The politics of Saraki’s ordeal

The chess game between Bukola Saraki, Senate president, and the ruling All Progressives Congress (APC) is getting interesting with passing day, as each party tries to checkmate the other using their pawn as a joker.

Justice Danladi Umar of the Code of Conduct Tribunal had Friday ordered that a bench warrant be issued on the Senate President for failing to appear to answer charges bordering on assets declaration. This is the first time in the history of Nigeria’s independence that a warrant of arrest is issued on Nigeria’s number three citizen.

Those opposed to Saraki’s emergence as the Senate President had argued that it was only a matter of time for him to be removed from office. For instance, a senator who did not want his name in print was upbeat that the embattled Senate President would vacate his position before the year runs out.

In charge number ABT/01/15, dated September 11 and filed before the Code of Conduct Tribunal (CCT), Saraki is accused of offences ranging from anticipatory declaration of assets, false declaration of assets in forms he filed before the Code of Conduct Bureau while he was governor of Kwara state.

According to the charges, the Senate President is also accused of failing to declare some assets he acquired while in office as governor between 2003 and 2011. He is also accused of operating foreign accounts while being a public officer – governor and senator.

But in a chamber ruling last Thursday evening – less than 24 hours to his arraignment – Justice Ahmed Mohammed summoned the Federal Ministry of Justice, Chairman of the CCB and his CCT counterpart to appear before the high court on September 21 to show why Saraki should be prosecuted over the alleged offence. Also summoned to appear was the Deputy Director in the office of the Attorney General of the Federation, M.S. Hassan, who signed the charge against Saraki.

While his supporters have questioned the timing of the trial, saying he is being persecuted for not respecting party supremacy in the June 9 inauguration of the 8th Senate, his opponents have relied on the Maxims of Equity that “He who comes to equity must come with clean hands”, alleging that since Saraki had ‘soiled’ his hands in corrupt practices in the past, the long arm of the law had finally caught up with him.

Some analysts have described Saraki’s rush to the high court as an abuse of court process since the high court has no appellate jurisdiction over the Tribunal. They cited the recent case of Kingsley Kuku, the immediate past Special Adviser to President Goodluck Jonathan, who got an injunction from a Federal Capital Territory High Court, restraining the IGP, ICPC, EFCC and DSS from arresting or probing him.

They therefore, asked the Senate President to borrow a leaf from Bola Tinubu, former Lagos State governor, who appeared before the CCT in 2011 for allegedly operating foreign account, four years after he left office but was discharged and acquitted. Tinubu is also fingered as the arrow head behind the Senate President’s ordeal.

Ironically, among the high profile cases that the CCB has prosecuted at the CCT, no conviction has been secured; a development that has given rise to insinuation that both the Commission and the Tribunal are being used to witch-hunt perceived enemies.

However, others have argued that the Bureau did not give the Senate President opportunity of fair hearing. A source in Saraki’s office who spoke on condition of anonymity revealed that CCB informed the media of the 13-count corruption charges before he was summoned.

They also argued that the need to involve the judiciary on the matter became expedient since Section 153 (1) of the 1999 Constitution lists Code of Conduct Bureau as a Federal Executive Body.

Senators, who spoke with BD SUNDAY, alleged that leaders of the APC were hell bent on ensuring that he was removed from office before the end of this year.

According to the lawmakers who craved anonymity, the grouse of the Senate President’s opponents stemmed from his refusal to respect party supremacy by emerging Senate President at the June 9inauguration of the 8th Senate and also rejecting APC’s choice of Principal Officers. A chieftain of the party, Bisi Akande, had alleged that oil subsidy thieves were instrumental to the enthronement of the nation’s number three citizen.

Although Nigerians are divided over if the current development has boosted the anti-corruption crusade of President Muhammadu Buhari, political analysts believe the scenario at the 8th Senate could signal a return to the ‘Banana Peel’ era, which witnessed five Senate Presidents between 1999 and 2007 in the administration of former President Olusegun Obasanjo. They included: Evan Enwerem (June 3, 1999 – November 18, 1999); Chuba Okadigbo (1999 – 2000); Anyim Pius Anyim (2000 – 2003); Adolphus Wabara (2003 – 2005) and Ken Nnamani (2005 – 2007).

The proverbial banana peel is a trap by opposition figures in the Red Chamber to put their target in a tight position and ultimately cause his sack.

As the battle of wits continue between both camps, opponents of the Senate President would naturally seek his removal on moral grounds.

But his supporters would have none of that on the grounds that a man is presumed innocent until proven guilty. They buttress their argument with the case of former Senate President, David Mark whose election was annulled by the Benue State Election Petition Tribunal in 2008 but presided over the Senate until the tribunal’s verdict was upturned by an appellate court.

For Mao Ohuabunwa (PDP, Abia North), senators will give the Senate President maximum support, irrespective of distraction from any quarters, saying Saraki has led the Senate on the right path in the last 100 days.

Another senator, Sabi Abdullahi (APC Niger North), who described the trial as politically-motivated, assured that majority of the senators are in support of the Senate President. “We will stand by our leaders because leadership is from God and as far as I am concerned, I didn’t come here because I am the best; it is just the will of God that we will be here. And based on the fact that we are here, we shall try as much as possible to deliver very good legislations that will move this country forward. Nigeria is great, and we want to make it greater. And I assure you, we will definitely not be distracted. The entire Senate is behind our leadership,” he said.

As public opinion seems to be in favour of the number three citizen, it is left to be seen how his opponents will  galvanise the needed support of senators for his removal, as Section 50 (2) (c) of the 1999 Constitution requires a resolution of not less than two-third majority of the house – 73 senators – for his removal. With 49 PDP senators and 58 APC lawmakers, this could pose an herculean task for those seeking his ouster.

Analysts have also said that the development is very dangerous for the ruling party that mounts transparency and claims to be doing things in different, better way.

A legal practitioner, who spoke on condition of anonymity, said: “I see what is happening in the Senate as a dangerous development and a bad omen. Something tells me that democracy is under threat. They are introducing instability in the system. I am not quite sure if they can succeed in removing Saraki. Nigerians are no fools; they are watching and people are asking questions. People are saying, ‘how is APC different from the PDP?’ I tell you with the way things are going; APC may not last beyond the first term of four years.”