The Federal Government yesterday queried the moral right of Senate President Bukola Saraki to question the integrity of Code of Conduct Tribunal (CCT) Chair Danladi Umar and to ask him to disqualify himself from his (Saraki’s) trial for false assets declaration.
Lead prosecution lawyer Rotimi Jacobs, said it was laughable that Saraki, who is on trial will choose to hold on to office as a Senator and Senate President, but demands that Umar, who was merely investigated and freed, to vacate office.
“This motion is absurd. The defendant (Saraki), who has been charged to court, is still performing his statutory duty as a senator till today, saying that the Constitution guarantees him presumption of innocence.
“He is saying that he remains a senator. He is saying that he will continue to be Senate President and he will continue to perform his duties. But he is saying that your lordship (Umar), who was merely investigated, should not be allowed to enjoy the presumption of innocence and that your lordship should not be allowed to continue to perform his duties.
“Your lordship has not been charged before any court. No charge has been filed against your lordship. That is the absurdity in their motion. This application is only filed to achieve one purpose; to embarrass the tribunal,” Jacobs said while responding to a motion by Saraki, asking the tribunal Chairman to disqualify himself from the trial on the grounds that he was investigated for bribery allegation.
Jacobs said the motion was filed to malign the tribunal chairman, adding that the investigation of the bribery allegation had been concluded and the person found to be culpable had since last year been charged to court by the EFCC.
“If investigation has been concluded and someone is already facing trial, will the defendant be right to say that the tribunal chairman is involved in on-going investigation. He cannot be right. The investigation has been concluded since March 2015.
“This is stated in our counter-affidavit which was never challenged. That is what led to the charge he referred to. The person on trial is the only one recommended for prosecution.
“The letter did not recommend your lordship for prosecution. That is not what the letter says. The letter clearly stated with overwhelming evidence the person to be prosecuted. We should fear God, we are counsel,” Jacobs said.
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