Saraki is a criminal,must face trial - Court insists.

Saraki

Senate President  Bukola Saraki yesterday lost a bid to  stop his ongoing  trial at the Code of Conduct Tribunal (CCT) for false assets declaration.

Justice Adamu Abdu Kafarati of the Federal High Court, Abuja dismissed, via a judgment, a fundamental rights enforcement suit filed by Saraki, through his lawyer, Ajibola Oluyede.

The judge branded  the suit  “an abuse of court’s process,” and pointed out that  issues raised in the case  had already  been determined by the CCT, the Court of Appeal and the Supreme Court.

Saraki had, in the suit filed last year, challenged the composition of the CCT because as he said it was impossible for him to get  a fair trial as the CCT’s Chairman, Danladi Umar, was being investigated by the Economic and Financial Crimes Commission (EFCC) for alleged  bribery.

He argued that there was no way Umar could be fair and render independent decision in the (Saraki’s) trial when the prosecuting agency in his case was also the agency allegedly investigating Umar.

However,Justice Kafarati  declared yesterday  that the anxiety being expressed by Saraki was unfounded, speculative, misplaced and has no place in law.

He  upheld the preliminary objection filed against the suit by the 1st, 2nd and 3rd respondents – Attorney General of the Federation (AGF), the EFCC and the Independent Corrupt Practices and other related offences Commission (ICPC) – and held that it was too early for the applicant to 
raise the issue of fair trial when he still has the opportunity of conducting his defence in the case.

He said that while the court would not restrain statutory bodies from performing their statutory 
responsibilities, it was wrong for Saraki to have come under the fundamental rights proceedings to seek the quashing of his trial.

Besides,he declared that  the case was without merit.

His words: “It is not for the applicant to approach this court to seek order stopping his prosecution before the CCT. Furthermore, the CCT, in a ruling on March 23, 2016 refused the applicant’s application, seeking to quash the charges against him.

“In the instant case, the applicant is also asking for orders quashing the charges before the tribunal. If I grant his prayers, there will be conflict between the decision of this court and that of the CCT.

“Besides the decision of the tribunal, the Court of Appeal and the Supreme Court have also made pronouncements on the same issue.

“It is worthy to note that this application was filed after the Court of Appeal dismissed the applicant’s appeal against the ruling of the CCT.

“In view of the above findings, I hold that the reliefs sought by the applicant in this application are not available under Chapter Four of the 1999 Constitution of the Federal Republic of Nigeria.

“Secondly, the applicant’s originating motion on notice constitutes an abuse of court’s process. Having come to this conclusion, I am of the view that this case ought to be dismissed.

“The case is hereby dismissed. The preliminary objection by the 1st, 2nd, 3rd respondents succeeds. I do not need to go into the substantive case.”

The judge had, at the point of delivering judgment last month, withdrawn from the case and withheld his judgment on the ground that media reports had portrayed him as a compromised judge and that he would not do justice in the case.

Upon request by Saraki that the judge be asked to deliver his judgment, the court’s Chief Judge, Justice Ibrahim Auta overruled Justice Kafarati and directed him to give his judgment, on the ground that since none of the parties in the case queried his conduct, it was wrong for him (Justice Kafarati) to rely on media reports in taking decisions.

Saraki was arraigned before the CCT last year on a 13-count of charge of false assets declaration. He objected to his trial and challenged the jurisdiction of the tribunal to try him, questioning, among others, the competence of the charge and the composition of the tribunal.

The tribunal, in a ruling, dismissed his objection and assumed jurisdiction over his trial. Saraki challenged the CCT’s decision at the Court of Appeal Abuja, where he lost and headed to the Supreme Court.

In a judgment on February 5 this year, the Supreme Court also dismissed Saraki’s appeal and held that not only was the tribunal properly constituted, the charge was competent. The court ordered Saraki to submit himself for trial.

Rather than comply with the Supreme Court judgment, Saraki again filed a fresh application, through his new lawyer and former Attorney General of the Federation, Kanu Agabi (SAN), challenging the CCT’s jurisdiction.

Although the CCT has since dismissed the new application and proceed to commence trial in the case, Saraki has again appealed that decision. His appeal and an application of stay of proceedings

 in the trial are currently pending before the Court of Appeal, Abuja.