Respite may have temporarily come the way of Senate President, Dr Bukola Saraki as a federal High Court sitting in Abuja, yesterday stopped the Code of Conduct Tribunal from probing him, over his alleged falsification of asset declaration during his tenure as the Governor of Kwara state.
Justice Ahmed Mohammed in his ruling yesterday summoned the Federal Ministry of Justice, Chairman of the CCB and Chairman of the Code of Conduct tribunal, CCT, to appear before the high court on September 21 to show cause why Saraki should be prosecuted over the alleged offence.
Justice Mohammed also summoned the deputy director in the office of the Attorney General of the Federation, Mr. M.S. Hassan, who signed the charge against Saraki to appear before it.
The court made the orders after it heard an ex-parte application that was filed and moved yesterday by Saraki through his lawyer Mr. Mahmud Magaji, SAN.
The Code of Conduct Tribunal was supposed to interrogate the Senate President, Abubakar Bukola Saraki, today over his alleged involvement in false asset declaration during his tenure as the Kwara Governor, as well as diversion of $3.4 million through an American express credit card from Nigerian bank to an American bank account.
Recall that the CCB has accused the Senate President of allegedly falsifying his assets declaration, even as the Bureau has instituted a legal action against the Senate President in the Code of Conduct Tribunal, for allegedly operating a Foriegn account, where as the law bars public officers from operating foreign bank accounts while in service.
In addition to the above allegation, the CCB has equally accused Saraki of falsification of documents submitted to the CCB as regards his assets.
The Code of Conduct Bureau had filed a 13-count charge against Saraki before the Code of Conduct Tribunal through the Office of the Attorney General of the Federation.
Count one accused Saraki of making “false declaration in the assets declaration form for public officers on assumption of office as Governor of Kwara State by making an anticipatory asset declaration.
However, the Code of Conduct Tribunal has said the trial will go on in the absence of a sitting Attorney General of the Federation and Minister of justice
But Saraki must be at the court, having been advised that his presence will not be necessary at the first mention of his alleged false declaration of assets matter.
The Federal Ministry of Justice has filled a 13-count charge against Saraki.
The allegations are under Section 2 of the Code of Conduct Bureau and Tribunal Act. The offences are purnishable under paragraph nine of the fifth schedule of the Constitution.
A senior official of the CCT said that the trial would go on today “because Saraki has already been summoned by the Bureau”.
He said the Act of the Tribunal empowered it to “cause to summon” any alleged offender.
The official said the CCT was ready to arraign Saraki today. He said the trial would begin by 10 am at the tribunal’s office in Jabi, Abuja.
He noted that “the tribunal has taken judicial notice of the issue of the absence of a substantive Attorney- General for the Federation” as it has to do with the case.
He added that the issue of the absence of a substantive Attorney-General “is mute” and “arguable.”
The official said the trial judge reserves the right to make a ruling on whether or not the prosecution could go on and be valid without a substantive Attorney General.
He noted that the issue could go up to the Supreme Court for determination, saying “it is a new case which judges will be interested to hear”.
He said: ”The issue is a very contentious one because this will be the first time a case of this nature will be prosecuted without an Attorney General on seat to give directive for prosecution. But it offers a good opportunity to test the case. It can go as far as the Supreme Court to get the law tested.
”The law allows that the Attorney General could delegate responsibility on prosecution. There is always somebody who sits in the absence of the Attorney-General of the Federation.”