L
LequteMan
Guest
Nigeria's Senate President Bukola Saraki, has opened up about his trial at the Code of Conduct Tribunal in an open letter to Ovation Publisher Dele Momodu. Here are excerpts from the letter concerning the trial:
As you rightly noted, this trial is not about corruption. And I am happy that since my trial started, people who have followed the proceedings have now understood better what the whole thing is about. I have had opportunity to declare my assets four times since 2003. Over those years, the Code of Conduct Bureau had examined my claims. There was no time that they raised any issues with me on any item contained in my declarations over those twelve years. This is why you should be surprised that while I am being tried by the Code of Conduct Tribunal, the witness and the evidence supplied against me were all from EFCC.
Like you, I have an abiding faith in the judiciary. May God forbid the day that we would give up on our judicial system. However, the onus is not on me to prove that I have confidence in the judiciary; the burden is on my prosecutors to prove to the world that justice is done in my case. If the process of fighting corruption is itself corrupt, then whatever victory is recorded would remain tainted and puerile!
Some people have wondered, why has Saraki been “jumping” from one court to another instead of facing his trial? To those people, I would say that I have only gone to those courts in search of justice. Strange things have happened, and they are still happening. For example, Section 3(d) of the Code of Conduct Bureau and Tribunal Act states that the Bureau shall refer any breach or non-compliance to the Tribunal. However, where the person concerned makes a written admission of the breach, no reference to the Tribunal shall be necessary. It was on this basis that the case against Asiwaju Bola Tinubu was dismissed in 2011, by this same judge in this same Tribunal on the grounds that he was not given an opportunity to deny or admit to any breach before he was brought before the tribunal. This was the ruling that I relied on in making my case. But what did the judge say? That he had judged in error in 2011 and he had since realized his error and departed from it. My question is whether a Tribunal of first instance has the power to reverse itself. I should expect that everyone would be worried if justice is applied differently to different people. However, in spite of my fears, I remain hopeful. Why? Because the judiciary does not end with this Tribunal.
My dear brother, let me end by observing that I am not alone in this trial. On trial with me in this process is the entire judicial system. On trial with me are our entire anti-corruption institutions and our avowed commitment to honestly fight corruption. On trial with me is our party’s promise to depart from the ways of the past, a promise that Nigerians voted for. And I dare say, on trial with me is our media; and their ethical commitment to report fairly and objectively. In the end, it is my earnest hope that whatever we do will ultimately ennoble our country.
As you rightly noted, this trial is not about corruption. And I am happy that since my trial started, people who have followed the proceedings have now understood better what the whole thing is about. I have had opportunity to declare my assets four times since 2003. Over those years, the Code of Conduct Bureau had examined my claims. There was no time that they raised any issues with me on any item contained in my declarations over those twelve years. This is why you should be surprised that while I am being tried by the Code of Conduct Tribunal, the witness and the evidence supplied against me were all from EFCC.
Like you, I have an abiding faith in the judiciary. May God forbid the day that we would give up on our judicial system. However, the onus is not on me to prove that I have confidence in the judiciary; the burden is on my prosecutors to prove to the world that justice is done in my case. If the process of fighting corruption is itself corrupt, then whatever victory is recorded would remain tainted and puerile!
Some people have wondered, why has Saraki been “jumping” from one court to another instead of facing his trial? To those people, I would say that I have only gone to those courts in search of justice. Strange things have happened, and they are still happening. For example, Section 3(d) of the Code of Conduct Bureau and Tribunal Act states that the Bureau shall refer any breach or non-compliance to the Tribunal. However, where the person concerned makes a written admission of the breach, no reference to the Tribunal shall be necessary. It was on this basis that the case against Asiwaju Bola Tinubu was dismissed in 2011, by this same judge in this same Tribunal on the grounds that he was not given an opportunity to deny or admit to any breach before he was brought before the tribunal. This was the ruling that I relied on in making my case. But what did the judge say? That he had judged in error in 2011 and he had since realized his error and departed from it. My question is whether a Tribunal of first instance has the power to reverse itself. I should expect that everyone would be worried if justice is applied differently to different people. However, in spite of my fears, I remain hopeful. Why? Because the judiciary does not end with this Tribunal.
My dear brother, let me end by observing that I am not alone in this trial. On trial with me in this process is the entire judicial system. On trial with me are our entire anti-corruption institutions and our avowed commitment to honestly fight corruption. On trial with me is our party’s promise to depart from the ways of the past, a promise that Nigerians voted for. And I dare say, on trial with me is our media; and their ethical commitment to report fairly and objectively. In the end, it is my earnest hope that whatever we do will ultimately ennoble our country.
