28th April, 2016
Ayorinde Oluokun/Abuja
The Chairman of Code of Conduct Tribunal Justice Danladi Umar is yet to show up, over one hour after the scheduled 10:00 am for delivery of ruling on a crucial motion that may determine whether he will continue to preside over the trial of Senate President Bukola Saraki on 13 counts charges of false assets declaration or not.
The Senate President had arrived without the usual accompaniment of the deluge of Senators that usually accompanied him to the Tribunal around 10:10 am on Thursday morning.
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.
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 at the last sitting of the Tribunal last Thursday had degenerated into arguments between the Judge and the lawyer, with Justice Umar barely restrained from committing him to prison for contempt.
The Sword of Damocles of EFCC is hanging over you, Saraki lawyer tells CCT Chairman.
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 continue presence of the 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.