Saraki's trial: CCT chairman, Umar refuses to disqualify self
(Nigeria) Justice Umar, the Chairman of the Code of Conduct
Tribunal, CCT, has dismissed the motion by the President of the Senate Bukola
Saraki asking him to disqualify himself from his trial.
Saraki, who is being tried on charges of false declaration
of assets at the tribunal, had alleged bias against him by the judge.
Saraki said that the chairman lacked moral justification to
try him since he (Umar) was being investigated by the Economic and
Financial Crimes Commission over a N10 million bribery
allegation.
Ruling in the application, Umar held that the application
lacked merit.
``The application lacks merit and is hereby dismissed in its
entirety,'' the judge ruled.
Umar said that he was not being investigated by any
anti-graft agency.
He said that the bribery allegation raised by the defendant
was settled via a letter by EFCC, which investigated the matter since March 5,
2015.
Umar said that even the petitioner had failed to provide the
telephone conservation between him (chairman), and one Gambo.
``It is trite in law that he who alleges must prove; in this
case, the petitioner could not prove his allegation," he said.
He noted that there were bodies established by law to
investigate allegations such as the EFCC, ICPC, DSS and the Police.
``In this instance, the EFCC has concluded its investigation
against Justice Umar; after the investigation, it found that the bribery
allegation was mere suspicion.''
The judge stated that the EFCC had written to the Attorney
General of the Federation and confirmed that after concluding the
investigation, it found no substantial evidence to prosecute Umar.
The Chairman also dismissed another application made by
Saraki's lawyer, Mr Paul Usoroh, SAN, questioning the legality of the
prosecution to amend the charges earlier brought against his client (Saraki).
The prosecution lawyer, Rotimi Jacobs, SAN, in his reaction
to Usoroh's application, had argued that there was no law that made it
mandatory for the prosecution to seek leave of court before amending its
charge.
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