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More Troubles For Saraki …As FG Files Fresh Charges Against Senate President …CCT Dismisses Self-Disqualification Motion

L-R: Minister of State for Environment, Ibrahim Usman, Minister of Environment, Amina Mohammed, Minister of Niger Delta Affairs, Pastor Usauni Usauni, Rivers State Commissioner for Environment, Mrs Roseline Konya at the sansitasation of stakeholders on Pre and Post Launch activities of the clean-up Ogoniland and other oil impacted communities in the Niger Delta Region in Port Harcourt, yesterday. Photo: Chris Monyanaga
The Federal Government, yesterday, filed two amended charges against the Senate President, Bukola Saraki at the Code of Conduct (CCT).
Saraki is currently standing trial on a 13-count charge bordering on false assets declaration.
Counsel to the Federal Government, Rotimi Jacobs, at the commencement of proceeding for the day after the tribunal Chairman, Danladi Umar, had dismissed the application for self-disqualification, urging the tribunal to accept the amended charges filed on April 27 so that, “the record can be set straight to what the defendant is facing.”
Saraki’s counsel, Paul Usoro, however, contended with the appeal, citing Section 216/1 of the Administration of Criminal Justice Act (ACJA).
He said the tribunal judge should direct the prosecution to present before the tribunal the fact that necessitated the amendment of the earlier charges.
But Rotimi, in his response, argued that the prosecution in pursuant to section 163 of the constitution, has the right to file an amended charge at anytime.
The chairman of the tribunal, in a short ruling said, “after carefully analysing section 216(1) of the Constitution, the prosecution has the right to file amended charges at anytime.
“The application of the prosecution is hereby accepted while that of the defendant contesting the application is refused,” Umar said.
The two charges read, “That you on or about September 16, 2013 within the jurisdiction of this honourable tribunal did make a false declaration in the asset declaration form for public officers which you filled and submitted to the Code of Conduct Bureau upon assumption of office as the governor of Kwara State in the year 2003 by your failure to declare your leasehold interest in number 42, Remi Fani-Kayode Street, Ikeja, Lagos, which you acquired through your company, Skyview Properties Limited from First Finance Trust Limited on December 12, 1996, and you thereby committed an offence contrary to section 15(1)(2) of the Code of Conduct Bureau and Tribunal Act. CAP. C15, Laws of the Federation of Nigeria, 2004 and as incorporated under paragraph 11(1)(2),I fifth schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and punishable under section 23(2) of the Code of Conduct Bureau and Tribunal Act as incorporated under paragraph 18, Part I of the Fifth Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“That you between June 2011 and October 2013, within the jurisdiction of this honourable tribunal, did receive monthly salaries or emoluments as governor of Kwara State and at the same time, from the Federal Government as a senator of the Federal Republic of Nigeria, and you thereby committed an offence contrary to section 6(a) of the Code of Conduct Bureau and Tribunal Act. CAP. C15, Laws of the Federation of Nigeria, 2004 and as incorporated under paragraph 2(a), Part I of the, Fifth Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and punishable under section 23(2) of the Code of Conduct Bureau and tribunal act as incorporated under paragraph 18, Part I of the Fifth Schedule to the Constitution of the Federal Republic of Nigeria, 1999 (as amended).”
Meanwhile, the Code of Conduct Tribunal in Abuja, yesterday, dismissed an application asking its Chairman, Danladi Umar, to disqualify himself and withdraw from the trial of the Senate President, Dr. Bukola Saraki.
The Federal Government is prosecuting Saraki before the Umar-led CCT on 13 counts of false asset declaration which he allegedly made between 2003 and 2011when he served as Kwara State governor.
Saraki had, in his motion, argued by his lawyer, Mr. Ajibola Oluyede, on Wednesday, asked Umar to disqualify himself on the grounds of likelihood of bias in the handling of the trial by Umar.
Oluyede argued that Umar would likely be subject to control by the Economic and Financial Crimes Commission (EFCC) on the basis that the anti-graft agency brought Saraki before the CCT for prosecution while it (EFCC) was still investigating the tribunal chairman for bribery.
But in the ruling of the two-man panel of the CCT, yesterday, Umar held that the application “lacked absolute meritý”.
He upheld the opposition of the prosecuting counsel, Mr. Rotimi Jacobs (SAN), to the motion, to the effect that contrary to Oluyede’s claim, the EFCC had cleared him of the bribery allegation.
He said the EFCC had by its letter dated March 5, 2015, through its then chairman, Ibrahim Lamorde, to the then Attorney-General of the Federation and Minister of Justice, Mohammed Adoke, cleared him of the alleged crime.
He said the March 5, 2015, letter in which the EFCC indicated that the allegation against him was a mere suspicion and that it did not constitute sufficient evidence to prosecute him, superseded the earlier investigation report issued by the anti-graft agency on June 24, 2014
In the June 24, 2014 report, Adoke had endorsed on it, directing that Umar and his co-accused be prosecuted.
But Umar ruled, yesterday, that the EFCC was not answerable to the AGF in its investigation and prosecution of cases.
“The AGF cannot prosecute without sufficient evidence from investigative agencies,” Umar said.
He added that the incumbent AGF, Mr. Abubakar Malami, had said he (Umar) had been cleared while appearing before a House of Representatives’ committee which was petitioned with respect to the bribery allegation.
He recalled that Malami told the committee that he (the AGF) stood by the March 5, 2015 letter of EFCC to Adoke, indicating that there was no sufficient evidence to prosecute him (Umar).
He said, “The issue of having case to answer before the EFCC is over.
“The application lacks absolute merit and it is hereby dismissed in its entirety.”
The tribunal then directed the defence led, yesterday by Mr. Paul Usoro (SAN), to continue the cross-examination of the first prosecution witness, Mr. Michael Wetkas.
Umar was accused of demanding N10million from an accused that was appearing before the CT sometimes in 2012.
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