The scheduled commencement of false asset declaration trial involving Senate President, Bukola Saraki was stalled Friday by a new motion he filed challenging the tribunal’s jurisdiction.
Saraki was arraigned before the Code of Conduct Tribunal (CCT) last year on a 13-count charge of alleged false declaration of assets.
After the Supreme Court’s decision on February 5 this year, dismissing Saraki’s appeal, the tribunal fixed March 10 for the commencement of trial.
Saraki’s new lawyer, Kanu Agabi (SAN) later sought a shift in the date, prompting the tribunal to fix Friday for trial.
When parties arrived the tribunal Friday, prosecution lawyer, Rotimi Jacobs (SAN) told the tribunal that his client was ready for the commencement of trial, and that his witnesses were in court.
Responding, Agabi informed the court about a fresh motion he filed, challenging the tribunal’s jurisdiction.
He said the motion was served on the Federal Ministry of Justice and not personally on the prosecution lawyer.
Jacobs protested what he described as the wrong service of the new motion by the defence, arguing that it was part of the ploy by the defence to prevent the commencement of trial in the case.
He noted that, while Agabi effected personal service on him of his letter requesting the rescheduling of the resumption of proceeding, he (Agabi) chose not to serve him the fresh motion.
Jacobs noted that the issue raised in the new motion had been decided earlier by the tribunal, and up to the Supreme Court.
He said the Supreme Court’s judgment in the similar motion by Saraki has since been report and cited as ” Saraki vs FRN: SC 2016 NWLR at page 531.
“The Supreme Court even said the conduct of the counsel was to harass and intimidate this warrant. I was not served with any motion until now. When he sought and adjournment, he copied me. Then, he now filed a motion and decided to serve it on the Ministry of Justice, who is my client.
“I submit that this is a deliberate attempt to scuttle this trial and prevent the prosecution from proceeding to trial in this case.
“This is the same person, who is saying that he is being persecuted and that there is no case against him. He is telling the whole world that there is no case against him. He is saying the state is persecuting him, yet he does not want us to present our case.
“Justice is not for the defence alone. The defendant is attacking us and claiming that there is no case against him, yet he does not want the case to go on,” Jacobs said.
Jacobs, who said he was unduly being harassed and subjected to pressure in relation to his involvement in the case, noted that the defence’s decision to hire Agabi, who he described as his mentor, was part of the defendant’s strategy to keep him under pressure.
Jacobs said:” I have integrity. My integrity is at stake. I have been involved in the past, in the prosecution of former governors and a former Inspector General of Police (IGP). I have not received this kind of attack, pressure and trouble.
“The strategy of pulling down institutions and people is an issue this tribunal must address,” Jacobs said.
He urged the tribunal to allow the prosecution open its case, noting the under Section 368 of the Administration of Criminal Justice Act (ACJA) the defence could raise objection at any stage in the case, but that the tribunal was empowered to reserved its decision which it could give with the judgment.
Responding, Agabi apologised for the service of his fresh motion on Jacobs’ client and blamed the error on the fact that he was new in the case.
He sought a date for the hearing of the motion, arguing that it was the law that once a motion was filed, even if it was frivolous, the court must hear it and pronounce on it.
Tribunal Chairman, Danladi Umar adjourned to March 18 for the hearing of Saraki’s now motion and possible commencement of trial.
He directed Jacobs and Agabi to file all necessary papers before then and also directed that henceforth, all processes should be served on the prosecution lawyer in person.
Saraki, in the new motion filed on March 4, wants the court to quash the charge against him or strike it out and discharge him of the offences on the ground, among others, that the tribunal lacked the jurisdiction to try him.
He argued that the process leading to his arraignment was wrong and that he was denied fair hearing.
“The facts relating to these matters are no longer fresh in my memory, quite apart from the fact that I have lost many of my records pertaining to them. The charge does not serve that public interest and constitutes a gross abuse of the legal process,” Saraki argued.
These are mainly issues he had exhausted in his appeal, which the Supreme Court dismissed on February 5 and ordered him (Saraki) to submit himself for trial, before the CCT.
Although the tribunal commenced sitting Friday by 10.05am, Saraki and his supporting Senators arrived the tribunal around 9.50am.
Some of the members of the Senate at the proceedings include Stella Oduah, Dino Melaye, Sameul Anyanwu, Ike Ekweremadu, Danjuma Goje, Tayo Alasoadura, Ben Bruce and Ali Ndume.
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