CCT Chairman  Danladi Umar

Ayorinde Oluokun/Abuja

The Chairman of Code of Conduct Tribunal,  Danladi Umar is yet to show up, over one hour after the scheduled 10 a.m  for ruling on a crucial motion that may determine whether he will continue to preside over the trial of Senate President Bukola Saraki  over false assets declaration.

The Senate President had arrived  around 10 a.m, without the usual crowd of  Senators that usually accompany him to the tribunal.

He is sitting down patiently waiting for the commencement of proceedings.

The defence counsels and some members of the prosecution team have also taken their seats inside the court. Rotimi Jacobs, the lead prosecuting counsel is however yet to arrive in court.

Umar came in around 11.45 am and apologised to the court, explaining that he was attending to some crucial issues.

But he said he will first deliver another judgment before he delivered the ruling on the application challenging his continued presence on the panel trying Senate President.

The defence counsels of the Senate President did not oppose the Chairman of CCT  when he sought their permission to first deliver the judgment.

Meanwhile, the led prosecution counsel, Rotimi Jacobs is still absent in court.

Saraki in the motion filed by Raphael Oluyede, one of the lawyers of the Senate President had asked Justice Umar to disqualify himself from presiding over Saraki’s trial because he is also being investigated by the Economic and Financial Crimes Commission, EFCC which is also spearheading the prosecution of Saraki.

The  lawyer had argued that his client may not be able to get justice from the Chairman of CCT as he may want to satisfy the EFCC.

Attempts by Oluyede  to move the application last week  degenerated into arguments between the Judge and the lawyer, with Justice Umar barely restrained from committing him to prison for contempt.

Oluyede, was eventually given the opportunity to argue his motion asking Justice Danladi Umar, the Chairman of Code of Conduct Tribunal to disqualify himself from presiding over the trial of Senate President Bukola Saraki on Monday.

The lawyer said the motion was filed in pursuant to the 1999 Constitution of the Federal Republic of Nigeria, common law rule on likelihood of bias and rule of natural justice.  According to him, the only request of the application is to stop Justice Umar from presiding over the Tribunal.

This, he said was  because the continued  presence of Umar on the panel, in the perception of ordinary reasonable people may result into bias against the defendant.

Oluyede who emphasised that his application is not meant to malign the court said his interest was to ensure that the judiciary is kept pure.

“The fact before the court was that a person accused before Justice Umar said he demanded N10 million from him and that EFCC investigated. Justice Umar agreed that he sat down with the accused in his chamber and the AGF said they should go and prosecute,” Oluyede said.

He argued that contrary to the impression being created by the Tribunal, Justice Umar has not been cleared of the allegations of bribery by the EFCC.  He read from a letter written to the AGF on the issue in March 2015 which he had earlier tendered as exhibit.

The lawyer noted that a paragraph in the letter indicated that EFCC has not charged  the chairman of CTC to court because it could not retrieve the call logs of the CTC because the Judge claimed he has lost the phone.

“This paragraph make it clear that there is a sword of Damocles being held over Justice Umar.  All they said was as at now,  the facts that they  have is not enough,” Oluyede said making inferences from the letter.

But his application was opposed by Jacobs. The lead prosecution counsel who filed 20 paragraph affidavit to oppose the motion said the application was one of the attacks that the defence have consistently unleashed on the Tribunal since the trial began.

“That attack traveled from this Tribunal to the Supreme Court. We came back from the Supreme Court and there was another great challenge that it is the EFCC that is prosecuting this case, filed the charge before the tribunal and not the CCB.

“The court ruled that it is CCB that refer the matter to this Tribunal and that this Tribunal has the juridiction to hear the charge,” said Rotimi.

He also argued that the defendant has already filed a case at the Court of Appeal on the same argument that the CCB lacked authority  to delegate its powers to EFCC and that EFCC cannot prosecute a matter before the CCT.

“Rather than wait for the outcome of the Court of appeal case, he now filed this application for you to disqualify himself.

“And if you look at the affidavit in support of the application, all what the defendant was saying is that it is the EFCC that is prosecuting him. EFCC is not a party before this Tribunal. He is saying that since a party is investigating the chairman, the impression of the reasonable man is that he will not be able to get justice,” said the prosecuting counsel.

Jacobs also said even if it was true that the CCT Chairman is being investigated by the EFCC, it cannot be a reason to stop him from performing his job.  He noted that the defendant (Saraki) though undergoing trial is still holding on to his position.

“He has raised the issue also through the same lawyer before the Federal High Court.  A criminal investigation is investigations. The defendant here is still performing his duty as a Senator. He was charged to court. Today, he is Senate President. He is saying somebody that has not been charged should not be allowed to perform his duty,” Jacobs said.

He also argued that the party  before the tribunal is Federal Government of Nigeria, hence the case is FGN vs Dr. Olubukola Saraki.

“EFCC is not  a party to this charge, it will be a clear misconception of the law to argue that since one of the parties is investigating you, you should excuse yourself.  I am also afraid because this is an issue that is before Court of appeal. He is dragging your Lordship to determine that as to whether the EFCC is the one prosecuting this case.

“I urge the Tribunal not to take the trap because if you do so, you will unwittingly be taking over a case before Court of appeal.  If you uphold the application of the defendant, it will mean whenever accusation is made against any judge in Nigeria, he cannot not sit over any matter. That cannot be the intention of the law,” Jacobs argued.

He also argued that even if it is EFCC that filed the charge, there is no  evidence of ongoing investigation against the Chairman of the Tribunal.

He noted that investigations of the bribery allegation against the CCT chairman was concluded since 2015 and one person has been charged to court.