Wednesday, September 23

Senate President Docked, Pleads Not Guilty.




Trial Quotes:


The Judiciary saved the nation …One can just imagine what would have happened if there were contradictory decisions by the courts
—Prosecution

I am puzzled why I should be before the tribunal. I thought that the…Bureau should have first called on me, according to the…law. —Saraki

The defendant…must enter the dock and take his plea, and thereafter any other application shall be taken. That is the order of the tribunal. —Tribunal



Senate President, Bukola Saraki, on Tuesday entered the dock at the Code of Conduct Tribunal in Abuja where he was arraigned for false assets declaration charges.

Saraki arrived at the tribunal at 9.20am in company with 50 senators, beating by 40 minutes the 10am deadline the judge had set for the Inspector General of Police to provide the Senate president.

He pleaded not guilty to all the 13 charges slammed on him by the Code of Conduct Bureau and his trial has been scheduled to hold on October 21, 22 and 23.


Proceedings were delayed for about 30 minutes owing to power outage (the tribunal having earlier planned to begin sitting by 10 am). Saraki refused to enter the accused box despite request by prosecution lawyer Rotimi Jacobs (SAN) that the proper thing was for him to “enter the dock and take his plea”.

Saraki sat among his supporters and fellow Senators, who formed the audience in the courtroom, while his lawyer, Joseph Daudu (SAN) argued frantically that his client was not required to first enter the dock before his objection to his trial was heard.




Daudu, whilst querying the jurisdiction of the tribunal, argued that the CCT, unlike the regular court, lacked criminal jurisdiction. He said a trial before the tribunal was not criminal, adding that its order was for his client to appear before the tribunal, and that having appeared, he must not be made to enter the dock before his objection could be taken.

Jacobs disagreed. He contended that Daudu’s argument was a repeat of the defence’s failed attempt the last day to stall proceedings. He noted that jurisdiction, the competence of the charge and the application of the Administration of Criminal Justice Act (ACJA) by the tribunal raised again early yesterday by Daudu had been decided by the tribunal last Friday.

He urged the tribunal to reject attempts by the defence to ridicule the nation’s judicial system and praised the Judiciary for not yielding the alleged attempt by the defence to ridicule it the previous day (Monday).

“The defendant is working to overstretch the administration of criminal justice in the country. Yesterday (Monday), this tribunal said he should come and face trial. The Federal High Court ruled and asked him to go and face his trial. The Court of Appeal said it does not want to interfere with what is going on.

“The Judiciary saved the nation yesterday. They wanted to put us in a state of quagmire. One can just imagine what would have happened if there were contradictory decisions by the courts,” Jacobs said and urged the tribunal to proceed with the day’s business.

Ruling, Tribunal Chairman Justice Danladi Umar, overruled Daudu and insisted that Saraki must submit himself for arraignment.

“It is the tribunal’s opinion that the charge before the tribunal is criminal in nature. As decided in the case of the Federal Republic of Nigeria versus Atiku Abubakar, where Justice Aboki (of the Court of Appeal) ruled that trial in the tribunal is criminal in nature.

“It is also our ruling that the defendant in this case must enter the dock and take his plea, and thereafter any other application shall be taken. That is the order of the tribunal,” Justice Umar said.

Saraki walked to the “accused box” where he was offered a chair to sit, following which an official of the tribunal approached him and began to read the charge to him, a count before another.


From the dock on Tuesday, the Senate president said he was hearing about the charges against him for the first time, saying he ought to have been invited and briefed by the CCB as the Senate president.

He said,


 “I am the Senate President and I have respect for the rule of law. Mr. Chairman, I observed that they have made reference to the good work the Senate has done in the administration of criminal justice. If there is an allegation of false declaration of assets, the Code of Conduct Bureau shall refer the person involved to the tribunal after giving the person an opportunity to explain if the facts are true. But in this case, I was not given the opportunity.

“I thought the CCB should have called me and given me the right to fair hearing. I am hearing about the charges for the first time. We are all here and the whole world is watching when we said we are in new Nigeria. I want to state here that I am not guilty.”

Culled

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