15th April, 2016
Justice Abdul Kafarati of Federal High Court, Abuja has postponed ruling in the suit filed by Dr Bukola Saraki, against the Chairman of Code of Conduct Tribunal, Mr. Danladi Umar and others involved in his ongoing trial on charges of false declaration of assets till 12 noon on Friday.
Court staff announced that the judge will not deliver until noon, leading to dispersal of journalists, lawyers and associates of the Senate President who had gathered very early on Friday morning for the judgement which many believed is another gambit by the Senate President to halt the embarrassment he has been subjected from revelations of dirty financial scams from his trial at CCT.
Rotimi Jacobs, the defence lawyer in the suit who is also prosecuting Saraki on behalf of Federal Government is one of those already in court before the postponement was announced.
In the suit, Saraki argued that his trial before the CCT, as currently constituted was a violation of his right. The Senate President sid he could not get justice from the CCT Chairman who he claimed is currently being investigated by the Economic and Financial Crimes Commission, EFCC for alleged bribery. He argued that since EFCC is also prosecuting him before Justice Umar, the CTC Chairman may find it difficult to do justice and act independently in his (Saraki’s) case.
“It is our argument in the suit that the Code of Conduct Tribunal cannot act independently the way it is currently constituted because we believe It’s Chairman, Danladi Umar, who is currently under investigation by the EFCC, cannot be independent in deciding a case being prosecuted before him by the EFCC.
“We have also contended that the EFCC, by admitting that the investigation of the case against our client was done by a special task force, as against the requirement by the provision in Schedule 3 of the Constitution, has usurped the exclusive duties of the Code of Conduct Bureau (CCB). It is on that basis we argued that our client cannot get justice under the current arrangement and asked the court to quash the charge,” Oluyede, who is the lawyer to the Senate President said.
In essence, Saraki is asking the High Court to disqualify Justice Umar from presiding over his trial at CCT and challenging the legality of the charges.
Many lawyers had argued that the High may be over reaching its powers if the grants the request since it has no supervisory role over the Tribunal.
Justice Kafarati was originally scheduled to deliver judgement in the case on 22 March after the parties have argued their briefs.
But the Judge told the parties that he has returned the case file to the Chief Judge of Federal High Court for re-assignment, following media reports accusing him of bias.
Saraki’s lawyer however prevailed on the Chief Judge of the Federal High Court to compel Justice Kafarati to deliver the judgement, arguing that none of the parties to the case is complaining.