According to SR, they've unearthed a fresh plot by Senate President
Bukola Saraki to frustrate his corruption trial at the CCT where he has
been charged with false asset declaration and other financial crimes.
Saraki’s latest effort to thwart his trial began to materialize when
the Code of Conduct Tribunal granted him a week-long adjournment after
his legal team, led by former Attorney General of Nigeria, Kanu Agabi,
claimed that he had filed a submission at the tribunal on March 4, 2016,
challenging the tribunal’s jurisdiction to try the senator for
corruption.
In a curious twist in proceedings
neither the Secretary of the CCT nor the prosecutor, Rotimi Williams,
was aware of the ostensible motion. Court processes require that all the
parties to a case, as well as tribunal officials, must be informed of
the kind of critical submission Mr. Agabi claimed he had filed.
Instead,
a highly placed judicial source told SR that Mr. Agabi’s so-called
filing was illicitly handed to the tribunal judge, Danlami Umar, in
Saudi Arabia where he had gone to observe the lesser hajj. Mr. Umar
arrived back in Nigeria last weekend.
A lawyer familiar with the
case said, “Today’s developments [at the Code of Conduct Tribunal]
smacked of a design to ridicule the process. The Supreme Court already
reviewed the issue of jurisdiction in this case, and okayed the
continuation of Dr. Saraki’s trial. So for a seasoned lawyer like Agabi
to re-open the matter of jurisdiction was a mystery to me.”
Another
legal source said that Saraki's new lawyers were also working quietly
and reached an advanced stage in the motion they submitted at the
Federal High Court in Abuja arguing that the continuation of the
senator’s trial at the CCT amounted to a violation of his fundamental
human rights.
Saraki’s case at the Federal High Court seeking
again to nullify his trial is largely under reported, in part because
the senator has compromised many of the judicial reporters following his
trial. But a lawyer told SR that the senator’s attempt to use the
Federal High Court to scuttle his trial “should have been thrown out the
moment the Supreme Court of Nigeria ruled against the Senate President
who challenged the Court of Appeal which also ruled against him. Unless
the [Federal High Court] judge wants to take the position that his court
is superior to the Supreme Court.”
In fact, two lawyers told
Sahara Reporters that the judge in question, Justice Abdul Kafarati, was
known in legal circles “for being susceptible to high-level
corruption,” in the words of one lawyer.
The judge had been found to have N2billion
in his account according to sources at the Economic and Financial
Crimes Commission which he claimed to have made from farming. Justice Kafarati has fixed March 22, 2016 for his judgment on Mr. Saraki’s suit.
Our
legal sources disclosed that Mr. Saraki’s strategy was to delay the CCT
proceedings until March 22nd, when he hopes the Federal High Court in
Abuja would rule in his favor. “The delay which Chief Agabi secured for
the Senate President at the CCT today, by again challenging the CCT’s
jurisdiction, is part of a scheme to debate the frivolous matter [of
jurisdiction] until the March 22nd ruling comes down.”
A lawyer
who has followed the case said that he anticipated that, next Friday,
Justice Danlami Umar of the CCT would take oral arguments and reserve
his ruling till the following Friday. “The adjournment would enable
Senator Saraki to get a favorable judgment from Justice Kafarati,” he
said.
He added: “The senator and his lawyers are banking on the scuttling of
his case if they get the Federal High Court in Abuja to find that his
fundamental human rights have been violated.”
In an earlier report, SR revealed that
Saraki’s new lead attorney, Kanu Agabi, was the principal partner in a
law firm that first hired Justice Danladi Umar of the CCT when he was a
fledging lawyer.
One lawyer said the long-term relationship between Mr. Agabi and Justice
Umar had already influenced the senator’s trial at the CCT, pointing
out that Mr. Agabi had been able to secure two adjournments in
questionable circumstances and to purportedly file a motion that the
tribunal’s secretary and prosecutor did not know about.
In addition, Agabi also succeeded in prevailing on prosecutor,
Rotimi Jacobs, not to file fresh charges that show that Saraki continued
to receive his full salary as governor, several years after he left the
seat.
- What is the Presidency saying or doing about this matter? Or is this how our judiciary will be ridiculed?
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