By Ayorinde Oluokun/Abuja
Rotimi Jacobs, the leading prosecuting counsel for the Federal Government in the false asset declaration charge against Senator Bukola Saraki said Saraki has lost the moral high ground to challenge the position of tribunal chairman Danladi Umar.
Jacobs, a senior advocate of Nigeria also said Saraki lost the moral ground by holding onto his position as senate president, while under trial and at the same time wants Umar, alleged to be under investigation by the EFCC to disqualify himself from the case.
Jacobs made the submission in his response to a motion by one of Saraki’s lawyers, Raphael Ajibola Oluyede, seeking to ask the judge to disqualify himself as he is said to be under investigation by the Economic and Financial Crimes Commission. He said the sword of Damocles of EFCC hangs over the tribunal chairman.
Umar will give a ruling on the matter today.
Jacobs said the demand by the lawyer was unreasonable because the EFCC is not a party to the case at hand.
In a 20-paragraph affidavit to oppose the motion, Jacobs 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 referred the matter to this Tribunal and that this Tribunal has the jurisdiction 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 yourself.
“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 investigation. 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 not being 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 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 any ongoing investigation against the Chairman of the Tribunal.
He noted that investigations of the bribery allegation against the CCT chairman has been concluded since 2015 and one person has been charged to court.
“So, if investigation has been concluded and someone is already facing trial, would the defendant be right to say that you, Justice Umar, are undergoing an ongoing investigation of EFCC.
“He cannot be right. Investigation in this matter has been concluded since March 2015 which led to the charge which he referred to. The letter said there was preponderance of of evidence to prosecute Abdullahi. He is only one that was recommended for prosecution.
“The letter clearly says the person to be prosecuted,” Jacobs said. He accused Oluyede of deceiving the Tribunal by only bringing its attention a part of the letter that suits its argument without considering the other parts of the letter.
“You should fear God. The two letters never recommended that Your Lordship should be prosecuted,” Jacobs said.
He argued that the 20March , 2015 letter which stated that there were no enough evidence to prosecute Umar was issued during the Goodluck Jonathan administration and thus, it could not be said to be politically motivated.
“Letter of 20 March, 2015, the EFCC stand by its letter. This is during Jonathan’s regime. They would have said it is political letter. He himself says I am entitled to presumption of innocence and he will continue to be Senate President.
“But he is now saying that a man who is just investigated should not do his work.
“The application is just to embarrass the Chairman of CCT. It has no merit at all. It is a continuation of that harassment of the Tribunal.
“This attempt is everywhere, it is overwhelming. An attempt was also made to amend your Lordship Law. It’s only in nations like our own that the leadership was facing trial and an attempt was made to amend the law.
“Even they are harassing the prosecution, harassing the lawyers, why?,” Jacobs queried.
At this juncture, Oluyede stood up, saying that there is no evidence before the court to show that the National Assembly is trying to amend the law that establishes the CCT.
But Justice Umar insisted that he was aware of the move to amend the law.
Jacobs also came to his defence: “Your Lordship can take judicial notice of the process of the National Assembly.”
The defence lawyer countered, saying the court can only take note of proceedings of the National Assembly as recorded in Hanzard, except when proceedings are filed before it as part of a suit.
“The harassment of the judge, harassment here and there, go to law courts, we must stop this. He has filed a frivolous application. I urged your Lordship to dismiss it,” Rotimi concluded.