Saraki urges court to quash forgery charge
Senate President Bukola Saraki has urged the High Court of the Federal Capital Territory to quash the forgery charge filed against him, his deputy, Ike Ekweremadu and others by the Federal Government.
He is also praying the court to dispense with his physical appearance so that the business of lawmaking will not suffer and because he is already undergoing another trial at the Code of Conduct Tribunal (CCT). Saraki, the third defendant, was charged along with Deputy Senate President Ike Ekweremadu, former Clerk of the Senate Salisu Abubakar Maikasuwa and Deputy Clerk Benedict Efeturi.
Justice Yusuf Haliru had ordered substituted service of the charge and adjourned until June 27 for arraignment. The Senate President, in an application filed by his lawyer Ahmed Raji (SAN), a copy of which was made available to our correspondent, is praying the court to quash the charge.
Raji said the application, filed yesterday, had been served on the prosecution. "The motion has already been filed this afternoon (yesterday) and served," he told The Nation correspondent.
In a motion on notice, Saraki is praying for an order dispensing with his physical appearance and during and pending the determination of this Motion on Notice. He sought an order setting aside the purported service of the Charge/Information Sheet which was effected by substituted means on him.
The Senate President also prayed for an order striking out or quashing the charge for non-disclosure of a prima facie case against him. He is also praying for an order suspending or adjourning sine die all the proceedings against him pending hearing and determination of the charge at the Code of Conduct Tribunal (CCT), Abuja, for alleged false asset declaration.
Raji said the need to dispense with Saraki's presence pending the determination of the Motion on Notice is desirable and of utmost national importance. Stating the grounds of the application, he said: "The notice of trial and information ought to be served on the third defendant. No unsuccessful attempt was made by the complainant to effect personal service of the Information/Charge on the third defendant. Hence, pasting of the processes on the Notice Board of the National Assembly is not good service.
"No prima facie case has been disclosed against the third defendant in this charge. There is no link between the proof of evidence and the allegations made against the third defendant in the charge. "The third defendant is currently standing trial at the Code of Conduct Tribunal over alleged offences under the Code of Conduct Bureau and Tribunal Act in Charge No. CCT/ABJ/01/15 between FRN v. DR. OLUBUKOLA ABUBAKAR SARAKI.
"Accelerated hearing has been ordered for the prosecution of the said trial, in consequence of which the proceedings therein are being conducted on virtually day to day basis.
"The third defendant requires adequate time and facilities for the preparation of his defence. The prosecution of this charge concurrently with the other one being tried at the CCT will not only work great hardship against the third defendant, but will also deny him an opportunity to a fair trial."
In a supporting affidavit, Dolapo Kehinde, a lawyer in the firm of Ahmed Raji & Co, one of the firms engaged by Saraki to defend him, said Saraki's trial at the CCT has been "protracted notwithstanding the fact that accelerated hearing was ordered for the prosecution of the trial."
Raji also filed a bail application on Saraki's behalf, to be agued should he be arraigned. He is seeking, among others, that Saraki be granted bail on self-recognisance and because the charge is a bailable offence, pending hearing and determination of the charges preferred against him. No date has been fixed for hearing.
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