Why CCT chairman, Danladi Umar cannot preside over Saraki’s matter

– Counsel to Senate president Bukola Saraki have argued that the Chairman of the CCT Danladi Umar will no longer be able to comply with section 36 of the constitution which requires fair hearing 

– The defense says that the tribunal must rule on the matter and not wait till the end of the case as the motion does not relate to the charge

The Code of Conduct Tribunal has begun hearing argument on the application filed by Bukola Saraki, the Senate president for Danladi Umar, the presiding judge, to withdraw from his trial.

Bukola Saraki at the CCT on Tuesday, June 21, 2016

This defence referred to a motion filed on 13th of June 2016 seeking the removal Justice Umar for bias.

One of Saraki’s counsels, KK Eleja who took the motion, made reference to newspaper publications reporting the chairman’s statements.

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“I have with me the affidavit of 4 members of the public who were in court when Umar made the reckless comments,” it read.

Saraki at the CCT on Tuesday, June 21, 2016.

He went on to announce the names of the four members of the public who signed the affidavit.

The application is also supported by an address filed on June 13 and a reply filed on the June 20.

The fundamental reason of the motion is that the Chairman of the CCT Danladi Umar will no longer be able to comply with section 36 of the constitution which requires fair hearing

“It is no longer possible for “My lord, the chairman” to be fair in this process.

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“The prosecution has not disputed the fact that the Chairman made these statement,” he said.

The defense attempted to quote the statement that is in contention saying “I am not happy by the delay tactics of the defence counsel.”

Rotimi Jacobs, the lead prosecuting counsel to the federal government immediately objected saying that it is already in the motion and should not be repeated.

The prosecution has implicitly admitted that the chairman made those statements.

Eleja said although the affidavit was sent to the CCT Chairman, but he has not filed any counter affidavit.

He added that this means that the defence, the prosecution and the Chairman agree that the contentious statement was made.

“The defendant had earlier filed a similar application alleging bias in the case asking the Chairman to recuse himself.

“In the earlier application the defense contended that because the Chairman was under investigation.

“By same government that brought the charges, then the chairman was being blackmailed to bring the charges against the defendant,” he said.

The defense went further to say that the tribunal must rule on this matter and not wait till the end of the case as the motion does not relate to the charge.

The application in contention dated 8th April, 2016 while the present application is based on statements made by this same chairman which was filed two months later.

The second reason given by the prosecution on why the Chairman should not recuse himself is that he would be facing a fair accompli at the Court of Appeal.

The appeal at the Court of Appeal against the chairman’s earlier ruling was filed in April.

However, Rotimi Jacobs while making his argument, said what the prosecution is doing is adding more grounds to the initial motion which is before the court of appeal.

He said this is the same application filed on April 9 that sought the recusal of the chairman.

Jacobs argued that if he agrees to the defence motion, he is doing the job of the court of appeal.

“What the defense is asking for is not permitted in law.

“We are lawyers and we have a line in the society,” he said.

As the trial of the Senate President, Dr. Abubakar Bukola Saraki, continues at the Code of Conduct Tribunal (CCT), Danladi Umar, the chairman, had on Wednesday, April 27, entertained the hearing of the motion to disqualify him.

The motion filed by Ajibola Oluyede, one of Saraki’s counsel’s aims at asking the judge to withdraw from the case due to his case with the Economic Financial Crimes Commission (EFCC).

Saraki has been charged with 13 counts of false declarations of assets while he was the governor of Kwara state.

He has been undergoing trial since September 22, 2015.

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