The Code of Conduct Tribunal (CCT) in Abuja has dismissed a motion filed by embattled Senate President, Bukola Saraki, seeking to disqualify the tribunal’s presiding judge, Danladi Umar.
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| Saraki leaving his Code of Conduct Tribunal Sahara Reporters Media |
Delivering his ruling today, Justice Umar refused to disqualify himself from the trial stating that, having analyzed the submission of both parties, he considered the application to lack merit. He ruled that Mr. Saraki’s motion was dismissed in its entirety.
Senator Saraki’s controversial lawyer, Raphael Oluyede,had on Wednesday asked Justice Umar to secure himself from the case, adding that the CCT’s chairman lacked the moral justification and pedestal to preside over the senator’s case. The lawyer argued that Justice Umar was not qualified to preside over the case since the judge was equally facing a criminal investigation initiated by the Economic and Financial Crimes Commission (EFCC) over an alleged involvement in a N10 million-bribery scandal. Senator Saraki’s lawyer expressed fear that his client would likely not get justice before the court.
The lawyer based his motion on the premise that the EFCC, rather than the Code of Conduct Bureau (CCB), had filed the charges against the senator.
Mr. Oluyede was last week smuggled into Senator Saraki’s defense team through the backdoor as he was never listed as part of the team of 90 defense lawyers. He had never appeared before the tribunal since the senator’s trial commenced.
In court last week, Mr. Oluyede exhibited unruly behavior towards the tribunal and its chairman, sparking a dramatic verbal confrontation between him and Justice Umar. He defied the judge’s orders to “to sit down,” insisting that his motion must be heard.
A legal source told SaharaReporters that Mr. Oluyede had been the brain behind several applications filed in high courts seeking to halt Mr. Saraki’s trial.
In arguing against the motion that Justice Umar should remove himself, prosecuting counsel, Rotimi Jacobs,warned the defense counsel against maligning the CCT chairman. He stressed that Justice Umar had never been charged to any court or convicted of any offence. He argued that the defendant, Senator Saraki, was still performing his duties as Senate President despite the fact that charges have been filed against him and he has been facing a trial. He contended that there was no basis for the defense to call on the CCT chairman to disqualify himself on the basis of a purported allegation of bribery.
Mr. Jacobs also reminded Senator Saraki’s counsel that the EFCC had stated that the anti-corruption agency found no evidence that Justice Umar committed any offence, adding that the agency concluded it had no grounds to prosecute the judge. The EFCC’s investigation of the CCT chairman had been concluded since March 20, 2015.
On the certification of the EFCC letter exonerating Justice Umar, Mr. Jacobs argued that it was a public document, and therefore complied with section 104 of the Evidence Act.
The prosecutor described the senator’s application as diversionary and absurd, a ploy meant to embarrass and harass the chairman of the CCT and the tribunal. “We have had [a] series of harassment, even the prosecution; they [the defense] have harassed us several times. No one is above the law. This desperation must stop and we must follow due process, not personality,” Mr. Jacobs stated. He urged the tribunal to dismiss the motion for lacking in merit.
SOURCE: SAHARA REPORTERS, NEW YORK
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