Court Summons Saraki, CCB, Others
According to fresh reports, Justice Ahmed Mohammed of the Federal High Court,
yesterday, summoned the Federal Ministry of Justice, Chairman of the Code of
Conduct Bureau, CCB, Mr. Sam Saba and that of the Code of Conduct Tribunal,
CCT, Justice Danladi Umar, to appear before the court on September 21, to show
cause why Senate President, Dr. Bukola Saraki should be prosecuted.
Also summoned to appear before the court is the deputy director in the office
of the Attorney General of the Federation, Mr. M.S. Hassan, who signed the
charge against Saraki. The court order was sequel to an ex-parte motion marked
FHC/ABJ/CS/775/15, which was filed and moved in chamber, yesterday, by
Saraki’s lawyer, Mr. Mahmud Magaji, SAN.
According to Vanguard, Saraki has lined up a consortium of 12 senior lawyers,
including three Senior Advocates of Nigeria, to represent him before the
court. His legal team is led by a former President of the Nigerian Bar
Association, NBA, Mr. J.B. Daudu, SAN.
Justice Mohammed ruled that “An order is hereby made directing the Respondents
to appear before this court on Monday, September 21, 2015, and show cause why
the motion for an order of injunction being sought by the plaintiff/applicant
should not be made by the court.
“All the respondents should be served with the Originating Summons filed in
this suit, its accompanying affidavit, the motion-on-notice for interlocutory
order of injunction, the motion ex-parte for interim order of injunction, the
affidavit of urgency and all the exhibits attached to the various affidavits
filed.”
The court which relied on provisions of Order 26, Rule 10 of the Federal High
Court Civil Procedure Rules, 2009, further directed that hearing notice should
be served on all the respondents to compel their attendance in court on that
date.
Also Read;
Alleged false declaration of assets: Code of Conduct Tribunal docks Saraki
tomorrow
Vanguard also reports that; Saraki had through his lawyer, argued that going
by a 1985 decision of the Supreme Court in the case of Attorney-General of
Kaduna vs Hassan, recorded in Part 8 of the Nigeria Weekly Law Report, NWLR,
the Solicitor-General of the Federation cannot exercise the powers of the
Attorney-General of the Federation.
He maintained that in the absence of a substantive AGF, the charge entered
against him before the CCT amounted to a nullity.
“By section 24(2) of the CCB and Tribunal Act, the power to charge and arraign
can only be exercised where there is an incumbent AGF. This position of the
law was further fortified by Paragraph 18 of the Third Schedule of the CCB and
Tribunal Act”, Saraki contended.
Specifically, Saraki is praying the court for: “An order of interim injunction
restraining the 1st-4th Respondents, their officers, servants, agents and
privies from taking any further step culminating in arraignment and or
preferring a charge against the applicant, pending the hearing and
determination of the substantive suit.
“A declaration that in light of Section 24(1) of the CCB and Tribunal Act, Cap
C15, LFN, 2010, the 1st defendant has not complied with the provisions of the
Third Schedule to the Act before preferring a charge against the plaintiff.
“A declaration that in view of the provisions of Section 24(1) and 24(2) of
the CCB and Tribunal Act, Cap C15, LFN 2010, the defendants cannot proceed to
arraign the plaintiff at the CCT in the Charge No: CCT/ABJ/ 01/2015 between
the Federal Republic of Nigeria vs Dr. Olubukola Abubakar Saraki.
“A declaration that charge No: CCT/ABJ/ 01/2015 between the Federal Republic
of Nigeria vs Dr. Olubukola Abubakar Saraki, filed at the CCT against the
plaintiff is not valid and in the absence of a substantive Attorney-General of
the Federation.
As well as, “ An interim injunction of this honorable court directing the
parties in this suit to maintain status quo ante without any further
over-reaching actions on each other, and to return to their former positions
prior to this suit pending the determination of the motion on notice and
substantive originating summons, filed before this honorable court”.
In a 13-paragraph affidavit deposed to by one Efut Okoi, Saraki told the court
that he was served with a copy of the charge against him dated September 11,
with a directive that he should appear before the Tribunal today.
He said that the summons served on him indicated that the complaint was lodged
against him by the AGF.
He told the court that since May 29 when the life span of the administration
of former President Goodluck Jonathan expired, the administration of President
Muhammadu Buhari is yet to appoint an AGF.
“That upon assumption of office, President Muhammadu Buhari has made several
appointments ranging from the Secretary to the Government of the Federation to
Senior Special Advisers and Special Assistants.
“That I also know of a fact that President Muhammadu Buhari is yet to
appoint Ministers and other key Executive Officials.
“That it is also a fact that the Federal Ministry of Justice does not have an
Attorney-General/ Minister of Justice yet.”
He argued that on September 14 when the 4th Defendant/Respondent (M.S. Hassan)
took steps to initiate the charge before the CCT, he was never directed by any
AGF to do so, since there exists no substantive AGF.
“That the charge pending before the CCT is predicated upon the falsehood that
the plaintiff/applicant did not declare his assets in 2003, 2006 and 2011.
“That the applicant has consistently declared his assets as required by law at
every point before resuming any political office and that of 2015 was not
exception.
“That the 2nd defendant/Respondent had investigated the assets and ascertained
the claims made by the plaintiff”.
He said that he filled his asset declaration form in 2007, 2011 and 2015,
saying “the present charge was initiated by external influence and undue
interference on the CCT”.
He told the court that the CCB never wrote to him to complain of any
inconsistency in his asset declaration form.
Saraki maintained that the charge was “purely a malicious and
politically-motivated prosecution aimed at undermining the person and office
of the Senate President.
“That it is a fact that this charge pending before the CCT is a case of
desperation to intimidate the applicant due to his recent stance on national
issues.
“That the applicant had suffered series of harassment and intimidation in the
hands of the officials of the 1st defendant.”
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