The recent Supreme Court judgment which pontificated that the Code of Conduct Tribunal has the requisite jurisdiction to try the President of the Senate, Dr. Abubakar Bukola Saraki, on allegations of false asset declaration has effectively positioned the Kwara-born politician in the eyes of the storm.
The apex court panel of seven Justices unanimously dismissed an appeal by Saraki challenging his trial by the tribunal. In the lead judgment, Justice Walter Onnoghen held that the Tribunal had quasi criminal jurisdiction to ensure public probity and accountability of public officers, a position the tribunal had maintained all the while.
Interestingly too, Onnoghen held that the tribunal had the requisite jurisdiction to try the appellant (Saraki) without full complement of the three-member panel. It is also apparent that the 1999 Constitution as amended has not made definite stand on what number constitutes a quorum of the tribunal, but the Section 28 of the Interpretation Act did so very clearly. “The Interpretation Act holds that a two-member panel that includes the Chairman and one other member constitute a quorum to sit on any matter. This rubbishes all arguments being put forward over time by Bukola Saraki vide his lawyers.
Little wonder therefore that Bukola Saraki’s appeal suffered similar fate on October 30, 2015 whenthe court of appeal dismissed his petition challenging his trial at the tribunal. Justice Moore Adumein had held that the appeal lacked merit. Saraki had earlier challenged the legal propriety of the 13-count charge that was preferred against him by the Federal Ministry of Justice at the lower court which equally threw away his request before he went on appeal. Now the die is cast and Saraki is face-to-face with the reality of what is to befall him.
Nigeria is one country where people find it difficult to tow the path of honour. Under the current circumstance, Bukola Saraki ought to resign as Senate President. His resignation is not just for him to attend to the serious criminal issues before the tribunal, it is also as a sign of respect for the office of the Senate President of Nigeria which he presently occupies. A situation where he now politicises his ordeal is quite unfortunate because, those who live in glass houses should ordinarily not throw stones. But he chose to throw stones in the APC glass house and now it is time for him to bear the consequences of his actions.
Saraki in the lower court said he had nothing to hide. Now a date has been fixed for him to appear again at the CCT. Instead of going straight to the tribunal to face trial he is reported to be running about wanting to see Bola Ahmed Tinubu and President Muhammadu Buhari to save him from the pangs of the CCT, a report he has not denied. The implication of such a rat race is that he may really have some things to hide. It means the tribunal is on the threshold of making history, to be the first institution to sting a sitting senate president.
Instead of this shameful outing, the best option for Saraki is for him to stand down as Senate President. He must at this point in time stop deceiving himself because he will certainly take something away from the exalted office if he refuses to tow the path of honour. All those fifty Peoples Democratic Party (PDP) senators led by Ike Ekweremadu should know that they are collectively subjecting the Office of the Senate President to public ridicule and shame.
Bukola Saraki has no business remaining as the President of the Senate of the Federal Republic of Nigeria while answering charges on corruption and false declaration of assets. Nigeria should be saved the agony of watching the Senate President appearing on the dock every time like a soap opera on a Nollywood movie. But if he insists, he will unintentionally be making all would-be occupier of such exalted office to be careful in future. It will also go a long way in instilling discipline in political parties in the country, not just the APC. Saraki perhaps felt that Aminu Tabuwal and Emeka Ihedioha did it and got away with it in the PDP, so he and Dogara could as well do same and rush away with it. But he failed to know that all fingers are not equal and that he may not be carrying the anointing oil in the forehead of Tambuwal and Emeka Ihdioha. That is where Saraki got it wrong.
It is obvious that those Senators who are insisting that Saraki could, and should, combine the roles of Senate President and criminal defendant rest their argument on his presumed innocence until proven guilty as guaranteed by our constitution. They are behind the scene nudging him on to perdition. Such characters are simply putting self-interest over and above public interest. Senators of the Federal Republic of Nigeria should know by now that all eyes are on them and not just Saraki. They must take steps to defend the image of the nation’s hallowed red chamber. Nigerians expect their senators to be more concerned and circumspect about public interest. They should know that where the nation is heading with President Muhammadu Buhari is a nation where our people detest the ruining of its institutions. No corrupt person or criminal should occupy any public office hence forth. Nigerians are sick and tired of corruption. So whether some Senators want it or not, whether they want to go and mill around the CCT each trial day or not, the law will surely take its full course on Saraki.
The truth remains that, it is only in Nigeria that a number three citizen in the country would sit tight on his official seat, while facing 13-count criminal charges. The 13 charges are weighty. They include fraudulent conversion of public funds for personal use, false and anticipatory declaration of assets; and contravention of the law prohibiting public officials from operating foreign bank accounts
Instances abound elsewhere in the world where persons occupying such exalted offices resigned from office once the state starts pressing charges against them. Egypt’s Prime Minister and the entire cabinet resigned, following a corruption scandal, which led to the arrest of the Minister of Agriculture, who had resigned even before his arrest. The Minister resigned in connection with allegations that government officials who took bribes to help businessmen illegally acquire state land.
In Guatamalia, President Otto Perez Molina resigned from office after a judge issued an order to detain him in the customs fraud case, which already led to the jailing of his vice-president and the resignation of several cabinet ministers. Several of such cases abound and our Saraki should learn from that.
Even back home, our Salisu Buhari who was Speaker of the House of Representatives, stepped down after he was exposed by a national magazine, The News of false declaration of certificate. Initially he denied, but the magazine stood its ground and was ready to humiliate him in court. Salisu sensing big disgrace ahead of him resigned and went back to school to get his degree.
It is incontrovertible that Saraki is presumed innocent until proven guilty; but he should save the nation’s exalted office of the Senate President of the shame he is about to foist on it whether he is guilty or not.
Mr. Dan Owegie is a Chieftain of the All Progressives Congress (APC), Edo State.
