Embattled President of Nigeria’s Senate Dr Bukola Saraki, on Wednesday requested the Chairman of the Code of Conduct Tribunal, Mr Danladi Umar to disqualify himself from his trial.
Saraki accused Umar of lacking the moral justification to preside over his trial on allegations of false declaration of asset.
The counsel to the Senate President, Mr Raphael Oluyede, during the hearing insisted that Mr Danladi was still under investigation by the Economic and Financial Crimes Commission (EFCC), the same agency that allegedly filed the criminal charges against him.
He pointed out that it was obvious that the said investigation was used as a bait by the EFCC to get Mr Danladi to do its bidding.
He, therefore, asked the chairman to excuse himself from the case, in the interest of justice and fair hearing.
Oluyede argued that since the EFCC was largely responsible for the trial and also responsible for investigation of the N10 million bribery allegations against the CCT chairman, there was no way the trial would be objective.
“Since the sword of Damascus is dangling in the direction of the chairman of the Tribunal, he may be tempted to dance to the tune of the anti-graft agency,” he told the Tribunal.
Oluyede insisted that available facts had proved that the EFCC had a case against the Chairman of the Tribunal, as buttressed in its letter to the Secretary to the Government of the Federation on 5th March 2015 and also on 20th April 2016.
He added that even though it had stated that it had cleared the Chairman of the Tribunal, in the same vain, it made mention of the fact that the Chairman did met with an accused person in his office and that he also demanded 10 million Naira bribe from the said accused person.
He, therefore, asked the Chairman of the Tribunal to withdraw honourably from further participating in the Senate President’s trial in the interest of justice.
Objecting the motion, the prosecuting counsel, Rotimi Jacobs, asked the Tribunal to dismiss the motion, claiming it lacked merit.
He accused the Senate President of harassment, citing a bill before the Senate attempting to amend the Act that established the CCT and the Code of Conduct Bureau.
“The bill before the Senate is designed to whittle down the powers of the Chairman of the Code of Conduct Tribunal, as a result of the Senate President’s trial,” he stated.
Mr Jacobs also describe the issues raised in the motion as matters of sentiment which had no place in law.
He also accused the Senate President and his team of predicating the motion on the wrong assumption that the EFCC was the one trying the Senate President when it was the Federal Government to this end he asked that the motion be discountenanced.
After listening to both parties, the Chairman of the Tribunal, Mr Danladi Umar, said he would adjourn to 28th April for ruling on the application and then continuation of the cross examination.
He also hinted the Tribunal that discussions were ongoing with major television stations to televise the proceedings live to show that the Tribunal had nothing to hide.
Jacobs told reporters that the application was frivolous and a waste of the time of the Tribunal, the counsel to the Senate President described the statement by the Chairman of the Tribunal as ‘corroborating his client’s stance that he was bias’.
