It said the office is perturbed that the tribunal chose to ignore the a subsisting order of a Federal High Court by sitting.
In reaction to the bench warrant of arrest issued on him by the Code of Conduct Tribunal on Friday, Bukola Saraki's office said it is an abuse of the rule of law.
This was contained in a statement by the Special Adviser on Media and Publicity to the Senate President's office, Yusuf Olaniyonu.
It said the office is perturbed that the tribunal chose to ignore the a subsisting order of a Federal High Court by sitting.
“It
is a surprise to us that despite the application by the lead counsel to
the Senate President that he will produce Dr. Saraki on Monday and the
personality of the person involved as the Number three man in the
country, the Tribunal insisted on issuing a warrant of arrest as if its
intention is simply to embarrass Dr. Saraki,” the statement read.
Read below 10 important things pointed out in the Senate President's Office response to the warrant of arrest:
1.
While the Senate President, Dr. Abubakar Bukola Saraki, had stated and
maintains that he is ready to submit himself to due process of the law
on any issue concerning him, he also believes he has an inalienable
right to resort to the same judiciary for protection when he feels his
fundamental rights are about to be infringed upon.
2.
It is for this reason that Dr. Saraki, having satisfied himself that
the case filed by the CCB and the manner in which the case was filed
shows that he will not be given justice, resorted to the Federal High
Court for the determination of the issues of competence of the
prosecutor as well as compliance with the procedure stipulated in the
Code of Conduct Bureau and Tribunal Act.
3.
The Federal High Court on Thursday, September 17, 2015, therefore
ordered that the all parties in the case should appear before it on
Monday, September 21, 2015. The implication of this ruling by a Court of
competent jurisdiction is that the sitting today has been overtaken by
event. It is for this reason that Dr. Saraki chose to go about with his
normal official schedule.
4. Today at the
Tribunal, Counsel to the Senate President, Mr. M. A. Mahmud (SAN),
raised a motion stating that there is a pending constitutional matter
before the Federal High Court to be decided on Monday and that the
Tribunal should hold the trial until the constitutional matter is
disposed of.
5.
We are however dismayed that the Tribunal chose to disregard the order
of the Federal High Court and the motion to suspend hearing till Monday
when all parties are expected to argue their positions on the
constitutional matter.
6. It is also a
surprise to us that despite the application by the lead counsel to the
Senate President that he will produce Dr. Saraki on Monday and the
personality of the person involved as the Number three man in the
country, the Tribunal insisted on issuing a warrant of arrest as if its
intention is simply to embarrass Dr. Saraki. We are not unmindful of the
fact that the Tribunal is acting under political influence and external
pressure. This is dangerous to our democracy.
7.
The conduct of the Tribunal today left nobody in doubt that it cannot
do justice on the matter before it. It is also clear that today’s
decision is an abuse of the rule of law which portends danger to our
judicial system. The Tribunal has equally set a bad precedent in the way
and manner it conducted itself during the proceedings.
8.
We want to emphasise the fact that this is not part of any war against
corruption but using state institutions to fight political opponents and
seeking to achieve through the back door what some people cannot get
through democratic process.
9. We need to
caution here that in a desperate bid to settle political scores and
nail imaginary enemies, we should not destroy our democratic
institutions and heat the polity for selfish reasons. Let us all learn
from history.
10. The Senate President is
a law abiding citizen who will not do anything to undermine the
judicial process and authority. However, Dr. Saraki will always act to
protect his fundamental human rights.
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