Saraki set to appear before Code of Conduct Tribunal

…After bids to halt appearance before tribunal fail at Court of Appeal, Federal High Court

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NIGERIA: APPARENTLY seeing that there is no place to hide any longer, Senate President, Dr. Bukola Saraki, has indicated his desire to appear before the Code of Conduct Tribunal on Tuesday.

“I will be at the Tribunal tomorrow,” Saraki said on his Facebook.

Ealier on Monday – at the time he was to appear before the tribunal – Saraki had headed to the Court of Appeal and the Federal High Court in Abuja to halt his appearance before the tribunal which issued warrant of arrest on him last Friday.

The tribunal had expected Saraki to appear before it to defend himself over allegation of false assets declaration levelled against him by the Code of Conduct Bureau, but he refused and instead headed to court last Thursday to obtain order to halt the invitation.

But the Federal High Court, presided over by Justice A.R. Mohammed on Monday refused Saraki’s application.

Instead, the court ordered that the respondents be put on notice, while it adjourned the suit till September 30 for further hearing of the substantive suit before it.

Similarly, the Court of Appeal also rejected Saraki’s plea, while declaring that in the interest of justice and for justice to prevail, the respondents should be put on notice.

The court adjourned till September 29 for hearing of the motion on notice filed by the Senate President.

Saraki, however, stated and maintained that he was ready to submit himself to due process of the law on any issue concerning him.

He further stated that he also believed that he had an inalienable right to resort to the same judiciary for protection when he feels his fundamental rights are about to be infringed upon.

“The Senate President is a law abiding citizen and his absence from tribunal was based on legal advice he received from his counsel that it is not necessary for him to appear before the tribunal at this stage since the jurisdiction of the tribunal and the process of initiating the matter are being challenged before the Federal High Court Abuja,” the Senate President said.

“Following the adjournment for the determination of the motion on notice and the substantive suit before the Federal High Court to 30th of September and the appeal pending before the Court of Appeal adjourned to the 29th of September 2015, the Senate President has decided, as a law abiding citizen, to appear before the Tribunal in the interim,” he declared.

He explained that his decision to appear befor the tribunal was to demonstrate his respect for the rule of law in spite of his personal reservation on the process of his trial and the purpose it may be intended to serve.

Saraki said he assured Nigerians of his “absolute belief in the judicial process and is therefore confident that the course of justice would be served at the end of this matter.”

However, at the resumed sitting of the tribunal on Monday, it renewed its earlier order for Saraki’s arrest by the Inspector General of Police, Mr. Solomon Arase, after the Senate President again failed to appear before it.

The tribunal directed the police boss or other security agencies to arrest and bring Saraki by Tuesday after listening to arguments by Saraki’s counsel, J.B. Daudu and the prosecution counsel, Rotimi Jacobs.

Justice Danladi Umar ruled in favour of Jacobs’ argument, saying: “We have taken note of the observations of the accused’s counsel on the pending matter at the Federal High Court, but it is worthy of note that the order of the Federal High Court did not suspend the sitting of the Tribunal.”
“We also disagree on the argument of the accused that applicability of the Administration of Criminal Justice Act did not affect this Tribunal,” Umar said, adding: “This tribunal is duty bound to apply the new law because it affects the Tribunal.  This Tribunal has to take a position that in the interest of justice and the position of the Tribunal is that the accused must be compelled to appear before this Tribunal tomorrow.”
“In this wise, we re-affirm that the bench warrant of last Friday must be executed for the Inspector General of Police or other security agencies to arrest and produce the accused before this tribunal tomorrow by 10am,” Umar declared.