Senate President, Dr. Bukola Abubakar Saraki, standing trial on asset declaration charges, has accused the chairman of the Code of Conduct Tribunal, Mr. Danladi Yakubu Umar, of bias and insisted that he cannot get justice under his chairmanship.
Saraki, in a motion he filed against Umar, urged the CCT boss to disqualify himself from further participating in his trial on the alleged falsification.
In the motion on notice filed by Saraki’s lawyer Mr. Raphael Oluyede, it was contended that the continued presence of Umar on the panel of Tribunal offended the provisions of Section 36(1) of the Constitution of the Federal Republic of Nigeria.
The constitutional provision prescribes that “In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality”.
The applicant claimed that the unfolding events and the ways and manners his trial is being conducted by Umar, there is likelihood of bias from the chairman and as such he should withdraw himself from further prosecuting him.
The motion on notice was brought pursuant to section 36(1) of the constitution of the Federal Republic of Nigeria 1999 as amended, the common law rule on likelihood of bias and the rules of natural justice.
The defendants in the motion on notice are Mr. Danladi Yakubu Umar and the second member of the Tribunal Mr. Agwadza Williams Atedze.
In a 20 paragraph affidavit in support of the motion, Saraki was said to be standing trial before the Code of Conduct Tribunal (CCT) being presided over by Danladi Yakubu Umar.
The affidavit averred that the applicant had sought to enforce his fundamental right in suit number FHC/ABJ/CS/905/2015 before a Federal High Court in Abuja on the ground that the independence and impartiality of the Code of Conduct Tribunal cannot be guaranteed while Danlaidi Yakubu Umar presides over the trial of the applicant.
It also averred that Saraki is being tried by the Economic and Financial Crimes Commission (EFCC) and that Umar as chairman of CCT is an object of investigation by the same EFCC on corrupt practices.
The affidavit also claimed that by his conduct in the proceedings, the CCT boss had allegedly proved to be a willing tool in the hand of the executive arm of the government which was responsible for his appointment and particularly as he (Umar) was himself under investigation for corruption by EFCC.
The affidavit deposed to by Mr. Paul Akase claimed that neither the Attorney General of the Federation AGF nor the EFCC or Umar has ever denied that CCT boss was under investigation.
The affidavit further stated that the EFCC’s usurpation of the CCB power had been admitted by the AGF in previous court action instituted by Saraki against the AGF, EFCC, Umar and other defendants.
It, therefore, stated the interest of justice would be served if Danladi Yakubu Umar recuses or disqualifies himself from sitting in a the panel of the tribunal to hear and determine the charges being prosecuted against the applicant.
No date has been fixed for hearing of the motion.
Meanwhile, an EFCC witness, Micheal Wetkas, on Wednesday, told the Code of Conduct Tribunal (CCT) that the Commission needed diplomatic clearance to obtain details of Senate President Bukola Saraki’s account in the U.S.
Wetkas said this during cross examination by Saraki’s lawyer, Paul Usoroh (SAN).
Saraki is facing a 13-count charge bordering on allegations of false asset declaration and money laundering.
He had earlier pleaded not guilty to the charges.
The witness said “my lord, this is a foreign bank account we are investigating and we needed diplomatic clearance before we can obtain such documents.
“We have to contact our foreign counterpart in the U.S. before we can get details of the telex of the transactions in the American Express Bank and
Saraki`s credit card.
“Our investigation is basically on the credit card account issued to Saraki by the American bank in New York.”
Wetkas further testified that it was American Express Services Europe Limited, an agent, which facilitated transfers into the American Express Bank, New York.
The witness said “my lord, there was correspondence between GTBank and the customer because in the telax, you will see American Express Bank, New York.
“Personally, I did not investigate Saraki but the other investigating team must have done so.
“I don’t have such foreign credit card but I know it is used for transfer of foreign currencies both in debit and in credit.
“My lord, I am not an expert in banking operations but during investigation, we asked GTBank about the card in question and we were told that the
card is a foreign card and it is not in their custody; the card belong to Saraki.”
Investigation also revealed that there was massive lodgement by Saraki`s bank account managers in GTBank, staff, as well as personal aides of the defendant, the witness added.
He said part of the money lodged into the defendant’s account was used to acquire properties “and a substantial part of the money transferred to the American Express Bank in New York.
“My lord, our investigation was basically on the money laundering and in the process of investigation, we discovered that assets were involved and that is why we are here.”
Consequently, the Chairman of the Tribunal, Danladi Umar, adjourned the case until April 21 for continuation of trial.