A Federal High Court in Abuja has said that the case of the Senate President, Bukola Saraki, is an abuse of court process.
Saraki had challenged his trial at the Code of Conduct Tribunal (CCT) as a breach of his fundamental human right.
In his judgment on Friday, Justice Abdulkadiri Kafarati, said that the fear expressed by Saraki that he would not get justice at the CCT was speculative, misplaced and had no place in law.
The judge based his decision on the preliminary objection of the Federal Government against Saraki’s suit.
He agreed that it was too early for Saraki to have brought the issue of fundamental rights to fair trial when the tribunal had not concluded its findings on the falsification of assets charges brought against him.
Kafarati also held that the applicant was wrong in raising the issue of fundamental rights to seek nullification of trial when in the real sense his case did not fall within Chapter 4 of 1999 Constitution.
According to the judge, the CCT is a competent tribunal which derives its powers from the CCT Act and it has the powers to try criminal matters.
He said that the prayer four which the plaintiff said was politically motivated was sentimental, adding that sentiments had no basis in law.
The judge also held that this court would not interfere with the constitutional duty of the respondents in the case as doing so would amount to ruling the constitution.
Kafarati agreed with the submission of Mr Rotimi Jacobs (SAN) that Saraki’s case constituted a gross abuse of court process.
He said this was so because he had already taken the same case to the Federal High Court, Lagos, Court of Appeal and even the Supreme Court, where decisions were made against him.
Kafarati, therefore, upheld the preliminary objection of the Federal Government to the case and he subsequently dismissed the case, saying there was no need to go into the substantive matter.
Saraki was arraigned by the Federal Government on a 13 count-charge bordering on false assets declaration and money laundering before the CCT.
Saraki, through his lawyer, Mr Raphael Oluyede, claimed in the suit that he could not get justice from the tribunal Chairman, Mr Danladi Umar, because he was being investigated by Economic and Financial Crimes Commission (EFCC).
Meanwhile, some lawyers in Lagos on Friday reacted to the ongoing amendment of the Code of Conduct Tribunal Act by the Senate, describing it as self-serving and unacceptable.
The lawyers said the amendment was ill-timed and a breach of public trust.
The bill to amend the CCT Act, has within 48 hours, scaled the second reading in the Upper Chamber.
Mr Dotun Adetunji, the Chairman, Nigerian Bar Association, Ikorodu Branch, Lagos State, said the amendment of the CCT Act at this point was a “shameful act.’’
He said any amendment to a law based on vested interest was contrary to the rule of law and the ethics of good governance.
“This action of the Senate while its president is undergoing trial at the CCT is a shameful act.
“It is also a slap on the generality of Nigerians that voted them into office and a breach of the trust expected of them.
“This move by the Senate will not put this nation in good standing in the international community,’’ he said.
According to him, the amendment of the CCT Act by the Senate will not in any way bring Nigeria close to a sane society.
“The rule of law is supposed to create a sane society and that is why its principles aim to ensure that a nation is governed by law and not by men’s self-serving interests.
“The international community and Nigerians in diaspora should raise their voices in addition to all of us within the country to condemn this move by the Senate,’’ the NBA chief added.
Another lawyer, Mr Ataene Spurgeon, said although the National Assembly was empowered by the statute books to make laws for the country, the amendment of the CCT Act might be a “coincidence.’’
“The amendment of the Code of Conduct Tribunal Act is a `coincidence’ with the trial of the Senate President, Bukola Saraki.’’
“If the laws establishing the Code of Conduct bureau and the Code of Conduct Tribunal are faulty, it becomes necessary for the sake of the good governance to amend the same.
“If three judges ought to sit on a particular tribunal and there are only two judges presently sitting, then there is a gap in the law which needs to be addressed for the future, ’’ he said.
For Mr Ola Ogunbiyi, the amendment should not affect the trial of the senate president.
“The trial can only be affected if the trial is stalled till after the amendment.
“The Senate can at any point amend the law, that it is being amended at this point in time is not an issue.
“The law begins to take its course the day it is signed into law; it is not going to be retrospective.
“Now it is not a law, it is still under amendment before the Senate and it will not affect his trial.’’
An Abeokuta-based legal practitioner, Mr Emmanuel Olu-Alade, said there was no law forbidding amendment of an Act because someone was on trial.
“The question is, what are the paragraphs that are currently being amended and what would be the effect of the amended paragraphs considering the ongoing trial of Bukola Saraki.
In his contributions, Mr Wale Ogunade, a lawyer and public affairs analyst, said:
“The Senate is required by law to amend laws.
“However, in the case of the amendment of the CCT Act by the Senate, the question to ask is: does the Senate have an honest intention or an ulterior motive.
“My opinion is that the recent moves by the Senate to amend the CCT Act were designed to frustrate the trial of Saraki.
“It is designed to water down the Act making it worthless, useless and of no effect whatsoever.”
