Senate President, Bukola Saraki, has filed an application requesting that the Chairman of the Code of Conduct Tribunal, CCT, Justice Danladi Umar, withdraw from his trial for alleged false declaration of assets due to his “bias.”
Saraki through his counsel, Raphael Oluyede, filed the application on Wednesday, April 20, praying Umar to disqualify himself from Saraki’s alleged declaration of assets trial, insisting that he cannot get justice under Umar’s chairmanship.
it was contended that the continued presence of Umar on the panel of Tribunal offended the
provisions of Section 36(1) of the Constitution of the Federal Republic of Nigeria.
The application, which was filed 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….”
The applicant claimed that the unfolding events and the ways and manners his trial is being conducted by Umar, there is likelihood of bias from the chairman and as such he should withdraw himself from further prosecuting him.
The motion on notice was brought pursuant to section 36(1) of the constitution of the Federal Republic of Nigeria 1999 as amended, the common law rule on likelihood of bias and the rules of natural justice.
The defendants in the motion on notice are Umar and the second member of the Tribunal, Agwadza Williams Atedze.
A 20 paragraph affidavit averred that the applicant had sought to enforce his fundamental right in suit number FHC/ABJ/CS/905/2015 before a Federal High Court in Abuja on the ground that the independence and impartiality of the CCT cannot be guaranteed while Umar presides over the trial of the applicant.
It also averred that Saraki is being tried by the Economic and Financial Crimes Commission, EFCC, and that Umar as chairman of CCT is an object of investigation by the same EFCC on corrupt practices.
The affidavit also claimed that by his conduct in the proceedings, the CCT boss had allegedly proved to be a willing tool in the hand of the executive arm of the government which was responsible for his appointment and particularly as he (Umar) was himself under investigation for corruption by EFCC.
The affidavit deposed to by Paul Akase claimed that neither the Attorney General of the Federation, AGF, nor the EFCC or Umar has ever denied that CCT boss was under investigation.
It also claimed that by the 1999 Constitution the Code of Conduct Bureau and Tribunal Act the power to investigate complain of breach of the Code of Conduct for public officers is the exclusive of the CCB and not EFCC.
The affidavit further stated that the EFCC’s usurpation of the CCB power had been admitted by the AGF in previous court action instituted by Saraki against the AGF, EFCC, Umar and other defendants.
It therefore stated the interest of justice would be served if Umar recused or disqualifies himself from sitting in a the panel of the tribunal to hear and determine the charges being prosecuted against the applicant.
No date has been fixed for hearing of the motion.
Recall that the Senate President had filed several applications to stop his trial in several courts, including the Supreme and the CCT itself, but each and every one had been dismissed.
Last month, March, Saraki had filed an application asking the judge to declare he had no jurisdiction to hear the matter.
But Umar dismissed his application and ordered the commencement of trial.
Meanwhile, the Nigerian Senate has suspended its planned amendment of the Code of Conduct Bureau , CCB, and CCT Act, following fierce criticisms from various quarters.
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