Press release from the office of the Senate Office
Following the development in the Code of Conduct
Tribunal (CCT) today, Friday, September 18, 2015
when the Tribunal chose to ignore the subsisting
order of a Federal High Court by sitting, we hereby
state our position as follows:
1. While the Senate President, Dr. Abubakar Bukola Saraki,
had stated and maintains that he is ready to submit himself
to due process of the law on any issue concerning him, he
also believes he has an inalienable right to resort to the
same judiciary for protection when he feels his fundamental
rights are about to be infringed upon.
2. It is for this reason that Dr. Saraki, having satisfied
himself that the case filed by the CCB and the manner in
which the case was filed show that he will not be given
justice, resorted to the Federal High Court for the
determination of the issues of competence of the
prosecutor as well as compliance with the procedure
stipulated in the Code of Conduct Bureau and Tribunal Act.
3. The Federal High Court on Thursday, September 17,
2015, therefore ordered that the all parties in the case
should appear before it on Monday, September 21, 2015 .
The implication of this ruling by a Court of competent
jurisdiction is that the sitting today has been overtaken by
event. It is for this reason that Dr. Saraki chose to go about
with his normal official schedule.
4. Today at the Tribunal, Counsel to the Senate President,
Mr. M. A. Mahmud (SAN), raised a motion stating that there
is a pending constitutional matter before the Federal High
Court to be decided on Monday and that the Tribunal should
hold the trial until the constitutional matter is disposed of.
5. We are however dismayed that the Tribunal chose to
disregard the order of the Federal High Court and the
motion to suspend hearing till Monday when all parties are
expected to argue their positions on the constitutional
matter.
6. It is also a surprise to us that despite the application by
the lead counsel to the Senate President that he will
produce Dr. Saraki on Monday and the personality of the
person involved as the Number three man in the country,
the Tribunal insisted on issuing a warrant of arrest as if its
intention is simply to embarrass Dr. Saraki. We are not
unmindful of the fact that the Tribunal is acting under
political influence and external pressure. This is dangerous
to our democracy.
7. The conduct of the Tribunal today left nobody in doubt
that it cannot do justice on the matter before it. It is also
clear that today's decision is an abuse of the rule of law
which portends danger to our judicial system. The Tribunal
has equally set a bad precedent in the way and manner it
conducted itself during the proceedings.
8. We want to emphasise the fact that this is not part of
any war against corruption but using state institutions to
fight political opponents and seeking to achieve through the
back door what some people cannot get through
democratic process.
9. We need to caution here that in a desperate bid to settle
political scores and nail imaginary enemies, we should not
destroy our democratic institutions and heat the polity for
selfish reasons. Let us all learn from history.
9. The Senate President is a law abiding citizen who will not
do anything to undermine the judicial process and
authority. However, Dr. Saraki will always act to protect his
fundamental human rights.
End
Signed
Yusuph Olaniyonu
Special Adviser (Media and Publicity) to the Senate
President.
