Saraki loses bid to force Umar out of trial

Danladi Umar, chairman of the Code of Conduct Tribunal (CCT), says he will not disqualify himself from the trial of Senate President Bukola Saraki.

Saraki had filed an application asking the judge to withdraw from his trial.

But Umar held that he would not hands off the case because he was performing his constitutional duty.

“Chairman of the tribunal has not been charged to any court. The defendant, though, facing charges, has not recused himself from performing his duties as senate president,” the judge said in response to Saraki’s argument that he should withdraw from the case on the grounds that he was under investigation for bribery.

“The issue of any investigation is over. The tribunal holds that the application of the accused lacks merit. It is hereby dismissed.”

Arguing the application on Wednesday, Ajibola Oluyede (SAN), counsel to Saraki, had asked the CCT chairman to withdraw from the case on the grounds that he was being influenced by the Economic and Financial Crimes Commission (EFCC).

Oluyede argued that Umar, whom he said was being investigated by the anti-graft agency, would not act independently in the trial of his client.

“The reason why we are here is that the EFCC is prosecuting the defendant before tribunal,” he had said.

“The EFCC is holding a sword of Damocles over the Honourable Justice Umar. The presence of Umar on the panel removes the guarantee that the tribunal will act independently or impartially. I urge the tribunal to grant the relief sought.”

But Rotimi Jacobs (SAN), counsel to the federal government, said that the Code of Conduct Bureau (CCB) and not the EFCC was prosecuting Saraki for alleged false declaration of assets.

“Your lordship is not under any trial. Your lordship has not been convicted. The defendant here is still performing his duty as senate president, and he is now saying that a judge who has not been charged should withdraw from trial,” Jacobs had said.

“Assuming it was the EFCC that filed this charge, is there any evidence of an ongoing investigation against the tribunal? Investigation has been concluded since March 2015.

“This application is only to harass and intimidate the tribunal. This is not an EFCC case.

“There is a series of harassment; they are harassing the tribunal and the prosecution. An attempt was made to amend the law setting up the tribunal just because an individual is on trial. And they even invited the chairman of the tribunal saying they are doing oversight function.”

On April 21, Umar had “thrown away” the application.

But on Wednesday, he gave room for Oluyede to make his submission on it.

In the application seen by TheCable, the senate president also asked Umar to disqualify himself from the case on the grounds that he was biased.

The application which was filed on April 20 at the CCT read in part: “An order disqualifying/recusing the Honourable Justice Danladi Umar (Chairman of this tribunal) from sitting on the panel of this tribunal for hearing and determination of the charges filed in these proceedings for the reason that his continued presence on the said panel of this tribunal offends the provisions of section 36 (1) of the constitution of the federal republic of Nigeria which prescribes that ‘In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality.’

It also read: “A likelihood of bias by the tribunal against the appellant… undermines and withdraws from the tribunal, the jurisdiction which it is normally endowed….”

After listening to the counsel, the CCT judge had adjourned the case to Thursday for ruling on the application.