Nigeria’s senate president loses bid to stop corruption trial

A Federal High Court in Abuja, Nigeria on Friday dismissed the suit filed by the Senate President, Dr. Bukola Saraki, to stop his trial on charges of false asset declaration before the Code of Conduct Tribunal in Abuja. The judgement, delivered by Justice Abdulkadir Abdu-Kafarati, was one in the series of recent decisions of the CCT and other courts dismissing the numerous legal actions filed by the Senate President at various levels of court asking for an order to stop his trial. Saraki had, through the fundamental human rights enforcement suit, asked the court to quash the charges and nullify the proceedings before the CCT on the grounds that they were initiated in violation of his rights to fair hearing.
But Justice Abdu-Kafarati held in his judgement that the court lacked jurisdiction to entertain the suit since the prayers sought by the applicant were not available under Chapter 4, which deals with fundamental human rights. The judge also ruled that the suit constituted an abuse of court process, the Supreme Court having earlier validated the trial of the Senate President before the CCT and that Saraki, having also filed similar application before the CCT. The judge also dismissed the contention by Saraki that the charges instituted against him were borne out of political witch-hunt.
He ruled that granting the prayers sought by the applicant would amount to the court interfering with the powers of the respondents conferred on them by the Constitution to investigate and prosecute crimes. Justice Abdu-Kafarati added that the court lacked the power to interfere with the proceedings of the CCT, which he noted was granted the power by the Constitution to hear the type of charges preferred against the Senate President.
The respondents to the suit against whom Saraki had sought to restrain him from further prosecuting or investigating him included the Attorney-General of the Federation, Mr. Abubakar Malami (SAN); the Economic and Financial Crimes Commission; the Independent Corrupt Practices and other related offences Commission; and the Inspector-General of Police, Mr. Solomon Arase. Others were the Code of Conduct Bureau; the CCT; the CCT Chairman, Danladi Umar; the second member of the CCT panel, Mr. Ataedzeagu Adza; CCB Chairman, Mr. Sam Saba; and the Director of Public Prosecutions of the Federal Ministry of Justice, Mr. Mohammed Diri.


Source: Punch