By Zik Gbemre
With the recent development in Nigeria’s political space regarding the eventful arraignment of the Senate President, Dr. Bukola Saraki, before the Code of Conduct Tribunal, CCT, sitting in Abuja, on a 13-count criminal charge that bordered on corruption, false declaration of assets,and illegal operation of a foreign bank account while in office as a public servant, we can truly say that the ‘anti-graft war’ has taken dramatic twist in the right direction. It also shows that indeed, nobody is above the law, particularly under the current President Muhammadu Buhari administration.
Saraki’s appearance at the tribunal recently, came after he had failed in his attempts to use the Court of Appeal and the Federal High Court to stop his prosecution by the CCB, which he reportedly claimed did not give him the opportunity to clarify issues before the matter was taken to the tribunal. He had earlier filed applications at the two courts to question his prosecution, but on Monday September 21, 2015, he decided to honour the invitation of the CCT following the refusal of the courts to shield him from prosecution.
It is not surprising to see the Senate President run to the Court of appeal and the Federal High Court to stop his prosecution by the CCB. This has been the ‘unfortunate practice’ often exhibited by Nigerian public office holders who are always using this ‘window’ to avoid facing the law to prove their innocence. And we cannot help wonder what they are afraid of, if they do not want to face the law, especially when they always claim they are being accused wrongly. It has been said that “an innocent mind fears no accusation.” So we do not understand why our public officeholders accused of graft often run to the court to stop their prosecution. Doing this alone, is celar indication that they are hiding something that they do not want the law to expose and make them pay for it.
It is rather unfortunate that cases of large-scale corruption against senior politicians run on for years in the courts and hardly lead to convictions, with some of the rare convictions getting presidential pardon. At least 14 former Governors have been standing trial for many years, with no end in sight for their cases, which typically involve allegations of stealing dozens of billions from public coffers. A number of former Ministers and Federal lawmakers have also been facing long-drawn graft trials, being prosecuted by the Economic and Financial crimes commission (EFCC). Some of the longest-running corruption cases involve former Governors Peter Odili (Rivers), Abdullahi Adamu (Nasarawa),Chimaroke Nnamani (Enugu), Attahiru Bafarawa (Sokoto), Orji Kalu (Abia),Jolly Nyame (Taraba), Saminu Turaki (Jigawa), Joshua Dariye (Plateau),Rasheed Ladoja (Oyo) and Ayo Fayose (Ekiti). Most of these cases started at least 8 years ago. While his counterparts have been charged to court,Peter Odili has never been arraigned because of a perpetual injunction against arrest which he obtained in March 2008 and which still subsists. Other corruption cases against former governors dragging on in the courts are of Mohammed Danjuma Goje (Gombe), Aliyu Akwe Doma (Nasarawa), AdebayoAlao-Akala (Oyo), Gbenga Daniel (Ogun) and Timipre Sylva (Bayelsa), etc. The cases have been stalled mostly by series of objections raised by the suspects, while EFCC has also been blamed for lack of diligent prosecution. Perhaps, it is this ugly trend that must have necessitated Saraki to run to the Courts to stop his prosecution. Well, we are glad that they did not allow him have his way. Public Office holders must realize that they cannot use the law to prevent being prosecuted by the same law.
Firstly, if the CCT could muster such courage and boldness to pursue the execution of this case headlong against the number three citizen of the country, despite all the obstacles and ‘legal technicalities’ used by the Saraki camp to thwart and delay the process, we strongly believe it will goa long way in making other public office holders in government circles at the Federal and State levels to be more responsible, accountable and cautious of their actions while in office. However, let us reiterate here that since it is the responsibility of the Code of Conduct Bureau (CCB) to investigate every assets so declared by public office holders at all levels of government at their point of assuming office and when they leave, it is therefore expected that CCB should equally drag its net to cover every serving and former public office holders, and those found wanting to have falsely declared their assets in any way, should be exposed and dealt with the full weight of the law at the CCT.
Perhaps, it is this line of thought that has made many to wonder why the Senate President – Saraki, was singled out by the CCT to face charges regarding false asset declaration spanning 12 years ago. As such, they are arguing that the Senate President is being witch-hunted by top political interests (within and outside his party), who have not been happy with the manner Saraki maneuvered his way to become Senate President. But whatever the case maybe, the bottom line is that now that the CCT have suddenly woken up to duty to proffer the stated charges against Saraki, he should simply come forth and defend himself of all charges, if he claims to be innocent. Like they say, ‘those who live in a glass house should not throw stones’, and if one must come to equity, one must come with clean hands. In order words, we are not surprised by all these happenings.
Considering the fact that the 8th National Assembly has spent more time on recess than in the chambers of the Assembly, no thanks to the leadership struggle that has bedeviled the place since the intrigue that brought Saraki and Yakubu Dogara, his counterpart in the House of Representatives,into office in June 2015, we can say that these are not the best of times for Bukola Saraki as Senate President and chairman of the said 8thNational Assembly that has done virtually nothing about its law-making responsibilities, but has continued to rip Nigerians off collecting huge allowances for practically sitting on its palm and watching the sun godown each day since it was inaugurated.
Saraki’s latest troubles started on September 11, 2015, when the federal government filed a 13-count charge against him before the Code of conduct tribunal. Among other infractions, Saraki was accused of failure to declare ownership of properties on choice locations in Lagos and Abuja. These include property on Plot 2A, Glover Road, Ikoyi, Lagos; Plot 2482,Cadastral Zone A06 at No. 1 Tagus Street, Maitama, Abuja and Plot 2481,Cadastral Properties Limited at No. 3 Tagus Street, also in Maitama, Abuja. Although Saraki is also required to declare his assets as part of the process leading on to his election as two-time senator before his election as senate president, the infraction for which he is being called to account now dates back to his terms as governor of Kwara State.
This means Senate President Bukola Saraki has been required to declare and must have declared his assets a number of times since he made the declaration that is now proving troublesome for him. This cannot but lead to the reasonable question of what the Federal Government, or more appropriately, what the Code of Conduct Bureau has been doing all this while asking no questions about Saraki’s so called falsely declared assets? Did they just wake up to the realization that the man did not make full disclosure when he declared his assets years back as governor of Kwara State? Or is the CCB like the Economic and Financial Crime Commission (EFCC) that has suddenly woken up from its deep slumber and is now going after its prey after years of ignoring them under the previous ad ministration of former President Goodluck Jonathan – is the CCB like the EFCC merely doing the ‘eye-service’ of supporting the Muhammadu Buhari administration’s fight against corruption? What was this body doing all this while, Nigerians would be asking?
As Rotimi Fasan, a current affairs commentator has noted, in a country where the rumour mill is never silent and where conspiracy theories are not in short supply- in fact they are the first refuge of scoundrels with houses not just cupboards full of skeletons- in such a country like our where meanings are quickly read into actions no matter the merit of such actions, people have been peddling stories of Bukola Saraki being a victim of persons more powerful than him in the polity. High on the conspiracy list is the president, Muhammadu Buhari who has been accused of showing barely-concealed disdain for Saraki’s leadership of the National Assembly. First to tow this line of argument is the Peoples Democratic Party, whose spokesperson, Olisa Metuh, himself under serious accusations of corruption by members of his own party, has accused the Buhari presidency of despotism bordering on a desire to annex the powers of the legislative arm of government, and disdain for the principle of separation of powers. The reason the PDP would argue in this fashion is not difficult to see. It all dates back to the self-same intrigue that brought Saraki, a member of the All Progressives Congress, into office with the active connivance of his erstwhile comrades in the PDP, his former party. This was against the position of his party that had names of other party members penciled down for the leadership of the National Assembly. The APC therefore demanded their resignation to no avail. While the party was able to reach a compromise with Dogara at the House, the situation in the Senate has since been deadlocked with no solution. It has been said that President Buhari like other leaders of the APC has in principle refused to recognize the leadership of the Senate ever since,insisting that Saraki must tow the party line.
This is the brief story behind the finger-pointing by the PDP in the latest case against Saraki. It is just one step away from the claims of other internet warriors that have fingered Bola Tinubu, another leader of the APC, as being responsible for Saraki’s troubles. While the CCB has to be seen for the hypocrite it is for turning a blind eye to Saraki’s alleged failure to comply fully with the demands of the body, we should not be blind to the facts of the matter. These are best summed up by the following question: is Saraki at fault or not? In other words, did Bukola Saraki hold back facts about the ownership of the properties in question?Since the effect of the law for failure in this instance is not time-barred, since there is no specific limit to when charges can be filed, what Bukola Saraki should do is show that he did not own the properties attributed to him at the time he was supposed to be their owner. Perhaps, he does not even own any such properties in therefore-mentioned locations and has probably never been to those places. All he needs to do, and which his counsel who has promised to produce him before Justice Umar had his plea to the tribunal to set aside its warrant of arrest been accepted- what Mr. Daudu and other supporters of Saraki ought to tell him, is that he should first of all clear his name rather than allowing opposition party members to politicise a serious matter of law.
Senate President Bukola Saraki and President Muhammadu Buhari or even Bola Tinubu may not see eye to eye, at least that is what we have been made to believe and observe, on the question of who leads the National Assembly but that cannot and should not be the explanation he has to offer for the charges levelled against him. He should in the first instance prove his bona fides and take on his accusers on the point of law by proving his innocence before launching any claim of a witch-hunt against his person or interest.It is against this backdrop that we do not understand why the apparent‘ lecture’ by Senator Saraki during his ordeal at the CCT before he pleaded“not guilty.”
The President of the Senate, who used his arraignment to open up, told the tribunal that he was being brought for trial because of his new status as Senate President. At another point, Saraki said he was shocked with the issues being raised against him because he was seeing them for the first time in his life. Shortly after the first of the 13-count charge was read to him, the accused informed the tribunal that the CCB putting him on trial even violated its own law with its alleged deliberate refusal to first invite him (Saraki) for clarifications on the discrepancies in his assets declaration forms as provided for under Section 6 of the CCB Act2004. He asked the tribunal headed by Justice Danladi Yakubu Umar to acting the best interest of justice and not in favour of external forces that were allegedly out to fight him on vendetta.
In fact, there was a mild drama in the CCT during the said trial with Saraki initially refusing to mount the dock to enter his plea to the charge. However, the back and forth argument between the prosecuting counsel, Mr. Rotimi Jacobs, SAN, and Saraki’s lawyer, Mr. J.B.Daudu, SAN,later laid this to rest. Having failed to persuade the tribunal, a visibly displeased Saraki strode into the dock. As the court Clerk read the first count of the charge to him, the accused then took time to lecture the tribunal on the appropriate course of action it ought to have taken before docking him over alleged false declaration of assets. He complained that he was never afforded the opportunity by the CCB to clarify whatever disparity it observed in the assets he declared while in office as the governor of Kwara State. Saraki, who addressed the court from the dock,said: “I am a firm believer of the rule of law. I am happy that some of the good works the senate has done in the justice administration have been made reference to. We were the ones that passed the Code of Conduct BureauAct.
“I just want to make this brief introduction to show you that I believe in the process of the rule of law. Section 3(d) of the CCB & Tribunal Act says that, if there is a breach in asset declaration, the CCB shall refer the matter to the CCT, after giving a defendant an opportunity to either confirm if those facts were true or not, then the matter shall be referred to the tribunal. I felt that the CCB should have called me according to the law because we have been talking about new Nigeria.
We have been talking about Nigeria going forward. Mr Chairman, as a layman, I should know why I should be punished like this. We are all watching, we are all before the world not only before Nigerians, I will conform myself with due process, that is why I have come here to subject myself before this tribunal. I strongly believe that I am here today because I am the Senate President. So as I stated before, I want to say that I am not guilty”, Saraki pleaded.
To us, we believe all of this was uncalled for and unnecessary. Nobody asked Saraki to be ‘a judge in his own matter’ or to be sentimental with the whole case. What Nigerians expect from him is simply to defend the allegations brought against him and prove his innocence. As supposed lawmakers of the National Assembly, Saraki and others like him should lead by example by humbling himself to go through the normal process of the law without looking for avenues and windows to thwart the whole process. A simple as that!
Zik Gbemre, JP
National Coordinator
Niger Delta Peace Coalition (NDPC)
No.28, Opi Street, Ugboroke Layout, Effurun-Warri,
P.O. Box 2254, Warri, Delta State, Nigeria.
Tel: +2348026428271
+2348052106013
Website: www.ndpc-zik.org
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