A Federal High Court sitting in Abuja on Friday dismissed an application filed by Senate President Bukola Saraki asking the court to nullify his ongoing trial at the Code of Conduct Tribunal (CCT).
Saraki is facing trial for alleged false asset declaration and fraud in a trial that commenced in September, 2015, a few months after the the former Kwara State governor emerged Senate President against the wish of his party, the ruling All Progressives Congress.
The senate president, whose similar appeal had previously been dismissed by the Court of Appeal, approached the Federal High Court, asking it to declare his trial at the CCT a violation of his fundamental rights.
Saraki prayed the court to consider the Tribunal’s chairman incompetent to try him since the chairman was also under investigation by the Economic and Financial Crimes Commission.
After hearing the argument of counsel, the judge, Abdul Kafarati, fixed March 22 for ruling, but later declined giving judgement on the matter and declared that he was stepping down to allow a different judge look into the case.
Kafarati had on that day (March 22) told the court that he was handing over the case to the Abuja chief judge for reassignment due to allegations of bias from an online media. He said any judgement he gave could be perceived as biased.
But after returning the case file to the Chief Judge of The Federal High Court, Ibrahim Auta, the case was returned to Kafarati the following day, March 23, by Auta who acted in response to a request by Saraki that Justice Kafarati be allowed to proceed with the case.
Auta’s decision was hinged on the fact that none of the parties in the suit complained about the conduct of Kafarati and that he (Kafarati) cannot disqualify himself from further handling the case based on mere allegations made in the media.
Consequently, a new date, April 15, was fixed for judgement.
In his ruling on Friday, Kafarati held that Saraki was wrong to have returned the case to a smaller court, after it was dismissed by a higher court.
“If the court grants the application, there will be conflict with the ruling of the appellate court”, he stated.
The trial judge said Saraki’s appeal can be likened to an attempt by the Senate President to stall his trial, stressing that the CCT is a constitutional body in the discharge of its legal obligation which should not be interfered with by a court of law.
“This court cannot interfere with the proceedings before the tribunal; it cannot also interfere with the duties of the respondents which have been imposed on them by law,” Kafarati said.
The judge also held that the applicant’s claims that the CCT’s trial falls short of the constitutional requirements is a sentimental claim that had no basis in law.
“I find that none of the claims fall within chapter four of the constitution,” Kafarati said, referring to Saraki’s claim that the trial was a negation of his fundamental rights as enshrined in section four of the 1999 constitution.
“There are criminal procedure laws that put in place the method of protecting the accused,” the Judge added, noting that the trial cannot be regarded as an infringement of Saraki’s right.
Saraki, whose application challenging the Jurisdiction of the CCT was nullified by the Supreme Court on February 5, has also lost several similar attempts at the Code of Conduct Tribunal to stall his trial.
The Tribunal, on March 24, a day after Saraki’s case was ordered to be continued at the FHC, dismissed an application by counsel to the Senate President, Kanu Agabi, that the Code of Conduct Bureau should have invited Saraki to clarify the allegations against him before the commencement of trial.
The Tribunal Chairman, Danladi Umar, in that ruling, stated that the Code of Conduct Bureau and Tribunal Act, 1989 allows the Senate President to raise any clarifications at the level of the tribunal.
Danladi said by law, the CCB could receive complaints of breach of the Act and refer such complaints to the Tribunal, provided that it will allow the person involved to give a statement affirming or denying the said misconduct.
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