As 2019 general elections draw closer, the President of the Senate, Bukola Saraki, appears to be in a quandary following his alleged implication by suspected armed robbers even as he battles the on-going trial at the Code of Conduct Bureau. In this report CHIZOBA OGBECHE, EZREL TABIOWO, KEHINDE x-rays the Saraki’s travails and implications in the forthcoming elections.
For the President of the Senate, Bukola Saraki, it has been a stormy experience, starting from his emergence as leader of the upper chamber on June 9, 2015, against the wishes of the All progressives Congress (APC) to his trial at the CCB and most recently his run-in with the Nigeria Police Force.
Soon after his emergence as senate president, allegations bothering on false asset declaration were brought against before the Code of Conducted Tribunal (CCT), on the instance of the Attorney General of the Federation (AGF), Abubakar Malami.
The trial, which is yet to be concluded is perceived in some quarters as a consequence of Saraki’s disrespect for the party leadership as well as perceived anti-party activities given his alliance with the Peoples Democratic Party (PDP) senators in a bid to actualisation his ambition to senate president.
The legal brawl
For about 22 months the embattled senate president has engaged in a legal brawl with the federal government with legislative activities suffering. Respite came the way of Saraki in 2017, when he was discharged and acquitted of the 18-count charge.
Saraki was docked before the CCT on September 22, 2015, on a 13-count charge and latter re-arraigned on April 28, 2016, on an amended 16-count corruption charge.
The charges
Some of the allegations peddled against Saraki are that he made false/anticipatory declaration of assets, operated foreign accounts while in office as Kwara state governor between 2003 and 2011, as well as collected governorship salary four years after his tenure had elapsed.
Saraki after pleading not guilty to the charges brought against him, went ahead to file a no case submission; asking the tribunal to dismiss the charges against him.
In his judgment, the tribunal chairman, Mr. Danladi Umar, held that the allegations proffered against Saraki by the federal government was bereft of probate value and manifestly unreliable to hold the charges against the defendant.
The tribunal said the prosecution, at the close of the case, failed to establish a prima facie case against the defendant.
Umar argued further that the four witnesses called by the prosecution to testify in the matter gave contradictory evidences that were manifestly unreliable to convict the defendant or order him to enter his defence.
He specifically referred to the evidence of the third prosecution witness, Mr. Samuel Madojemu, to the effect that oral investigation was conducted on Saraki and that there was no written report on Saraki by the CCB.
Umar described what the Economic and Financial Crimes Commission (EFCC) put at the disposal of the tribunal was more of intelligence gathering than conventional investigation.
The Tribunal therefore ruled thus: “From the simple analysis of the evidence of the prosecution, we find it difficult to accept the seriousness of the witnesses. All the evidences were so discredited, unreliable that no reasonable court will attach probate value to them.
“Since the essential ingredients of all the charges were not proved as required by law, this tribunal has no option than to discharge and acquit the defendant in view of the manifestly unreliable evidence of the prosecution witnesses”.
In his supporting ruling, the second member of the panel, Mr. Williams Atedze Agwadza, observed that a careful perusal of the four witnesses and 48 exhibits tendered by the prosecution showed grave defectiveness as no prima facie case was established to sustain the charge.
He said: “The formulation of the 18-count charge was based on the affidavit evidence of Mr. Samuel Madojemu of the Code of Conduct Bureau (CCB). His testimony and affidavit evidence later became affliction and epidemic that befell the prosecution because they were based on mere hearsays”, he stated.
Justifying further, Agwadza added that sections 37, 38 and 126 of the Evidence Act were violated with manifestly inadmissible exhibits and testimony.
Back to the trenches
Meanwhile, in December 2017, the federal government in a dramatic U-turn, re-instituted a three-count charge against Saraki through an Abuja Division of the Court of Appeal
The trial Judge, Justice Tinuade Akomolafe-Wilson in a 70-page unanimous judgment held that on counts 4,5 and 6 bothering on the purchase of house 17 A and B at McDonald Street, Ikoyi Lagos by the Senate president, the prosecution was able to establish a prima facie case against Saraki.
Consequently, early in this year, specifically in February, the trial resumed and Saraki legal team led by legal luminary, Kanu Agabi (SAN) swung into action.
The development came shortly after the third prosecution witness, Pw-3, Mr. Samuel Madujemu, narrated how FG uncovered discrepancies in assets the defendant declared to the Code of Conduct Bureau, he said: “After we discovered that there were some discrepancies, we commenced further investigations into the matter.
One of the discrepancies we discovered had to do with false declaration and none declaration of some assets and some liabilities.”
While the prosecution trial was still on-going, Chief Agabi drew attention of the tribunal to the amended charge against his client.
“My lord I think we should at this juncture bring to your notice the fact that we were served with an amended charge this morning,” he observes.
He said: “You cannot proceed further in the matter until the defendant pleads to that amended charge. “My lord the defendant is psychologically affected by this amended charge and is desirous to enter his plea. “At this stage the defendant must plead to it before we proceed further on this matter. If it is not serious then the prosecution should withdraw it.”
Countering, the prosecution counsel, Mr. Rotimi Jacobs, SAN, said he did not raise the issue so as not to disrupt proceeding of the day. “My lord amendment can be done anytime even after their own defence, before judgment is delivered.
“Moreover, we are not bringing anything new. The new charge is just the old wine in a new bottle”, Jacobs argued.
Supreme Court ruling beckons
The Supreme Court had fixed July 6 for the delivery of judgment on the appeal seeking to stop the resumed trial of Saraki, before the CCT.
It would be recalled that the senate president had in April during his appearance urged the apex court to quash all the charges and stop his trial, insisting that FG failed to establish a prima-facie criminal case capable of warranting him to enter his defence before the CCT.
Saraki’s lawyer, while adopting his final brief of argument, maintained that FG entered charges against his client in bad faith. He contended that only the Code of Conduct Bureau, CCB, was empowered under the constitution to investigate and prosecute cases bordering on asset declaration.
Agabi decried that charge against his client was based on an investigative report that was produced by the Economic and Financial Crimes Commission, EFCC. However, FG, through its lawyer, Mr. Rotimi Jacobs, SAN, equally filed a cross-appeal asking the Supreme Court to set-aside the aspect of the appellate court’s verdict that struck out 15 counts of the charges against Saraki. FG maintained that it successfully established a prima-facie case that would require Saraki to defend the entire 18-count charge. It insisted that Saraki has a criminal case to answer before the CCT.
Five Justices of the apex court led by Justice Musa Mohammed Dattijo, had adjourned and is set to deliver judgment on the appeal in July.
Senate vs customs CG
Just as Saraki was still battling with his trial at the CCT, the Comptroller General of Customs, Col. Hameed Ali, accused the senate president of evading import duties on a Special Utility Vehicle.
Investigations by the Senate committee on Ethics, Privileges and Public petitions, however, proved the CG’s accusation as untrue.
The Senate, had earlier, rebuked the latter for his refusal to wear official uniform of the service, just as the Customs boss was also criticised by the upper chamber for the introduction anti-people policies which led to the closure of Nigerian borders to the importation of rice and high tariffs placed on importation of vehicles.
Run-in with AGF
Also, the upper chamber under Saraki, accused severally, the Attorney General of the Federation, Abubakar Malami, of gross incompetence over his alleged complicit role in the grass-cutting saga involving the ousted Secretary to the Government of the Federation, Babachir Lawal, as well as attempting to shield him. Babachir was eventually suspended and removed as SGF.
Senate, executive tango over Magu
The Senate in its bid to ensure what it described as ‘credibility’ in the president’s anticorruption fight, rejected the nomination of Mr. Ibrahim Magu as substantive Chairman of the EFCC.
Magu’s rejection was anchored on the report of the Deparent of State Service (DSS), which said he was ‘unfit and compromised’ to head the commission.
Despite several resolutions reached on Magu’s rejection, President Buhari is yet to comply with same as he has continued in office as in acting capacity.
The insistence of the presidency on Magu’s candidature is perceived in some quarters as having heightened the feud between the senate and the executive arm of government.
Elections sequence saga
The senate were once again pitched against the executive following an attempt to reorder the sequence of the 2019 elections by amending the Electoral Act. The move which was objected to by some pro-Buhari senators was said to be targeted at frustrating the president’s re-election bid.
The suspension of one of the aggrieved lawmakers belonging to the Parliamentary Support Group for President Buhari, Senator Ovie Omo-Agege, is perceived as a fall out of the tango between the legislators and executive over the election sequence re-order.
Saraki’s man under attack
In what some have termed as an indirect attack on the senate president, his core loyalist, Senator Dino Melaye, was allegedly implicated in a criminal, just as efforts to the Police to forcibly take him to Kogi state for to answer to the charges saw him jumping off the Police vehicle. An incident which pitched the senate against the law enforcement body.
Senate president vs IGP Idris
While Melaye was still licking his wounds from the encounter with the Police, with two court cases in Kogi and the FCT, to show for it, the senate president raised the alarm over alleged plot by the IGP to link him and Governor Abdulfatai Ahmed of Kwara state, with the recent Offa robbery which led to the brutal killing of over 33 people including nine Police officers.
Saraki’s alarm came barely a week after news of the planned defection of aggrieved New PDP (nPDP) members from the ruling APC. The aggrieved group, which was spearheaded by Senator Saraki in the 7th Senate, lamented their alleged alienation and exclusion by the leadership of the ruling party and the Buhari-led administration.
The group which also decried the way nPDP members were reportedly treated unfairly and labelled as corrupt in what they described as President Buhari’s skewed fight against corruption, gave the leadership of the party a 7-day ultimatum to address the fundamental issues they raised.
However, less than 24 hours after the senate president attended a reconciliation meeting with the Vice President Yemi Osinbajo, the Police while addressing journalists at the Force Headquarters, Abuja, summoned Senator Saraki to appear before it to respond to questions bothering on the Offa robbery.
The Police in a statement on Sunday, said the invitation had to do with the alleged confession of five of the gang members. According to the Force Public Relations Officer (FPRO), ACP Jimoh Moshood, said Saraki was expected to report to the Force Intelligence Response Team office at Guzape, Abuja.
However, the following day when Saraki had not been served a formal invitation by the Police the Senate President sent his ADC, Usman Dunguza, to get the formal invitation from the Police.
Remarkably, hours after, the Police were reported to have reversed its decision and asked Saraki to respond to the allegation in writing within 48-hours.
“In line with their request, earlier today, the police received my response to their letter on the investigation into the Offa robbery case,” the Senate president tweeted.
However, while parading two more suspects arrested in connection with the robbery in Abuja, on Wednesday, ACP Moshood, said the senate president had a case to answer and must appear in person before the FIRT for questioning.
NASS passes vote of no confidence on IGP
National Assembly had on Tuesday passed a vote of no confidence on IGP Idris over Police’s inability to curtail the killings, by suspected herdsmen in North Central and for the Force’s role in what it claims to be the harassment of “political opponents, people with contrary opinions.”
NASS in a statement after a joint executive session of leaders of both the Senate and House of Representatives said that President Muhammadu Buhari must give marching orders to all security agencies to “curtail the sustained killing of Nigerians across the country and protect lives and properties.”
The senate had last month described Idris as an “enemy of democracy, unfit to hold any public office within and outside Nigeria,” after spurning the upper chamber’s invitations to appear before it.
Withdrawal of NASS leadership security
In a related development, security personnel attached to the senate president, his Deputy, Ike Ekwerwmadu; the Speaker, Rt. Hon. Yakubu Dogara; and his Deputy, Yusuf Lasun; were last week Sunday withdrawn by the DSS.
Investigations by our reporter revealed that 11 out of the 20 security details attached to the senate president and the speaker were withdrawn by the service.
Similarly, five of the security details deployed to the protect the deputy senate president and deputy speaker were also withdrawn.
Blueprint Weekend gathered from a source at the DSS that the withdrawal of the security details was not explained by the relevant department.
According to the source, it is standard procedure for redeployments and withdrawals to be formally documented and explained, a process which was boycotted in the removal of security aides attached to the Senate President, the Speaker and their deputies.
The development was, however, seen in some quarters as a ploy to make NASS leadership vulnerable and take away their power to negotiate.
Faceoff may spell doom for APC-Party chieftain
Reacting to the development, a chieftain of APC in Edo state and the former Special Adviser on interparty relations, to the ex-governor of Edo state, Comrade Francis Ikonomwan, described Saraki’s ordeal as ‘persecution.’
Speaking to Blueprint Weekend, Ikonomwan called on the party leadership to ‘urgently’ address the situation, stating that: “There is no doubt that the current persecution of the Nigeria’s Senate President is politically ill motivated. And In this light, I strongly fell that it spells doom for our party, the APC, if urgent steps are not taken to address the ugly situation.
“It is often said that a house divided against itself will not stand. This case against Saraki openly shows the division in the party.”
According to him, Saraki, who is the head of the Saraki dynasty, cannot be underrated in Nigeria politics. We should know that he is beginning to enjoy the sympathy of the masses because it is glaring that APC has failed the people woefully.
“We should also have it at the back of our minds that he has the sympathy and tremendous support of members of the National Assembly.
“I want to state unequivocally that the current war against the senate president is a war against the survival of the ruling APC, it will certainly lead to the implosion of APC.”
El-Rufai lauds Police on Offa investigation
Governor of Kaduna state, Mallam Nasir El-Rufai, Friday in Kwara state, commended the IGP on the way and manner he has been handling the investigation of Offa bank robbery, stating that “he was doing an excellent job.”
According to him, “…Irrespective of what anybody might be saying, the IGP deserves commendation, and Almighty Allah will continue to guide him.’’
As campaigneering activities pick up, it is left to be seen how Saraki weathers the storm, however, what is certain is that the last has not been heard on the travails of the two-term governor of Kwara state, now number three citizen.
