Tribune / Nigeria: Senate President, Dr Bukola Saraki, on Wednesday, told the chairman of the Code of Conduct Tribunal (CCT), Mr Danladi Yakubu Umar, that he lacks the moral justification to preside over his trial on the allegation preferred against him by the Federal Government.
Also, the tribunal chairman, Umar, told the security details of the Senate President that they did not suppose to enter the tribunal venue with guns.
The development caused the security men to walk out of the venue voluntarily.
When the matter came up on Wednesday, the Senate President insisted that Mr Umar was under investigation by the Economic and Financial Crimes Commission (EFCC), the same agency that allegedly filed the criminal charges against him on behalf of the Federal Government.
In a motion on notice argued by Saraki’s counsel, Rapheal Ajibola Oluyede, the Senate president claimed that since the anti-graft agency was largely responsible for his trial and also responsible for investigation of the N10 million bribery allegation against the chairman of the tribunal, there was no way the chairman would be objective and impartial in handling his matter.
He claimed that since the “Sword of Damocles is dangling on the head of the tribunal chairman,” he would be tempted to dance to the tune of the EFCC, if only to rescue himself from the bribery allegation levelled against him.
Oluyede asked Umar to honourably withdraw himself from further participating in Saraki’s trial in the interest of justice, insisting that available facts had proved that EFCC was largely responsible for the investigation of Saraki and that it was the same EFCC that filed the charge and allegedly deployed its main lawyer, Mr Rotimi Jacobs, to prosecute the matter.
He said a purported letter by EFCC clearing the chairman of the allegation, after over one year indictment, could not stand in the face of the law, because it did not emanate from the Attorney General of the Federation, who is the appropriate authority to issue such.
“We do not know what prompted EFCC to recount on the indictment of the CCT chairman when there are sufficient grounds for the EFCC to request for the call logs of the conversation between Umar and one Rashidi Taiwo who the N10 million bribe was demanded from,” the counsel said.
In his objection to the motion, the prosecuting counsel, Jacobs, prayed the tribunal to dismiss the motion for lacking in merit.
He accused the defendant of harassment, saying the bill before the Senate was designed to whittle down the powers of the CCT chairman.
“The absurdity in this application is that the defendant here is still performing his duty as Senate president and still presides over the Senate as of today.
“He has been charged to court whereas the investigation of the CCT chairman by the EFCC remains an investigation. He has not been charged to court or convicted. It is the defendant that has been charged to court. The issues raised in the application are matters of sentiment which has no place in law,” Jacobs stated.
The prosecution told the tribunal that Mr Oluyede, who moved the application at the proceedings on Wednesday, had never appeared for Saraki at the tribunal and that he was not a counsel on record as of the day and hour the motion was filed.
Jacobs accused Saraki of harassing the tribunal by filing what he termed frivolous application before various courts, adding that “if the tribunal decide the application sought by the defendant, it will then means that your Lordship has un-wittingly taken over the functions of the Court of Appeal.
“If your Lordship upholds the application of the defendant, it then means that if an allegation is levelled against any judge, the judge will not sit over any matter.”
The tribunal chairman, after listening to parties’ submissions on the motion, adjourned till today to deliver ruling and for continuation of the cross examination of the prosecution witness.
