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| Dr. Bukola Saraki |
SENATE President Bukola Saraki has urged the Federal High
Court of the Federal Capital Territory to quash the forgery charge filed
against them by the Federal Government.
Saraki, in an application filed by his lawyer Ahmed Raji
(SAN) also prayed the court to grant him permission not to appear in person in
consideration of office which will suffer adversely if his presence during the
trial must be required adding that he is already undergoing another trial at
the Code of Conduct Tribunal (CCT)...
Also sought by the Senate President was an order setting
aside the purported service of the Charge/Information Sheet which was done by
substituted means on him through the notice board of the Senate. The court had
ordered for a substituted means after the court registrar stated that all
efforts to serve the accused inn person were futile, hence their absence for
the trial on the fixed date.
Saraki, the third defendant, was charged along with
Deputy Senate President Ike Ekweremadu, former Clerk of the Senate Salisu
Abubakar Maikasuwa and Deputy Clerk Benedict Efeturi.
Raji said the application, which was filed on Wednesday,
had been served on the prosecution which he also prayed for an order quashing
the charge for non-disclosure of a prima facie case against him as well as an order
suspending or adjourning sine die all the proceedings against him pending
hearing and determination of the charge at the Code of Conduct Tribunal (CCT),
Abuja, for alleged false asset declaration.
“The notice of trial and information ought to be served
on the third defendant. No unsuccessful attempt was made by the complainant to
effect personal service of the Information/Charge on the third defendant.
Hence, pasting of the processes on the Notice Board of the National Assembly is
not good service.
“No prima facie case has been disclosed against the third
defendant in this charge. There is no link between the proof of evidence and
the allegations made against the third defendant in the charge.
“The third defendant is currently standing trial at the
Code of Conduct Tribunal over alleged offences under the Code of Conduct Bureau
and Tribunal Act in Charge No. CCT/ABJ/01/15 between FRN v. Dr. Olubukola
Abubakar Saraki.
“Accelerated hearing has been ordered for the prosecution
of the said trial, in consequence of which the proceedings therein are being
conducted on virtually day to day basis.
“The third defendant requires adequate time and
facilities for the preparation of his defence. The prosecution of this charge
concurrently with the other one being tried at the CCT will not only work great
hardship against the third defendant, but will also deny him an opportunity to
a fair trial.”
In a supporting affidavit, Dolapo Kehinde, a lawyer in
the firm of Ahmed Raji & Co, one of the firms engaged by Saraki to defend
him, said Saraki’s trial at the CCT has been “protracted notwithstanding the
fact that accelerated hearing was ordered for the prosecution of the trial
“I am aware, having been attending all the proceedings
thereto that there has been occasional overlap in the conduct of the
proceedings and legislative activities in the Senate. It is common knowledge
that the legislative roles, administrative duties and national obligations of a
Senate President can neither be underplayed nor undermined.
“It is also common knowledge that the country is
currently wading through tough economic situations, while the national
stability is at a precipice; thus, requiring constant need of immediate
legislative interventions.
“I am aware that the Nigerian people have enough economic
hardship at this time requiring the full attention and cooperation of the three
arms of government, instead of these attempts to distract and politicise
governance; especially because the country is in a state of economic emergency
such that what the National Assembly needs at this time are executive bills and
proposals aimed at resolving the crises of unemployment, currency depreciation,
inflation, crime, insecurity etc.
“I know that the charge in Exhibit ‘B1’ has consistently
constituted a distraction, although the third defendant has dexterously managed
the situation to the amazement of all and sundry.
“The preferment of the instant charge is a precipitated
decision made in bad faith, not only with an odious intention to scuttle
legislative businesses at the Senate, but also a move to further throw the
country into greater instability, such that distract Senators from their
oversight functions and accountable governance.
“I know that the concurrent prosecution of this charge
with the other one at the CCT will not only work great hardship against the
third defendant, but will also deny him an opportunity of a fair trial.
“The third defendant requires adequate time and
facilities for the preparation of his defence in the instant charge. He
will be adversely prejudiced and denied a fair trial/fair hearing if he is
made to simultaneously stand trial for the two charges.
“On account of national exigencies and necessities, the
need to dispense with the presence of the third defendant/applicant during
hearing and determination of this Motion on Notice is also desirable.
“In the interest of justice and fair play/trial, it is
imperative that proceedings in this Suit are suspended or adjourned sine die,
pending determination of the proceedings/trial at the Code of Conduct
Tribunal.”
“This application not only bothers on the sensitivity of
imminent national occurrences, but also touch on the constitutional right of
the third defendant to a fair trial,” the deponent added.
He also contended that the petition by a group, Unity
Forum, to the Inspector-General of Police alleging that the National Assembly
Standing Rules was forged does not mention Saraki’s name but only requested the
police to investigate the matter.
Without taking chances, Saraki also filed a bail application
through his counsel; which is to be argued should he be arraigned. In the bail
application, he is seeking, among others, to be granted bail on
self-recognition since the charge is a bailable offence, pending hearing and determination
of the charges preferred against him. No date has been fixed for hearing.
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