The Federal Government yesterday queried the moral right of Senate President Bukola Saraki to question the integrity of Code of Conduct Tribunal (CCT) Chair Danladi Umar and to ask him to disqualify himself from his (Saraki’s) trial for false assets declaration.
Lead prosecution lawyer Rotimi Jacobs, said it was laughable that Saraki, who is on trial will choose to hold on to office as a Senator and Senate President, but demands that Umar, who was merely investigated and freed, to vacate office.
“This motion is absurd. The defendant (Saraki), who has been charged to court, is still performing his statutory duty as a senator till today, saying that the Constitution guarantees him presumption of innocence.
“He is saying that he remains a senator. He is saying that he will continue to be Senate President and he will continue to perform his duties. But he is saying that your lordship (Umar), who was merely investigated, should not be allowed to enjoy the presumption of innocence and that your lordship should not be allowed to continue to perform his duties.
“Your lordship has not been charged before any court. No charge has been filed against your lordship. That is the absurdity in their motion. This application is only filed to achieve one purpose; to embarrass the tribunal,” Jacobs said while responding to a motion by Saraki, asking the tribunal Chairman to disqualify himself from the trial on the grounds that he was investigated for bribery allegation.
Jacobs said the motion was filed to malign the tribunal chairman, adding that the investigation of the bribery allegation had been concluded and the person found to be culpable had since last year been charged to court by the EFCC.
“If investigation has been concluded and someone is already facing trial, will the defendant be right to say that the tribunal chairman is involved in on-going investigation. He cannot be right. The investigation has been concluded since March 2015.
“This is stated in our counter-affidavit which was never challenged. That is what led to the charge he referred to. The person on trial is the only one recommended for prosecution.
“The letter did not recommend your lordship for prosecution. That is not what the letter says. The letter clearly stated with overwhelming evidence the person to be prosecuted. We should fear God, we are counsel,” Jacobs said.
He noted that contrary to Saraki’s claim, the EFCC was not a party to the case, but that it was the Attorney-General of the Federation (AGF) that issued him (Jacobs) the fiat to prosecute the defendant.
He insisted that the case was filed through the Code of Conduct Bureau (CCB) and not the EFCC as claimed by Oluyede.
He said by virtue of Section 349(7), of Administration of Criminal Justice Act (ACJA) 2015, Saraki’s lawyer, Ajibola Oluyede, could not have validly filed the motion without the consent of the lead defence lawyer, Kanu Agabi (SAN), who was still in the case.
He reminded the tribunal that the issue of who filed the charges against Saraki, had been argued by Agabi in a motion challenging the tribunal’s jurisdiction.
Jacobs said the issue had become part of the subjects of appeal filed by Agabi against the tribunal’s ruling and urged the judge not to make findings on it in order not to run foul of usurping the duties of the appeal court.
Oluyede, moving the motion, insisted that Umar must disqualify himself from the trial. He argued that the June 24, 2014 letter by the then EFCC chairman, Mr. Ibrahim Lamorde and which was addressed to the then AGF, Bello Adoke, did not exonerate him of the bribery allegation.
Oluyede contended that the then AGF had directed the EFCC to proceed to prosecute the tribunal chairman and the other suspects. He added that the other report of investigation issued in March 2015 did not also clear the tribunal chairman.
Oluyede said it would require the AGF office to issue another letter overriding the earlier directive to the EFCC to go ahead with the prosecution of Umar and his co-suspect, before the tribunal chairman could be said to have been cleared.
He insisted that in as much as there was no fresh letter by the AGF expressly stating that Umar had been cleared of the allegation, “the legitimacy of the proceedings (Saraki’s trial) is in question”.
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