The Code of Conduct Bureau has
filed a 13-count charge against the Senate President, Bukola Saraki, at
the Code of Conduct Tribunal.
Saraki is said to have made false declaration of his assets.On Wednesday that the trial of the senate president will begin on Friday in Abuja.
The Deputy Director in the office of the
Attorney-General of the Federation, M.S.Hassan, filed the charges
against Saraki on September 11.
The Senior Special Assistant to the
Senate President, Mr. Yusuf Olaniyonu, confirmed to one of our
correspondents that Saraki had been served notice of the charges.
“Yes. We have been served,” Olaniyonu said.
The charges against Saraki include false
declaration of assets, alleged acquisition of assets beyond his
legitimate earnings and keeping foreign accounts while holding public
office first as Kwara State governor in 2003 and later as a senator.
“That you, Dr. Bukola Saraki, whilst
being the governor of Kwara State on or about 16th September, 2003
within the jurisdiction of this honourable tribunal did make a false
declaration in the asset declaration form for public officers on
assumption of office as Governor of Kwara State by an anticipatory asset
declaration,” the charge sheet read in part.
The Senate president was said to have
claimed to have ownership of a property on N0. 15A and 15 McDonald,
Ikoyi, Lagos, said to have been acquired through his company, Carlisie
Properties Limited, in 2000.
Reacting to the charges in Abuja, on Wednesday, Saraki described them as frivolous.
He said the allegations were a
reflection of the saying that “each time you fight corruption, the
system will fight you.” Saraki spoke during a brief encounter with
correspondents covering the Senate in Abuja.
He said, “Most of them (charges) are
frivolous and not true. This sounds like issues of affairs. If you say a
statement over 13 years, it has been there since 2003 and you wake up
13 years after and you wonder. I have always done my declaration. We
will continue to do our job.
“There is no doubt that it is
mischievous. It is not current. The issues are not true. As far as we
are concerned, we are not shaken. We will focus on what we have come to
do as elected by my colleagues to do in the interest of the country.”
The Senate President then referred reporters to a statement from his media team.
The statement signed by Olaniyonu said Saraki was being treated unfairly because of his recent stance on national issues.
“We also note that anytime you try to
fight corruption or insist that the right thing should be done, the
system will always come after you. This is another case of desperation
to fight Dr. Saraki because of his recent stance on national issues,”
the statement partly read.
The Senate President’s media team noted
that at the time of writing the statement Saraki had not been served the
court processes but that as a public officer he owed members of the
public explanation on the allegations contained in the charge sheet.
The statement by Olaniyonu added, “That
we believe that the Code of Conduct Bureau, following their processes in
which after a declaration is submitted to the bureau they carried out
verification of the assets and ascertained the claims made, should not
wait till 12 years later to be pointing out alleged inconsistencies in a
document submitted to it in 2003.
“This same Dr. Saraki submitted asset
declaration form in 2007, 2011 and 2015. It is unexplainable that the
case in question is now based on the 2003 declaration.
“This is why we are of the opinion that
the present effort is a desperate move initiated due to external
influence and interference.
“ It should also be noted that contrary
to the procedure indicated in the law setting up the CCB, the bureau
never wrote to Dr. Saraki to complain of any inconsistency in his asset
declaration forms.
“It should also be noted that Dr. Saraki as Governor of Kwara State never operated a foreign account.
“That some of the issues contained in
the charge sheet are subjects of earlier decided and ongoing court
cases. We therefore believe those behind filing of these charges are
engaging in forum-shopping.”
The statement also queried the authority
under which the charges were filed, saying both the CCB and the
Tribunal Act clearly indicated that any prosecution must be authorised
by an Attorney General and that the nation last had an AGF in May 2015.
Saraki also said his trial was another
indication that the CCT was acting under influence from outside its
domain and therefore ready to bend the rules to achieve obnoxious
objectives.
It said, “We therefore conclude that
this is not an anti-corruption driven case and cannot be part of the
moves aimed at fighting corruption. It is simply a pure malicious and
politically-motivated prosecution aimed at undermining the person and
office of the Senate President.
“That those behind this plot will
definitely meet Dr. Saraki in court as this case, which is based on
outright fabrication and mischief, will not and cannot stand the test of
justice.”
The statement declared that Saraki had
always held himself to the highest standards of diligence, disclosure
and compliance. It also affirmed the senate president’s belief in the
Nigerian Justice system and his preparedness to co-operate with the
Tribunal.
Commenting on the development on
Wednesday, a Senior Advocate of Nigeria, Chief Mike Ozekhome, said it
was a criminal offence to make false asset declaration “and if the
person is found guilty he becomes an ex-convict and a convict cannot
hold public office for at least 10 years.”
“That is the constitutional provision;
but until the person is convicted, the mere allegations or charges do
not, by themselves make the person liable. Under our criminal justice
system, and under our constitutional dispensation, a person’s innocence
is presumed not impugned,” he added.
Another SAN, Chief Gani Adetola-Kazeem,
said he could not comment on the issue as he had yet to have the full
facts, he, however, said false declaration of asset was a criminal
offence for which the Constitution prescribes adequate punishment.
Mr. Kunle Ogunba, SAN said false declaration was a grievous offence because it boils down to the question of integrity.
“And if one can go to the extent of
making false asset declaration, it means there is intent not to be pious
in public office. In other climes, the person will resign without even
being asked. It is an integrity issue and public office is meant for
people with integrity,” Ogunba said.
Also, a Lagos lawyer, Mr. Ebun-Olu
Adegboruwa, said, “If the case is determined and he is found guilty, he
will have to step down. Surely, a man who is an ex-convict cannot be the
Senate President. If he is convicted, he would have to step down as a
parliamentarian, because a person, who is an ex-convict, especially on
the grounds of fraud, will not be able to function in public office.
“However, the consequence of the
allegation is affected by Section 36(5) of the 1999 Constitution, which
states that an accused is presumed to be innocent until the contrary is
proven. At best those charges still remain at the realm of speculation
and allegations, till the person is formally arraigned in court and
there is a conviction.”
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