Photograph — Abubakar Bukola Saraki

Dr. Bukola Saraki, who was previously Kwara state governor and now Nigeria’s Senate President, has recently been embroiled in legal battles and corruption charges with Nigeria’s Code of Conduct Bureau. The Code of Conduct Bureau, on September 11, slammed a 13-count charge of corruption on Mr. Saraki, accusing him of offences ranging from anticipatory declaration of assets, to false declaration of assets in forms he filed before the Code of Conduct Bureau while he was governor of Kwara State.

The Code of Conduct Bureau (CCB) is an agent of the Federal Republic of Nigeria, which was created under Schedule 5 part I of the Constitution of the Federal Republic of Nigeria (hereinafter referred to as CFRN) as amended. The Code of Conduct Bureau is responsible for the verification of assets declared by public officers and reports all discrepancies to the Ministry of Justice. The Ministry of Justice, through the office of the Attorney General of the Federation, then institutes an action against defaulting public officers before the Code of Conduct Tribunal. The Code of Conduct Tribunal (CCT) is established by the CFRN under Schedule 5 Part II and has the jurisdiction to attend to matters presented to it by the Code of Conduct Bureau and by extension, the Ministry of Justice. However, the Court of Appeal has appellate jurisdiction to decisions of the CCT.

How it all started

Saraki, who has been accused of falsely declaring assets and converting government properties while in public office, was due to appear before the CCT on Friday September 18, 2015 but he did not show up. The ex-governor was also required to show in court today but he was nowhere to be found. Since the battle began, Joshua Daodu the counsel to Saraki, the defendant has come up with several legal antics to either delay proceedings or nullify it completely.

When the notice of the charges filed with the request to show up in court was issued, Daodu filed a motion with the Federal High Court, asking the court to grant an injunction that would prevent the CCT from proceeding with trial. The prosecution counsel, Muslim Hassan, asked the tribunal to order his arrest for failing to appear before it, arguing that the high court had parallel jurisdiction with the tribunal and as such, had no power to halt a trial of the tribunal.

The Chairman of the Tribunal, Danladi Umar, issued a bench warrant against Saraki but his counsel prayed the tribunal for an adjournment until Monday. The tribunal granted the prayer of the defendant for adjournment but requested that Saraki be present in court on Monday. Daodu filed an ex-parte motion with the Court of Appeal, hoping to stay the execution of the warrant of arrest, and then alleged that the CCT could not go further with trial until the Court of Appeal reaches a decision.

On Monday, Saraki was again absent in court. His counsel argued that his client did not appear because the constitution of the CCT was illegal and consequently rendered the trial ultra vires – that is, it is of no legal effect. This argument was dismantled by the provisions of the CFRN in Schedule 5 regarding the constitution of the CCT.

The CCT has since ordered the police to present Saraki at the next trial date or risk facing consequences. The Court of Appeal has also dismissed Daodu’s plea for a stay of execution.

Legal issues raised

The first legal issue raised is in terms of the privilege of immunity granted to public officers, which it seems did not extend to the office of the Senate President and to Saraki by extension. It has since been shown that the immunity against prosecution granted to public officers under Section 308 of the CFRN only extend to the President, Vice President, State Governors and their deputies.

The second legal issue raised was whether the Ministry of Justice had the right to institute an action against Saraki under the law without an Attorney General. Since Nigeria is currently without Ministers, this objection might have been sustained if not for the provisions of the law in Section of the CFRN. The court interpreted the law to establish that the office of the Attorney General is an office in the Ministry of Justice, and the Ministry of Justice was free to institute a case in the name of the Attorney General.

Also, Daodu’s claim that the CCT could not judicially try Saraki for lack of jurisdiction has since been trashed. Mr Daodu might be guilty of violating professional ethics since the court granted his prayer on Friday based on self-recognizance, but he went ahead to flout court orders.

The political implications

Nigeria’s President, Muhammadu Buhari, was voted into power because he campaigned heavily against corruption. For a country like Nigeria, which was consistently on the “Most Corrupt Countries” list, Buhari’s promise of change was what they needed.

It is perhaps Nigeria’s worst kept secret that corruption is a pervasive problem. While Saraki’s trial and the seemingly unprecedented effectiveness of the judiciary in prosecuting him might seem like a step in the right direction in this battle for change, there is also speculation that Saraki might actually be a victim of witch-hunting.

Since Bukola Saraki assumed office as the Senate President, he has been on the bad side of APC party leaders. Although Buhari and Saraki are both members of the same political party, APC, there has been a bit of tension since Mr Saraki teamed up with the opposition party PDP to emerge Senate President.

President Buhari has, through his spokesman, since denied allegations of witch-hunting against Saraki, underscoring that he is objective to Saraki’s ordeal in respect to the Rule of Law.

As it stands, Saraki is innocent until proven guilty by the tribunal, and even then, he has recourse to the Court of Appeal. If he is convicted, he could be facing hefty fines and a jail term which commences immediately, regardless of his position.

Here are the live updates from #SarakiOnTrial on September 22.

20th Nov 2015 - 20.33 pm

It is thought at least 27 people have died after armed jihadists stormed the Radisson Blu hotel in the Mali capital Bamako.

The gunmen took a number of hostages after entering the hotel shouting Allahu Akbar at around 7am local time.

Two Malians, a Belgian and one French citizen are among the dead. Malian special forces launched an assault on the hotel, working their way through the 190 bedroom building and bringing the hostage situation to an end at around 4pm local time.

There were 140 guests and 30 staff members in the hotel, which is popular with visiting Western officials and airline crew on stopovers.

20th Nov 2015 - 20.21 pm

It is thought at least 27 people have died after armed jihadists stormed the Radisson Blu hotel in the Mali capital Bamako.

The gunmen took a number of hostages after entering the hotel shouting Allahu Akbar at around 7am local time.

Two Malians, a Belgian and one French citizen are among the dead. Malian special forces launched an assault on the hotel, working their way through the 190 bedroom building and bringing the hostage situation to an end at around 4pm local time.

There were 140 guests and 30 staff members in the hotel, which is popular with visiting Western officials and airline crew on stopovers.

20th Nov 2015 - 16.58 pm

Conflicting reports on whether or not hostages are still being held

A Malian official has told BFM TV that there are no more hostages.

However local media are reporting that some hostages are still being held.

It is thought that 18 people have died, but those reports are unconfirmed.

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20th Nov 2015 - 16.50 pm

A Belgian has been confirmed to be among the 18 reported dead.

His employer has named him as local government official Geoffrey Dieudonne.

It is not clear if more hostages are under threat.

20th Nov 2015 - 16.47 pm

Sources at the scene have said that 18 bodies have been recovered by security forces.

It was thought that 138 terrorists were being held, however reports are emerging that terrorists no longer have any hostages.

20th Nov 2015 - 16.36 pm

Reports on a local radio station have said that 15 hostages are dead.

The report was broadcast by Mali’s Mikado FM.

They claim to have been given the information by government sources.

20th Nov 2015 - 16.32 pm

Al-Mourabitoun is a well-known jihadist group led at one time by the infamous terrorist Mokhtar Belmokhtar.

The group is thought to be a mainly Algerian-based group with ties to Al-Qaeda rather than Islamic State.

Belmokhtar became one of the globe’s most wanted after he masterminded an attack on an Algerian gas plant in 2013 that killed 39, workers, six of them Brits.

It is believed he died in an airstrike in June. His death has been announced several times, but the most recent, on Algerian TV last month, was thought to be credible.

America offered a million reward for the capture of Algerian Belmokhtar, who lost his left eye handling explosives.

Mokhtar Belmokhtar

20th Nov 2015 - 16.29 pm

The African Jihadist group called Al-Mourabitoun which are claiming to be behind today’s attack are not particularly linked with ISIS, it is being claimed.

US security sources analysing today’s attack also say it is too soon to know whether or not this attack is specifically linked to last week’s Paris tragedy.

We’ll be bringing you all the latest as this hostage situation develops. At this stage it is understood that 138 hostages are being held by the terrorists.

Al-Mourabitoun have been previously linked with attacks on hotels in Mali.

20th Nov 2015 - 16.24 pm

As well as Malians, at least eight nationalities are known to have been caught up in the incident.

  • Algeria: six were part of an official Algerian delegation, one works for a French company
  • Germany: the Ministry of foreign affairs said two Germans had escaped. It is unclear whether others are still being held hostage
  • Belgium: Four Belgians were guests at the hotel but it is not known whether they were there when the gunmen attacked
  • China: At least seven Chinese nationals are affected
  • France: 12 Air France employees, two pilots and 10 cabin crew, were staying at the hotel and are now in a safe place. Air France flights to Bamako today have been cancelled.
  • India: 20+ Indian nationals are thought to be among the hostages
  • Turkey: Five Turkish Airlines staff have so far been rescued
  • America: At least six Americans have been freed

20th Nov 2015 - 16.08 pm

An African Jihadist group called Al-Mourabitoun is the terror organisation claiming to be behind today’s attack.

The group is based in northern Mali and made up mostly of Tuaregs and Arabs.

Al-Mourabitoun made the claim on Twitter, however this claim is yet to be verified.

Meanwhile it has been confirmed that two German citizens have been evacuated.

20th Nov 2015 - 16.07 pm

An Al Qaeda-affiliated group is claiming that they are behind today’s terror attack.

It is thought that 138 hostages remain at the Radisson Blu Hotel.

Several Al Qaeda-supporting groups also have links with ISIS, however the specifics of who is behind today’s attack remains unclear.

20th Nov 2015 - 15.52 pm

Six US citizens have been rescued from the scene, according to a military spokesman.

Among those evacuated, some are said to have serious injuries.

The recovered hostages are then being rushed to a nearby hospital.

20th Nov 2015 - 15.51 pm

French special forces have arrived at the hotel.

It is understood that 40 were sent out once details of the hostage situation emerged.

More than 100 hostages remain on the seventh floor, being held by terrorists, it is understood

20th Nov 2015 - 15.35 pm

Four Chinese hostages have been rescued from the hotel.

The information was confirmed by the Chinese embassy in Mali.

However 138 remain held hostage on the seventh floor while special forces go floor-to-floor.

20th Nov 2015 - 15.12 pm

A Malian journalist near the hotel is reporting that several of the wounded being evacuated from the hotel are being taken on a stretcher.

However 138 hostages – including 13 employees of the hotel – are said to be being held on the seventh floor.

Three are confirmed to have died.

20th Nov 2015 - 15.04 pm

Images are emerging of hostages being taken by security forces from the hotel.

Sources say that heavy gunfire was heard moments earlier.

It is understood that the terrorists are holding hostages on the seventh floor.

20th Nov 2015 - 15.00 pm

Heavy gunfire is being heard from those on the ground outside the hotel.

Security forces are inside the building trying to free hostages.

It is understood that 138 hostages are being held on the seventh floor by the terrorists.

20th Nov 2015 - 14.57 pm

A Malian security source has said that 138 hostages are being held on the seventh floor, which is fully controlled by the terrorists – believed to be several gunmen brandishing AK-47s.

Meanwhile Malian special forces have stormed the building, and are clearing it floor by floor.

Several hostages who have fled the scene said the gunmen were speaking in English.

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20th Nov 2015 - 14.47 pm

This is the latest advice from the Foreign Office on the ongoing siege of a hotel in Mali.

“There’s an ongoing incident at the Radisson Hotel in Bamako. If you are in Bamako you should remain indoors and follow the instructions of the local authorities.

The situation in Mali is still unstable.

You should maintain several days’ stock of food and water in case disturbances take place.

There is a high threat from terrorism, including kidnap, especially in areas north of Mopti.

Further attacks are highly likely in northern Mali, though the threat exists throughout the country. Attacks could be indiscriminate, including in places visited by foreigners.”

The Foreign Office is also advising against all but essential travel to the rest of Mali.

20th Nov 2015 - 14.43 pm

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20th Nov 2015 - 14.42 pm

CNN is reporting that US special forces are assisting Malian and French officers in their handling of the hostage situation.

Of the 138 remaining hostages, 13 are employees of the hotel.

It is understood that some hostages who could recite verses of the Koran were allowed to leave.

20th Nov 2015 - 14.32 pm

A page representing hacktivist group Anonymous – who declared war on ISIS last week following the Paris attack – has tweeted to share their thoughts with those who have died and those involved in the current siege in Mali.

20th Nov 2015 - 14.25 pm

At least three people are confirmed to have died after armed jihadists stormed the Radisson Blu hotel in the Mali capital Bamako.

The gunmen were reported to have taken 170 hostages, 140 guests and 30 staff members, after entering the hotel shouting Allahu Akbar. Two Malians and one French citizen have died.

11th Nov 2015 - 12.26 pm

#NIGCabinet Kemi Adeosun – Finance Minister #MinisterialInauguration

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11th Nov 2015 - 12.24 pm

Raji Fashola- Minister of Power,Works & Housing

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11th Nov 2015 - 12.11 pm

President Buhari takes the stage to address the newly sworn in ministers of the Federal Republic of Nigeria.

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11th Nov 2015 - 12.03 pm

: 9th set of ministers being sworn in now; Aisha Abubakar (Mama Taraba), Aisha Al-Hassan, Kadija Ibrahim and Mansur Dan Al.

11th Nov 2015 - 11.51 am

:8th set of ministers to being sworn in now; Isaac Adewole, Adebayo Shittu, Solomon Dalung and former governor of Rivers State Rotimi Amaech.

11th Nov 2015 - 11.37 am

:7th set of ministers being sworn in include; Ibrahim Jibril, Abubakar B Bwari, Kemi Adeosun and Cladius Daramola

So far 28 ministers have been sworn in by the president of the Federal Republic of Nigeria.

11th Nov 2015 - 11.21 am

Nigerians can now heave a sigh of relief after holding their breath for five long months in anticipation of a new Federal Executive Council following President Buhari’s ascension to power.

1st batch of Ministers being sworn in Okechukwu Enyinnaya, Chris Ngige, Mohammed M. Bello, Udoma U Udoma

2nd Set of Ministers being sworn in now; Heineken Lokpobiri, Adamu Adamu, Audu Ogbe, Mustapha B.Shehuri

3rd Set of Ministers being sworn in now; Usani Uguru, Ogbonnaya Onu, Osagie Ehanire, Ibe Kachikwu

: 4th set of ministers being sworn in now; Kayode Fayemi, Geoffrey Onyema, Amina Mohammed, Anthony Anwuka

: 5th set of Ministers being sworn in; Suleiman Adamu, Zainab Ahmad, Abdulrahaman Danbazau, Hadi Sirika

: 6th set of ministers just being sworn in are all lawyers; Fashola, Ocholi, Lai Mohammed & Malami

22nd Sep 2015 - 13.01 pm

Dr Saraki’s counsel has expressed dissatisfaction over the new court date set at October 21, claiming that it is too short to plan a defence. Meanwhile, Dr Saraki claims that this is the first time he is hearing the charges brought against him.

22nd Sep 2015 - 12.48 pm

The seating of the CCT has now been adjourned to allow Dr Saraki receive proper brief of the charges against him.

22nd Sep 2015 - 12.26 pm

Dr Saraki is getting support from fellow senators as about 50 of them with some members of the House of Representatives are present in the Tribunal court with him.

22nd Sep 2015 - 12.19 pm

The Prosecution is objecting the defendant’s plea.

FYI: Tribunal Chairman, Danladi Umar, has withdrawn bench warrant against the defendant.

22nd Sep 2015 - 12.17 pm

Dr Saraki pleaded not guilty to all charges. The counsel to the defendant, Joseph Daodu appealed to the Tribunal to give adequate time to his client to be briefed and understand the charges as the Constitution of the Federal Republic of Nigeria prescribes.

22nd Sep 2015 - 12.13 pm

Arguments ensued earlier in the proceedings regarding where the defendant would sit but that was soon resolved. The prosecution established that the item on the agenda for the day was taking the defendant’s plea. This meant that the defendant had to sit in the dock like a common criminal. The defendant, Dr Saraki, was initially reluctant to take a plea but had to do so at the insistence of both the Prosecution and the Chairman of the Tribunal.

The chairman of the Tribunal has since established that the CCT is not a court that tries criminal cases and thus, the administration of criminal justice does not apply to the court.

22nd Sep 2015 - 11.35 am

At about 10 am this morning, Nigeria’s Senate President Bukola Saraki was seen entering into the premises of the Code of Conduct Bureau. The ex-governor who is facing corruption charges with the Bureau has been absent from his previous hearings, forcing the Code of Conduct Tribunal to issue a warrant for his arrest.

Dr Saraki was quoted as saying on Monday that he is a law abiding citizen, promising to show up for his hearing today as he “had nothing to hide”. Since the charges were made, Dr Saraki and his counsel Joseph Daodu (SAN) have employed several tactics to ensure the nullification of the trial, so much that other SANs and judicial personalities are accusing them of attempting to frustrate judicial proceedings.

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Senate President Bukola Saraki now in the CCT dock #SarakiOnTrial

29th May 2015 - 07.54 am

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Look out for five things we learnt from the first sitting of the CCT.

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