The embattled Senate President, Dr Bukola Saraki, yesterday, went before the Court of Appeal in Abuja to challenge the powers of the CCT to try him, as well as the refusal of the tribunal panel to discharge the bench warrant for his arrest.
In his one ground of appeal, Saraki, insisted that the trial tribunal erred in law and also acted without jurisdiction by countenancing and assuming jurisdiction over his criminal trial/ prosecution for a charge that is being challenged at the FHC Abuja in suit No FHC/ABJ/CS/775/2015, between him and the Ministry of Justice and 3 Ors.
He argued that the tribunal acted in disobedience to the order the FHC made on Thursday. Listing the particulars of error by the tribunal, Saraki, told the appellate court that “as at the time the lower tribunal overruled the appellant’s application to discharge the order for bench warrant for his arrest by the respondent, there existed an order of the FHC, Abuja, dated September 17, which was served in the lower tribunal, who were party to the suit”.
It was his argument that having filed an application challenging the jurisdiction of the tribunal to adjudicate on the charge before it, he needed not to be present in court yesterday.
More so, Saraki, argued that the tribunal did not avert its mind to the decided case laws in Doma vs Ogiri, 1997, 1-NWLR, and that of Ojukwu vs Governor of Lagos state, 1986, 3-NWLR. He therefore, sought an order of the appeal court setting aside the order of arrest that was issued against him by the tribunal.
Saraki, in a13 -paragraphed affidavit that was deposed to by one Efut Okoi, told the high court on Thursday that his trial was politically motivated.
He told the court that since May 29 when the life span of the administration of former President Goodluck Jonathan expired, the administration of President Muhammadu Buhari had yet to appoint an AGF.
“That upon assumption of office, President Muhammadu Buhari has made several appointments ranging from the Secretary to the Government of the Federation to Senior Special Advisers and Special Assistants.
“That I also know of fact that President Muhammadu Buhari is yet to appoint Ministers and other key Executive Officials.
“That is is also a fact that the Federal Ministry of Justice does not have an Attorney General/ Ministry of Justice yet”.
He argued that on September 14 when the 4th Defendant/Respondent (M.S. Hassan) took steps to initiate the charge before the CCT, he was never directed by any AGF to do so, since there exists no substantive AGF.
“That the charge pending before the CCT is predicated upon the falsehood that the plaintiff/applicant did not declare his assets in 2003, 2006 and 2011.
“That the applicant has consistently declared his assets as required by law at every point before resuming any political office and that of 2015 was not exception.
“That the 2nd defendant/Respondent had investigated the assets and ascertained the claims made by the plaintiff”.
He said that he submitted his asset declaration form in 2007, 2011 and 2015, saying “the present charge was initiated due to external influence and undue interference on the CCT”.
He told the court that the CCB never wrote to him to complain of any inconsistency in his asset declaration form.
Saraki averred that the charge was “purely a malicious and politically motivated prosecution aimed at undermining the person and office of the Senate President.
“That it is a fact that this charge pending before the CCT is a case of desperation to intimidate the applicant due to his recent stance on national issues.
“That the applicant had suffered series of harassment and intimidation in the hands of the officials of the 1st defendant”, he added.
In the charge, Saraki was accused of breaching section 2 of the CCB and Tribunal Act, an offence punishable under section 23(2) of the Act and paragraph 9 of the said Fifth Schedule of the 1999 Constitution, as amended.
FG alleged that Saraki claimed that he owned and acquired No 15A and 15B Mc Donald, Ikoyi, Lagos, through his company, Carlisle Properties Limited in 2000, when the said property was actually sold by the Implementation Committee of the Federal Government landed properties in 2006 to his companies, Tiny Tee Limited and Vitti Oil Limited for the aggregate sum of N396, 150, 000, 00.
He was alleged to have made false declaration on or about June 3, 2011, by refusing to declare plot 2A Glover Road, Ikoyi, Lagos, which he acquired between 2007 and 2008 through his company from the Central Bank of Nigeria for a total sum of N325, 000, 000, 00.
Similarly, Saraki was said to have refused to declare No1 Tagnus street, Maitama, Abuja, which he claimed to have acquired in November 1996 from one David Baba Akawu.
Some of his alleged offence while in office as governor, which are said to be punishable under section 15(1) and (2) of the CCB and Tribunal Act, Cap C15, Laws of the Federation of Nigeria, 2004, were allegedly committed between October 2006 and May 2007.
His actions were classified as a gross violation of the Fifth Schedule of the Constitution of the Federal Republic of Nigeria 1999, as amended.
“The Federal High Court on Thursday, September 17, 2015, therefore ordered that the all parties in the case should appear before it on Monday, September 21, 2015. The implication of this ruling by a Court of competent jurisdiction is that the sitting today has been overtaken by event. It is for this reason that Dr. Saraki chose to go about with his normal official schedule.
“Today at the Tribunal, Counsel to the Senate President, Mr. M. A. Mahmud (SAN), raised a motion stating that there is a pending constitutional matter before the Federal High Court to be decided on Monday and that the Tribunal should hold the trial until the constitutional matter is disposed of.
“We are however dismayed that the Tribunal chose to disregard the order of the Federal High Court and the motion to suspend hearing till Monday when all parties are expected to argue their positions on the constitutional matter.
“It is also a surprise to us that despite the application by the lead counsel to the Senate President that he will produce Dr. Saraki on Monday and the personality of the person involved as the Number three man in the country, the Tribunal insisted on issuing a warrant of arrest as if its intention is simply to embarrass Dr. Saraki. We are not unmindful of the fact that the Tribunal is acting under political influence and external pressure. This is dangerous to our democracy.
“The conduct of the Tribunal today left nobody in doubt that it cannot do justice on the matter before it. It is also clear that today’s decision is an abuse of the rule of law which portends danger to our judicial system. The Tribunal has equally set a bad precedent in the way and manner it conducted itself during the proceedings.
“We want to emphasise the fact that this is not part of any war against corruption but using state institutions to fight political opponents and seeking to achieve through the back door what some people cannot get through democratic process.
“We need to caution here that in a desperate bid to settle political scores and nail imaginary enemies, we should not destroy our democratic institutions and heat the polity for selfish reasons. Let us all learn from history.
“The Senate President is a law abiding citizen who will not do anything to undermine the judicial process and authority. However, Dr. Saraki will always act to protect his fundamental human rights.
“The Senate President is a law abiding citizen and his absence from the Tribunal today was based on the legal advice he received from his counsel that the Tribunal will respect the decision of the Federal High Court which is obviously a superior court of records. Also, he relied on a letter from the Chief Justice of Nigeria directed to the Chairman of the Tribunal last May that they are not judicial officers and are inferior to the regular High Court as defined by the law and that they take official oath not judicial oath.
“We will like to state therefore that Dr. Saraki will not do anything to undermine the judicial process and authority but he will always act to protect his fundamental human rights.”