Following his unsuccessful effort to obtain an order of the Federal High Court to invalidate Chairman of the Code of Conduct Tribunal (CCT), Justice Danladi Umar from his test, Senate President Bukola Saraki has written directly to the tribunal to have its Chairman disqualified.
In the application submitted at the CCT’s Registry on Tuesday, Saraki, through his lawyer, Ajibola Oluyede, is raising the very same issue of legal rights offense, which he canvassed in the fundamental rights enforcement suit that Justice Adamu Abdu Kafarati of the Federal High Court, Abuja dismissed in a judgment on April 15.
Just as in the suit before the federal High Court, Saraki is contending in the fresh application that he would likely not get fair trial because Umar was allegedly being investigated on allegation of corruption by the Economic and Financial Crimes Commission (EFCC), the same agency which is conducting his (Saraki’s) prosecution before the CCT.
He alleged that since the CCT Chairman was being investigated, he was likely to be manipulated by the Executive to give a judgment that favours the prosecution. He argued that the current composition of the tribunal would not guarantee its fairness and impartiality.
Justice Kafarati, had while resolving this issue in his April 15 judgment on the suit by Saraki, marked FHC/ABJ/CS/905/2015, noted that the anxiety being expressed by Saraki was unfounded. And that the fear expressed by Saraki, to the effect that he will not get justice at the CCT, was “speculative, misplaced and has no place in law.”
He also added “I did not have account package opening on foreign account. I have seen evidence of transfers and transaction to foreign accounts. Since I did not see any evidence of complaint from the defendant that his money was transferred to another person’s account outside Nigeria, that was sufficient for me to be convinced that he has foreign accounts.”
He said foreign partners were contacted on information about details about the foreign account. “It is still on-going. They have not fully obliged us with the information,” Wetkas said.
The trial resumes today at 10 am.
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