A Federal High Court in Abuja has again refused to grant the fundamental rights enforcement suit filed by embattled Senate President Bukola Saraki seeking to stop his ongoing trial at the Code of Conduct Tribunal, CCT.
Delivering judgment on the matter on Friday, Justice Abdul Kafarati dismissed the application for lack of merit and constituting an abuse of court process.
The judge held that the reliefs prayed for by Saraki “are not cognisable under Chapter 4 of the 1999 Constitution”, which lists the fundamental rights of citizens.
Saraki had for the umpteenth time through his counsel Ajibola Oluyede, filed the application challenging the trial at the CCT for falling short of Article 3 of the African Charter on Human and Peoples Rights and Section 36 of the 1999 Constitution.
The Senate president prayed the court to nullify the charges brought against him on alleged false assets declaration while he was Kwara State Governor between 2003 and 2011 on the grounds that they constituted breach of his fundamental rights.
Saraki argued that the prosecution wants to achieve the political objective of the All Progressives Congress (APC) to remove him as Senate president.
He, therefore, prayed the court to restrain all the federal agencies involved in his prosecution for denying him fair hearing as enshrined in the Constitution.
They are: the Attorney General of the Federation (AGF); the Economic and Financial Crimes Commission (EFCC); Independent Corrupt Practices Commission (ICPC); Inspector General of Police (IGP); Code of Conduct Bureau (CCB); Code of Conduct Tribunal (CCT) and its chairman Justice Danladi Umar; Ataedze Adza; the CCB boss Sam Baba; and the Director of Public Prosecution (DPP), Mohammed Diri.
But the judge ruled that the application constitutes an interference with the statutory functions of the agencies, maintaining that the CCT is competent to conduct the trial.
He upheld the objection by counsel to EFCC, Rotimi Jacobs (SAN) and ICPC, Suleiman Abdulkarim that the issue of political objective in the prosecution is “a sentimental claim that has no basis in law”.
“There are Criminal procedure laws that put in place the method of protecting the accused”, the judge added, noting that the trial cannot be regarded as an infringement of Mr. Saraki’s right.
Since the same appeal by the applicant was dismissed by the Court of Appeal, Mr. Kafarati stated, it is inappropriate for the applicant to approach the Federal High Court seeking similar redress.
“If the court grants the application, there will be conflict with the ruling of the appellate Court
“I do not see the need to go to the merit of the case”, the judge ruled.
In his reaction to the ruling, counsel to Saraki, Mr. Oluyede, said they would appeal the verdict at the Appeal Court.
Like Jonathan, he will not listen to the voice of reason for him to throw in the towel and to save Nigeria the shame of contending with a tainted senate president, thereby dragging the Senate into further opprobium. Rather, he will continue to listen to his psychophants in the Senate – former governors feeding fat on their states’ lean purse drawing horrendious amount of money from double salary and pensions, drug barons, panama indictees, enemies of the anti-corruption program of the federal government etc. dem boku for senate, and failed politicians goading him on on his 2019 presidential ambition(God forbid!). For as long as he has loads of that ill-gotten wealth to spend, the drama continues. But only Saraki does not know (or pretends not to know) that the end is near and the people will prevail. GO SARAKI! GO!!!