Sunday Onyemaechi Eze
When a pig-headed teen raises his father up in the event of a squabble, expectedly debris of monumental proportion finds their way into his eyes. Since his emergence June 9 as the President of the 8th Senate in defiance to the preferred candidate of the All Progressive Congress, Ahmed Lawan; Bukola Saraki has been in the eye of the storm. The exalted public office has turned out to be an albatross. Apart from challenging the constitutionality of the development by some aggrieved colleagues in a court of law, some of the ruffled big time political feathers are on the prowl plotting his down fall. Saraki has been at the receiving end of some invidious “forces.” Forces if you like within and outside APC which are bent on extracting their pound of flesh for sadly losing out or out-witted in the political game culminating in the emergence of the Senate leadership.
Hounding Bukola’s wife by the EFCC was a prelude to teaching him a political lesson of his life. Toyin, was invited some months ago for questioning regarding several contracts executed by companies said to be linked to her during her husband’s tenure as governor of Kwara State. In the same vein, Kennedy Izuagbe, an associate of Saraki and former director of the moribund Societe Generale Bank Nigeria Plc and Managing Director of Carlisle Properties and Investment Limited was declared wanted by the EFCC for conspiracy and money laundering to the tune of over N3.6 billion. The backlash resulted to the inauguration of a probe panel against the EFCC Chair based on allegations of diversion of funds recovered from corrupt politicians levelled against him by George Uboh. The drama continues!
The last straw that broke the Carmel’s back was a 13-count charge bothering on false declaration of assets slammed on Bukola by the Code of Conduct Bureau: a breach of Section 15 of the Code of Conduct Bureau and Tribunal Act, Cap C15, LFN 2004 and punishable under Section 23 (2) as incorporated under paragraph 18 of Part 1, Fifth Schedule of the 1999 Constitution. On the charges of the Code of Conduct Bureau (CCB), Saraki made false declarations in his Assets Declaration Form for Public Officers at the beginning and end of his tenures as governor of Kwara State between May 29, 2003, May 28, 2007, and between May 29, 2007, and May 28, 2011.
Among the sins of the Senate President according to CCB, three will suffice here: First, Saraki’s claim to have bought a five bedroom house and an undeveloped plot at 15A and 15B MacDonald Street, Ikoyi Lagos valued at the aggregated sum of N396, 150,000.00 million in year 2000 through his company Carlisle Properties Ltd. But the CCB alleges that the properties were in actual fact sold by the Committee on the Implementation of Federal Government Landed Properties in 2006 to Bukola’s companies Tiny Tree Ltd and Vitti Oil Ltd.
Second, Saraki claimed to have acquired in October, 2006 and May, 2007 two landed properties at 17A and 17B MacDonald Street, Ikoyi Lagos at N497.2 million from the Committee on the Implementation of Federal Government Landed Properties while he falsely claimed he acquired them from proceeds of sale of rice and sugar. Third, the Bureau also accused Saraki of refusal to declare, at the beginning of his second tenure as governor of Kwara State in 2011 his ownership of Plot 2A Glover Road Ikoyi Lagos, which he acquired between 2007 and 2008 through his company Carlisle Properties Ltd from the Central Bank of Nigeria (CBN) for a total sum of N325 million; and making false declaration in respect of properties in other parts of the country and cash deposits in banks. In the context of appraising corruption and its associated damage to our nation, an attempt to unearth alleged offences committed 12 years ago is questionable. Could this be genuine determination at taming corruption or “persecution” of Bukola Saraki?
The vintage Saraki refused to show up at the tribunal. He alleged that the charges against him were politically motivated and aimed at ridiculing his person. Consequently, he ran from one judicial pillar to post in a bid to frustrate or escape the long arm of justice. The FCT High Court gave him a temporary reprieve. This impudence incurred for him the wrath of the Code of Conduct Tribunal. Nobody is above the law. One had expected the Senate President to willingly submit before the tribunal to clear his name and defend the charges preferred against him. Chances are that his defence team may deflate the argument of the prosecution counsel and let him off the hook. The Code of Conduct Tribunal (CCT) on the other hand should have first moved to set aside the decision of the FCT High Court before insisting on prosecuting the accused.
The exalted public office Bukola Saraki occupies makes this case peculiar and interesting. While he ran to the FCT High Court, which had since thrown out his plea to secure a stay of execution/proceedings against him, the tribunal issued a bench warrant directing the police to produce the him at all cost on its next sitting. Saraki at the end ate the humble pie and had since appeared before the Tribunal. If the Senate president had abused the privileges accorded him, the Code of Conduct Tribunal shows no maturity in law. For Nigerians, they are quite ecstatic considering the serious and impressive nature the fight against corruption presently assumes. Has the requiem for this societal menace begun with a big fish like the President of the Senate Bukola Saraki on the hot seat? This trial has culminated into differing legal opinions on the propriety or otherwise of Saraki’s refusal to appear in person, procuring of a stay of execution/proceeding from a FCT High Court and the tribunal’s hasty resolve to proceed with the case without minding the Court Order. Lawyers are at variance as to whether the Code of Conduct Tribunal is of coordinate jurisdiction with the FCT High Court. Parties including the legal team from the Ministry of Justice knew the right mind of the law but they all chose to stick to their master’s briefs and consequently create unnecessary legal confusion. However, the utmost concern of Nigerians is the veracity or otherwise of the allegations against Saraki, fairness and justifiable application of the justice system.
The law guiding the actions, operations and responsibilities of the Code of Conduct Bureau calls to question on this matter. “Section 24 (2) of the Code of Conduct Bureau and Tribunal Act, has it that; “prosecution of all offences referred to in this Act shall be instituted in the name of the federal republic of Nigeria by the Attorney General of the Federation or such officers in the ministry of Justice as the Attorney General of the Federation may authorise so to do.”
Moreso, section 174 (1) (a-b) also stipulates that; the Attorney General of the Federation shall have power-“to institute and undertake criminal proceedings against any person before any court of law in Nigeria, other than a court martial, in respect of any offence created by or under any Act of the National Assembly; to take over and continue any such criminal proceedings that may have been instituted by any other authority or person; and to discontinue at any stage before judgment is delivered on any such criminal proceedings instituted or undertaken by him or any other authority or person.” On whose authority and instruction did the ministry of justice and the CCB institute and undertook criminal proceedings against Saraki since there was no Attorney General of the Federation after May 29, 2015?
Stamping out corruption is the wish of every Nigerian. The preponderance of this menace has only earned the nation a trophy of under-development and unprintable names in the comity of nations. Suffice it to say that the destructive outcomes of corruption on our national development are worrisome. Now that President Muhammadu Buhari’s anti-corruption stance has lent credence to the new found zeal of anti-graft agencies to perform. Nigerians look forward to reaping the fruit therefrom by celebrating that seasons when corruption will be drastically reduced to its barest minimum. By and large, Nigerians have unanimously come to terms with the fact that a collective assault on corruption beginning with genuine prosecution of corrupt past and present political office holders was the most desirable. This must be done with utmost evenhandedness.
Sunday Onyemaechi Eze, a Media and Communication Specialist wrote via [email protected] and can be reached on 08060901201.
The opinions expressed in this article are solely those of the author.
