Police: We’re Ready For Saraki’s Arrest, if… I’ll be at tribunal today, says Senate president
Appeal court, Federal High Court reject senator’s requests
The police yesterday expressed their readiness to arrest Senate President Bukola Saraki if he fails to heed the summons of the Code of Conduct Tribunal (CCT), which is trying him for false declaration of assets. Force Public Relations Officer, Mrs. Olabisi Alofe Kolawole, an Acting Assistant Commissioner of Police, told New Telegraph in a telephone interview that the tribunal had finally transmitted to the police the bench warrant ordering Saraki’s appearance before it, for execution.
On whether the police, which failed to execute last Friday’s order of the tribunal to arrest Saraki because the bench warrant was not transmitted to them, would arrest the Senate president today, she said it would depend on sarakidevelopment.
A check by New Telegraph at the registry of the tribunal yesterday indicated that the order has been transmitted to the Inspector General of Police, Mr. Solomon Arase. With the situation of things, the coast seems to be clear for the tribunal to commence the trial today.
Kolawole spoke a few hours after Saraki had promised to appear before the tribunal today to defend the 13-count charge preferred against him. Saraki made the pledge after he lost his spirited legal battle to halt his trial.
The beleaguered Senate president had failed to convince the Court of Appeal to quash the bench warrant for his arrest issued against him by the tribunal last Friday when he failed to appear before it to answer to the 13-count charge preferred against him.
He also lost his bid at the Federal High Court, sitting in Abuja, to stop the trial pending the determination of an ex-parte motion before the court. Rather than grant his requests, the two courts directed that he should put the tribunal and other parties to the case on notice.
However, the tribunal, at its sitting in Abuja yesterday, had issued a fresh bench warrant, ordering the Inspector General of Police, Mr. Solomon Arase, to arrest Saraki and produce him before it today to answer the charges against him. Shortly after the rulings of the two courts, Saraki told journalists in Abuja that he would appear before the CCT today to demonstrate his respect for the rule of law.
He said: “Well, with the ruling of the Appeal court, I think based on legal advice, we shall exercise our rights and being a law-abiding citizen, by the directive of the CCT, saying that one should be there tomorrow (today), I will be there. “I have nothing to hide. One was exercising one’s right both at the Federal High Court and at the Court of Appeal.
So, I will be there before the tribunal. The most important thing is that I believe in the process, and I will be there in the morning.” Saraki assured Nigerians of his absolute belief in the judicial process, expressing confidence that the course of justice would be served at the end of the matter.
Earlier, the Court of Appeal and the Federal High Court sitting in Abuja in two separate rulings yesterday, had refused the exparte applications brought by Saraki seeking to stop his arrest by the police and stay proceedings before the CCT over alleged false assets declaration. Saraki had wanted the Federal High Court to stop the Code of Conduct Bureau and the tribunal from prosecuting him.
He had also prayed the Court of Appeal to stay the order of arrest made by the tribunal and stay proceedings in his trial. However, at the Court of Appeal, Mr. Adebayo Adelodu (SAN), through an ex-parte application, had prayed the court to set aside the order of arrest on Saraki and stay the proceedings at the tribunal. Ruling on the application, the presiding judge, Justice Moore Adumein, held that Section 15 of the Court of Appeal Act 2004, as amended, gave the court the general power to make interim orders. He further noted that for the court to exercise such powers, the application for the interim order should be in writing.
“It is for this reason that the court will refuse this application for interim injunction. It would better serve the interest of justice for the respondents to be put on notice. “Consequently, the motion is hereby refused and struck out”, the court held,” he said. After the ruling, Adelodun prayed the court to make a preservative order to preserve the rest of the case to maintain status quo.Responding, Justice Adumein stated that it was not in the interest of the court to interfere in the affairs of lower courts.
“To appear before the tribunal is not a death sentence, we can come in at any point”, he stated. Justice Adumein adjourned until September 29 for hearing of the motion on notice.
Also, the Federal High Court, which had on Thursday summoned the chairmen of the Code of Conduct Bureau tribunal and a deputy director in the Federal Ministry of Justice, M.N Hassan, to appear before it yesterday to show why they should not be restrained from prosecuting Saraki, failed to stop his trial. During yesterday’s proceedings, Adelodu prayed the court to make his client’s prayers in the ex-parte application on Thursday absolute.
He prayed the court to make an absolute order that will stop the tribunal from proceeding with the trial. Ruling on the application, Justice A.R Mohammed held that in view of the fact that the respondents have taken issues with the plaintiffs, coupled with fundamental, constitutional and radical nature of the preliminary objection which borders on the jurisdiction of the court and supervisory powers on the tribunal, the court would not dissipate energy and time on interlocutory matters.
The court, therefore, dismissed the application and ordered the applicant to put the respondents on notice. He later adjourned until September 30 for hearing of the substantive suit. At its sitting yesterday, the CCT had renewed its order of arrest on Saraki. Saraki’s counsel, Mr. Joseph Daudu (SAN), had on Friday given an undertaking to produce his client in court yesterday.
However, at the resumed trial yesterday, Daudu informed the tribunal that the accused had filed an appeal, challenging the ruling of the tribunal. He, however, prayed the tribunal to stay proceedings pending the determination of the appeal.
Opposing the application, prosecution counsel, Mr. Rotimi Jacobs (SAN), argued that Section 305 and 306 of the Administration of Criminal Justice Act 2015 did allow a stay of proceeding in any criminal matter any longer. He said because of the undertaking made by Daudu on Friday that he would produce Saraki in court yesterday, he (Jacobs) had advised the Federal Government not to execute the bench warrant as a mark of honour to the senior lawyer. But he expressed surprise that in spite of the undertaking by Daudu to produce Saraki, the accused person was still not in court. Jacobs, therefore, prayed the tribunal to compel Saraki to appear before it.
Ruling on the matter, Justice Danladi Umar said: “We have taken note of the observations of the accused’s counsel on the pending matter at the Federal High Court, but it is worthy of note that the order of the Federal High Court did not suspend the sitting of the tribunal. “We also disagree on the argument of the accused that applicability of the Administration of Criminal Justice Act did not affect this tribunal, this tribunal is duty bound to apply the new law because it affects the tribunal.
“This tribunal has to take a position that in the interest of justice and the position of the tribunal is that the accused must be compelled to appear before this tribunal tomorrow. “In this wise, we re-affirm that the bench warrant of last Friday must be executed for the Inspector General of Police or other security agencies to arrest and produce the accused before this tribunal tomorrow by 10am.”
However, more senators yesterday rallied behind Saraki in a show of their loyalty and total support to his leadership. Notable among senators who went to his office between 9 am and 4.30 pm to pay him solidarity visits were the Deputy President of the Senate, Ike Ekweremadu, Deputy Leader of the Senate Ibn Na’Allah, Senators Hope Uzodinma (PDP Imo West), Mao Ohuabunwa (PDP Abia North), Mohammad Ohiare (APC Kogi Central).
Others include senators Theodore Orji (PDP Abia Central), Abdulraman Abubakar (APC Kogi West), Binta Garba (APC Adamawa North), Olaka Nwogu (PDP Rivers South- East). Also sighted at the office of the embattled President of the Senate were Senators Obinna Ogba (PDP Ebonyi Central), Sonni Ugboji (PDP Ebonyi South) and Kabiru Gaya (APC Kano South), among others.
As at the time of filing this report, more lawmakers from the House of Representatives, whose names could not be ascertained and other well-wishers were trooping in and out of the office Saraki. Earlier, senators loyal to the embattled Senate president had warned that the way the matter of Saraki was being handled was inadvertently affecting governance and could make the ruling All Progressives Congress (APC) plunge Nigeria into anarchy.
In their separate reactions while fielding questions from New Telegraph, the senators expressed surprise that this could happen in a country that voted for change to engender rapid socio-economic development and good governance at all levels. Commenting on the issue, Senator Sonni Ogbuoji, said Saraki’s current travail was an indication that the APC had no programme for the country, but to use state apparatus to witch-hunt perceived political enemies.
Also, Senator Joshua Dariye (PDP, Plateau Central), warned that the unfolding scenario was not a good development, lamenting that the country could not witness meaningful transformation if the crisis continued unresolved. In his own reaction, Senator Obinna Ogba, said the action of the CCT was a political witch-hunt against Saraki because of his emergence as the President of the Senate, in spite of opposition from the APC leadership.
New Telegraph.
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