Justice Ibrahim Buba of a Federal High Court in Lagos on Friday refused the prayer by the Senate President, Dr. Bukola Saraki, to stop his trial at the Code of Conduct Tribunal sitting in Abuja.
Buba said he had no jurisdiction to entertain the fundamental rights enforcement suit filed by Saraki through his lawyer, Mr. Ajibola Oluyede.saraki has been charged with 13 counts of false declaration of assets by the Code of Conduct Bureau.
But he had urged Buba to declare that his trial at the CCT fell short of the requirements of Article 3 of the African Charter on Human and Peoples Rights and Section 36 of the 1999 Constitution.
His lawyer, Oluyede, claimed that the charges filed against Saraki stemmed from his becoming the Senate President against the wish of his political opponents.
He said Saraki was being prosecuted on trumped up charges “with the intention of securing his removal, impeachment and or resignation from office as Senate President.”
Joined as respondents in the suit were the Attorney-General of the Federation; the Economic and Financial Crimes Commission and the Independent Corrupt Practices Commission; and the Inspector-General of Police.
Others were the CCB, the CCT; its chairman, Justice Danladi Umar, and members, Mr. Ataedze Adza, Mr. Sam Saba, Mohammed Diri and Mr. M.S. Hassan.
Oluyede said the respondents’ actions constituted an infringement of Saraki’s fundamental rights to be presumed innocent until proven guilty and the right to fair hearing before an impartial tribunal.
He told Buba that Saraki’s right to fair hearing was being threatened by the respondents and urged the judge to stop the trial before the CCT.
Oluyede stressed that the judge had jurisdiction to hear the suit.
He said, “There is a plan to draw up trumped-up charges against him at a Lagos High Court so as to convict and remove him as Senate President. So, we have two scenarios – one in Abuja and the other in Lagos.”
Oluyede urged Buba to declare that any further invitation, arrest or prosecution of Saraki by the respondents on the basis of allegations that were brought up 12 years after alleged offence was committed amounted to a breach of the Senate President’s rights and was only intended to irritate, harass, humiliate and persecute him. But counsel for the respondents, Mr. Rotimi Jacobs (SAN) opposed Oluyede. He described Saraki’s suit as judicial rascality and an attempt to obtain a “black market order.”
Jacobs said, “The applicant’s suit is simply asking My Lord to stop the order of the CCT which is ongoing in Abuja.
“The applicant’s originating processes filed in September does not concern any action taken in Lagos.
“It is clear that the charge against the applicant is before the CCT sitting in Abuja.”
In a short ruling, Buba said Saraki could not prove that his rights were about to be violated in Lagos.
Buba said, “He (Saraki) has to proffer the reason for the court to hold that his right is about to be violated in Lagos State. The key word is ‘state’.
“If there is no evidence that the infringement or likely infringement cut across more than one state, then the court will not have the vire or jurisdiction to entertain same.”
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