BEVERLY HILLS, March 24, (THEWILL) – The Code of Conduct Tribunal, CCT, has turned down an application by the Senate President, Dr. Bukola Saraki, seeking the dismissal of the 13-count false asset declaration and corruption charges against him, ruling that it has jurisdiction to entertain the charges.
Saraki’s lead counsel, Mr. Kanu Agabi SAN had argued that the charges were procedurally invalid since the Code of Conduct Bureau, CCB, which filed the charges, failed to invite the accused to explain discrepancies in his assets declaration forms as required by law.
But ruling on the matter on Thursday, Chairman of the tribunal, Justice Danladi Umar said there was no breach of law as the Code of Conduct Bureau and Tribunal Act, 1989, still allows the Senate President to present his clarifications at the level of the tribunal.
He stated that the principle of fair hearing had been exhaustively applied to both parties; hence, Agabi’s motion on the question of jurisdiction of the Code of Conduct Tribunal, despite Supreme Court’s verdict on the same matter was unnecessary.
Umar said by law, the bureau could receive complaints of breach of the Act and refer such complaints to the Tribunal, provided that it will allow the person involved to give a statement affirming or denying the said misconduct.
Also, upholding the argument made by the prosecution, the Judge held that Section 3 (e) of the 3rd schedule of the 1999 Constitution gives the CCB the right to receive complaints of such nature and where necessary refer such matter to the tribunal.
According to him, Section 174 of the Constitution equally gives the Attorney General of the Federation, AGF, the prerogative to file criminal proceedings and does not owe any explanations to any one on how to go about it.
Justice Umar consequently ordered the continuation of the trial.
