The Senate President, Dr. Abubakar Bukola Saraki has said he will appear before the Code of Conduct Tribunal on Tuesday, following the continuous request that he be made to appear to clear himself of the standing allegation of false declaration of asset.
A statement from the media office of the Senate President said, ”while the Senate President, Dr. Abubakar Bukola Saraki, had stated and maintained that he is ready to submit himself to due process of the law on any issue concerning him, he also believes that 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.”
The statement further affirmed that Saraki was a law abiding citizen and that his absence from the tribunal was based on the legal advice he received from his counsel that it was not necessary for him to appear before the tribunal at this stage since the jurisdiction of the tribunal and the process of initiating the matter were being challenged before the federal High Court in Abuja.
It said that, ” following the adjournment for the determination of the motion on notice and the substantive suit before the Federal High Court to 30th of September and the appeal pending before the Court of Appeal adjourned to the 29th of September 2015, the Senate President has decided, as a law abiding citizen, to appear before the Tribunal in the interim.’
”Dr. Saraki has taken the decision to attend the Tribunal sitting to demonstrate his respect for the rule of law in spite of his personal reservation on the process of his trial and the purpose it may be intended to serve.
The statement assured Nigerians of Saraki absolute belief in the judicial process and ”is therefore confident that the course of justice would be served at the end of this matter.”
As proceedings began, Justice Danladi immediately asked that Saraki be put in the dock, but his defense counsel Joseph Daodu rose to announce that he was absent. According to him: “There is an interlocutory injunction by the Federal High Court in Abuja restraining further hearing by the Tribunal.”
Daodu also cited provisions of the Tribunal Act that where there was subsisting interlocutory injunctions, appearance of accused was not mandatory, thus, there is conflict of injunctions and his client may not know which one to obey.
Prosecuting Counsel, Rotimi Jacobs who represents the Federal Ministry of Justice re-emphasised that the Code of Conduct Tribunal has coordinate jurisdiction, thus it seeks the Tribunal to go ahead with hearing.
However, Chairman of the Tribunal has said the issue of Saraki’s none appearance remains an issue to be pounded separately while reminding the defense counsel of his undertaking to produce Saraki before his Court today which (Daodu) sought for and, which he noted.
“I want to remind you that you sought for an undertaking to produce Senator “Bukola Saraki before the Tribunal and I said it is noted, which was recorded. Or you didn’t get what I said?,” Tribunal Chairman said.
Meanwhile, as the Court reconvenes from break at exactly 1.00 pm, the Tribunal Chairman cited provisions of relevant sections of law interalia: “Those of Code of Conduct Tribunal, Criminal Code Act as applicable in the Northern region and Administration of Criminal Justice Act, 2015, ruling that Bukola Saraki be made to appear personally tomorrow ( Tuesday)
