Here’s the full press
statement from, his spokesperson, Yusuph Olaniyonu, explaining why the Senate
President snubbed the code of conduct tribunal
CCT Defiance of
Subsisting Court Order : Our Stand
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 and his absence from the Tribunal today was based on
the legal advice he received from his counsel that the Tribunal will respect
the decision of the Federal High Court which is obviously a superior court of
records. Also, he relied on a letter from the Chief Justice of Nigeria directed
to the Chairman of the Tribunal last May that they are not judicial officers
and are inferior to the regularsanni High Court as defined by the law and that
they take official oath not judicial oath.
10. We will like to
state therefore that Dr. Saraki will not do anything to undermine the judicial
process and authority but he will always act to protect his fundamental human
rights.
