By Ajani Okanlawon
The Code of Conduct Tribunal in Abuja on Friday ordered the arrest of Senate President, Bukola Saraki, for failing to appear before it over a 13-count charge of criminal corruption preferred against him by the Federal Ministry of Justice.
Chairman of the tribunal, Danladi Umar, issued a bench warrant for the Inspector General of Police, Mr. Solomon Arase, and other relevant security agencies in the country to arrest Saraki despite a Federal High Court order seeking to stop his arraignment.
The accused has however challenged the Tribunal’s decision, saying he snubbed it to protect his fundamental human rights
Saraki had on Thursday obtained an order directing that the case against him be halted.
On Friday, the prosecution counsel, Muslim Hassan, asked the tribunal to order his arrest for failing to appear before it, arguing that the High Court had parallel jurisdiction with the Tribunal and as such, had no powers to halt the trial.
Saraki’s lawyer, Joseph Daudu, however, prayed the Tribunal to adjourn the case until after the Federal High Court sitting on Monday.
The Tribunal was served with a copy of the ruling of Justice Ahmed Mohammed of the Abuja Division of the Federal High Court, which summoned the Ministry of Justice to appear on Monday to show cause why the trial should be allowed to proceed.
Also summoned by the court were Tribunal Chairman, Umar, and that of the Code of Conduct Bureau, Mr. Sam Saba, as well as Mr. Hassan who signed the charge against Saraki.
All of that was sidestepped on Friday as the Tribunal ordered that the Senate President be arrested.
Reacting to the order for his arrest through a statement issued by his spokesperson, Yusuph Olaniyonu, Saraki insisted he refused to appear before the Tribunal based on Thursday’s order by the Federal High Court that the case against him be halted.
He also accused the Tribunal of pursuing a political agenda, and said he was certain it would not give him justice.
The statement says Saraki is “ready to submit himself to due process of the law on any issue concerning him, he also believes he has an inalienable right to resort to the same judiciary for protection when he feels his fundamental rights are about to be infringed upon.”
It argued that “the conduct of the Tribunal today left nobody in doubt that it cannot do justice on the matter before it. It is also clear that today’s decision is an abuse of the rule of law which portends danger to our judicial system. The Tribunal has equally set a bad precedent in the way and manner it conducted itself during the proceedings.”
In an obvious reference to the controversy that surrounded Saraki’s emergence as Senate President, the statement added that “the fact that this is not part of any war against corruption but using state institutions to fight political opponents and seeking to achieve through the back door what some people cannot get through democratic process.
“We need to caution here that in a desperate bid to settle political scores and nail imaginary enemies, we should not destroy our democratic institutions and heat the polity for selfish reasons. Let us all learn from history.”
The Senate President is accused of offences ranging from anticipatory declaration of assets to making false declaration of assets in forms he filed before the Code of Conduct Bureau while he was governor of Kwara State.
Among other offences, including allegedly acquiring assets beyond his legitimate earnings, Mr. Saraki is also accused of operating foreign accounts while serving as governor and senator.
The offences, the charge said, violated sections of the Fifth Schedule of the Constitution of the Federal Republic of Nigeria 1999, as amended.
Saraki is also said to have breached Section 2 of the Code of Conduct Bureau and Tribunal Act and punishable under paragraph 9 of the said Fifth Schedule of the Constitution.
