have procured assets that were not declared in his form.
Reacting to the case of Tinubu cited by the defence counsel to buttress their defence, Jacobs however submitted that the code of conduct acted in error when it discharged the governor of the alleged charge.
Jacobs, further told the tribunal that the CCB did not need to invite the defendant to make any clarification on the discrepancies in his assets because Section Three, Part One of the Third Schedule of the 1999 Constitution had removed such conditions as was applicable only in 1979 Constitution, adding that the defendant was relying on old law to push his argument.
The Prosecution Counsel also stated that CCB did not need to obtain any statement from Saraki before referring to the tribunal for trial because the defendant had already made a statement on oath while declaring his assets.
On the claim that the trial was initiated 13 years after Saraki had left as governor of Kwara State, Jacob said that there was no time limit for the prosecution to investigate or charge anybody to court. He then urged the tribunal to dismiss the motion for being spurious, unfounded and baseless.
After listening to submissions of counsel, the chairman adjourned till Thursday 24th Marh, 2016 for ruling on the motion.
Meanwhile, the tribunal has reserved ruling till Thursday, March 24, 2016, on whether or not to quash the charge brought against the Senate President, by the Federal Government.
Chairman of the Tribunal, Mr. Danladi Umar fixed the date after Counsels had canvassed their
argument that the charge against Saraki be quashed.
argument that the charge against Saraki be quashed.
Saraki is being prosecuted by the Federal Government over alleged false declaration of assets as governor of Kwara State.
However when the matter came up for hearing last week, Agabi filed a new motion challenging the jurisdiction of the court to hear the matter and the power of the Attorney-General of the federation to initiate the charge.
Following the acceptance of the motion and after due consultation with counsel, the trial judge fixed 18 March for ruling on the motion as well as commencement of the substantive suit.
At the resumed hearing yesterday, Agabi appealed to the tribunal to quash the charge against his client on the grounds that the charge was not competent in law.
He premised his argument of preliminary objection to the charge on the grounds that the conditions precedent for arraignment of Saraki was not fulfilled.
Agabi claimed that there was never a time the Code of Conduct Bureau invited Saraki as required by law to deny or admit the alleged discrepancies in the asset declaration form submitted to the Bureau.
He added that up till now, Saraki had not made any statement as a defendant to the Bureau upon which he can be effectively put to trial.
The defence counsel stated that the Attorney-General of the Federation was wrong in law in initiating the charge because the Code of Conduct Bureau Act vested power to accept asset declaration form, investigations of assets form and prosecution of the offender on the Bureau and not on any external force.
He said the failure of the CCB to fulfill the conditions precedent of summoning Saraki first to make statement on discrepancies on his assets was fatal to the charge before the tribunal and cannot operate to the detriment of the defendant.
“CCB is a peculiar institution; it has the duty to accept, to examine, to keep custody of assets declaration form submitted to it and also has power to accept complaints from the public on the discrepancies that may arise from any form submitted to it.
“In the instant case, there is no petition or complain before the CCB and that the power of the CCB to refer any offender to the CCT cannot be delegated”, he argued.
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