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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.
Rivers State Head of Service, Dr (Mrs) Inyingi Brown, has called on rural communities in the State to embrace the Rural Access and Agricultural marketing project (RAAMP) with a view to improving their living conditions.
This follows the ongoing sensitization campaign by the State Project Implementation Unit (SPIU) visits to Degema, Abonnema, Afam headquarters of Degema, Akuku Toru and Oyigbo Etche and Omuma local government areas respectively.
Dr Brown who was represented by the Deputy Director, Special Duties in her office, Mrs Dein Akpanah, said RAAMP was initiated by the Federal Government and World Bank to economically empower rural dwellers.s
She said the World Bank understands the plights of rural farmers and traders in the State, and therefore came up with the programme to address them.
According to her, RAAMP will improve the conditions of farmers, traders and fishermen, and therefore, behoves on every rural communities in the State to embrace the programme.
The Head of Service also said the programme would support the youths to be gainfully employed while bridges and roads will be built to link farms and fishing settlements.
Also speaking, the State project coordinator, Mr Joshua Kpakol, said the programme has the potential of creating millionaires among farmers and fishermen in the State.
Kpakol who was represented by Engr. Sam Tombari, said RAAMP would help farmers and fishermen to preserve their produce.
According to him, the project will build cold rooms and Silos for preservation of crops and fishes while access roads will also be created to link farmers and fishermen to the market.
He, however, warned them against any act that will lead to the suspension of the projects by the World Bank.
Kpakol particularly warned against acts such as kidnapping, marching ground, gender based violence and child labour, adding that such acts if they occur may lead to the cancellation of the project by the World Bank.
During the visit to Oyigbo local government area, Mr Joshua Kpakol, said the team was there to let them know how they will benefit from the Raamp.
The coordinator who was personally at Oyigbo said the World Bank introduced the project to check food insecurity in the State.
He said already 19 states in Nigeria are already benefitting from the project and called on them to embrace the project.
Meanwhile, stakeholders in the three local government areas have commended the World Bank for including their areas in the project.
They, however, complained over the incessant attacks by pirates on their waterways.
At Degema, King Agolia of Ke kingdom said land was a major problem in the kingdom.
King Agolia represented by High Chief Alpheus Damiebi said many indigenes of the kingdom are willing to go into farming but are handicapped by lack of land.
Also at Degema, the representative of the Omu Onyam Ekeim of Usokun Degema kingdom, Osoabo Isaac, said Degema has embraced the programme but needed more information on the implementation of the programme.
Similarly, while High Chief Precious Abadi advised that the project should not be narrowed to only crop farming, a community women leader, Mrs Orikinge Eremabo Otto, called for the construction of cold rooms in all fishing settlements in the area.
At Abonnema, Mr Diamond Kio linked the problem of the area to incessant piracy along waterways.
He also expressed fears over the possibility of the project being hijacked by politicians.
Also at Abonnema, a stakeholder, Ikiriko Kelvin, called on the World Bank to design an agricultural project that will suit the riverine environment, while at Oyigbo, HRH Eze Boniface Akawo expressed satisfaction with the project.
John Bibor
The political mudslinging between the Senate leadership and Senator Natasha Akpoti-Uduaghan continued yesterday as the Senate named Senator Aniekan Bassey as the new Chairman of the Committee on Diaspora and Non-Governmental Organisations.
Senate President, Godswill Akpabio, announced the appointment during yesterday’s plenary, confirming Bassey’s replacement of Senator Natasha Akpoti-Uduaghan, who is currently on suspension.
Akpoti-Uduaghan was reassigned to the Diaspora and NGOs Committee in February after she was removed as Chair of the Senate Committee on Local Content during a minor reshuffle.
Bassey is the senator representing Akwa Ibom North-East Senatorial District.
Although no reason was given for her removal yesterday, the change is believed to be connected to her unresolved suspension.
In May, Justice Binta Nyako of the Federal High Court ordered her reinstatement and directed her to tender an apology to the Senate.
However, the Senate has insisted it has not received a certified true copy of the court judgment.
Akpoti-Uduaghan who represents Kogi Central, has yet to resume her legislative duties despite a recent court ruling that voided her suspension.
In a televised interview on Tuesday, Akpoti-Uduaghan said she was awaiting the Certified True Copy of the judgment before officially returning to plenary, citing legal advice and respect for institutional process.
Although the Federal High Court described her suspension as “excessive and unconstitutional”, a legal opinion dated July 5 and attributed to the Senate’s counsel, Paul Daudu (SAN), argued that the ruling lacked any binding directive to enforce her reinstatement.
Akpoti-Uduaghan, one of only three female senators in the current assembly, said the continued delay in allowing her return was not only a denial of her mandate but also a blow to democratic representation.
“By keeping me out of the chambers, the Senate is not just silencing Kogi Central, it’s denying Nigerian women and children representation. We are only three female senators now, down from eight,” she said.
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