TGM2015:
Please, do you even know the process of asset declaration by CCB. Because it was once on the news on Buhari/Osinbajo assets declaration that they need their presence to clarify some issues before admitting it to be final document.

Before, the Asset Declaration form is finally file and becomes legal documents the public officer and the CCB officials will have agreed on the worth and presence of the assets.

Maybe you will need to check the allegations again. He declared an asset that he bought many years later, meaning he over declared his assets and the document tendered as evidence of ownership as at the time of declaration must have been forged. He also do not declare some assets and accounts running to billion of naira in both naira and hard currencies. I knew no matter how rich you are, you actually will not forget how many active accounts you are running.

It was in the beam light of current political power struggle of who has control of what that led to those who are against him to furnish the CCB with evidence against his past records. Also we should remember he must have submitted another asset declaration form recently, which must have been checked against the previous ones he declared. Thus, if there is discrepancies or grey areas in term of the total worth or backup evidence/documents, the CCB investigate and obtain independent evidence to support or against the claims.

Though the current case against Saraki left, right and center might have been influenced because of the political struggle but we should also remember that the current activities of these anti graft are a normal course of action because they feels that the current administration will give them free hands to perform their Constitutional duties without interference unlike PDP led government that tactical dismiss Ribadu from EFCC when he bend on prosecuting all government with evidence of corruption 100% of which are Ex PDP governors and Sanusi when he bend in exposing the level of no remittance of crude oil proceed to the national coffer. Imagine an agency that collect tax on crude oil remitting times three of what the crude oil seller(NNPC) is remitting.

It is only a witch that will think he is being hunted. If though doest good. ... ... (a word to Cain by God when killed his brother Abel)

TGM2015:
Please, do you even know the process of asset declaration by CCB. Because it was once on the news on Buhari/Osinbajo assets declaration that they need their presence to clarify some issues before admitting it to be final document.

Before, the Asset Declaration form is finally file and becomes legal documents the public officer and the CCB officials will have agreed on the worth and presence of the assets.

Maybe you will need to check the allegations again. He declared an asset that he bought many years later, meaning he over declared his assets and the document tendered as evidence of ownership as at the time of declaration must have been forged. He also do not declare some assets and accounts running to billion of naira in both naira and hard currencies. I knew no matter how rich you are, you actually will not forget how many active accounts you are running.

It was in the beam light of current political power struggle of who has control of what that led to those who are against him to furnish the CCB with evidence against his past records. Also we should remember he must have submitted another asset declaration form recently, which must have been checked against the previous ones he declared. Thus, if there is discrepancies or grey areas in term of the total worth or backup evidence/documents, the CCB investigate and obtain independent evidence to support or against the claims.

Though the current case against Saraki left, right and center might have been influenced because of the political struggle but we should also remember that the current activities of these anti graft are a normal course of action because they feels that the current administration will give them free hands to perform their Constitutional duties without interference unlike PDP led government that tactical dismiss Ribadu from EFCC when he bend on prosecuting all government with evidence of corruption 100% of which are Ex PDP governors and Sanusi when he bend in exposing the level of no remittance of crude oil proceed to the national coffer. Imagine an agency that collect tax on crude oil remitting times three of what the crude oil seller(NNPC) is remitting.

It is only a witch that will think he is being hunted. If though doest good. ... ... (a word to Cain by God when killed his brother Abel)

seunmsg:
So let's assume your submission is 100% correct, don't you think the best thing for Saraki to do is to appear first before the CCT, argue his case that there was a procedural error in the process leading to his arraignment and ask the CCT chairman to dismiss the case. Why is he trying to use the FHC to stop the CCT from hearing the case when he can easily appeal the decision of the CCT at the FCA if it refused to dismiss the case?

superstar1:
Do you even know what you are talking about?

What exactly do you think is CCB grudges against Saraki?

Start from there. That will show whether you understand the matter or not.

If you are Saraki's lawyer, then be rest assured he will be sentenced to 201years of hard labour in Kirikiri.

ibedun:
For Saraki to survive he must be completely exonerated. Scaling through on technicalities (defective procedures) will not remove the essence of the case and public perception of it - which is corruption and criminality.

The moral burden is weightly and there is no other option but to remove and jail the follow.

blaksmith:


I believe I know what i am talking about otherwise I will not have made my submissions in such plain terms based on the provisions of the Code of Conduct Bureau and Tribunal Act.

Even if I start from the 'grudges' the CCB has against Saraki, I cannot proceed anywhere (the Tribunal) if the procedure stipulated in the Act is not followed. That is the entire point...CCB and CCT disregarded the process their Act stipulated for them to follow. On that ground, the case against Saraki is flawed.

blaksmith:

I know the process of Asset Declaration. I have read the Code of Conduct Bureau and Tribunal Act. You have missed the entire point of my submission. In simpler terms, this is the process:
1. Declaration of Asset via the prescribed Form
2. CCB receives Form and begins process of verification
3. If during verification the CCB discovers any anomaly, or what may be a breach of the provisions of the Act, with respect to the contents of the Asset form, they must contact the Public Officer in question bringing it to his attention and giving him the opportunity to either deny or admit in writing that there is an anomaly in his form that constitutes a breach.
4.If he admits in writing, the matter ends at the CCB as the public officer will be required to correct the error/breach. It cannot/would not/should not be referred to the Tribunal because there is a written admission of the error/breach and such error/breach has been corrected.
5. If he denies in writing, the CCB may then refer the matter to the Tribunal for further investigation. Where the Tribunal has evidence supporting that a breach occurred, it will then issue a summons for the public officer (now an accused person) to appear before it. Attached to the Summons will be copies of the evidence proving the breach. This is also to enable the accused public officer prepare sufficiently, his defence.
The entirety of points 3, 4 and 5 are to protect the fundamental right to fair hearing.
I am glad you made reference to Buhari/Osinbajo being contacted to clarify some issues. Might I add that the CCB did embark on verification of Senator Saraki's 2003 and 2007 declarations. They however never contacted him that they identified an issue with his declarations...then suddenly 8-12 years later he is being charged to the Tribunal on charges pertaining to declarations that were verified previously. If suddenly they had problems with declarations they had initially verified, then they should have requested him to come in person to clarify...
I hope you understand this simpler breakdown.

ayindejimmy:


Saraki swore under oath that the information in the document is the truth.
Now, if the CCB uncover the contrary, should it still be oblige to call his attention to the obscurity?
Bearing in mind that Saraki had sworn to the authenticity of the information provided.




I just need to be enlightened in this area

adaweezy:

very very weak premise
So the nigerian law creates a statute of limitation that bars saraki from being investigated ?
besides Saraki has 13 charges against him not just 1-4 charges ..................

blaksmith:


I believe I know what i am talking about otherwise I will not have made my submissions in such plain terms based on the provisions of the Code of Conduct Bureau and Tribunal Act.

Even if I start from the 'grudges' the CCB has against Saraki, I cannot proceed anywhere (the Tribunal) if the procedure stipulated in the Act is not followed. That is the entire point...CCB and CCT disregarded the process their Act stipulated for them to follow. On that ground, the case against Saraki is flawed.

blaksmith:


I know the process of Asset Declaration. I have read the Code of Conduct Bureau and Tribunal Act. You have missed the entire point of my submission. In simpler terms, this is the process:
1. Declaration of Asset via the prescribed Form
2. CCB receives Form and begins process of verification
3. If during verification the CCB discovers any anomaly, or what may be a breach of the provisions of the Act, with respect to the contents of the Asset form, they must contact the Public Officer in question bringing it to his attention and giving him the opportunity to either deny or admit in writing that there is an anomaly in his form that constitutes a breach.
4.If he admits in writing, the matter ends at the CCB as the public officer will be required to correct the error/breach. It cannot/would not/should not be referred to the Tribunal because there is a written admission of the error/breach and such error/breach has been corrected.
5. If he denies in writing, the CCB may then refer the matter to the Tribunal for further investigation. Where the Tribunal has evidence supporting that a breach occurred, it will then issue a summons for the public officer (now an accused person) to appear before it. Attached to the Summons will be copies of the evidence proving the breach. This is also to enable the accused public officer prepare sufficiently, his defence.

The entirety of points 3, 4 and 5 are to protect the fundamental right to fair hearing.

I am glad you made reference to Buhari/Osinbajo being contacted to clarify some issues. Might I add that the CCB did embark on verification of Senator Saraki's 2003 and 2007 declarations. They however never contacted him that they identified an issue with his declarations...then suddenly 8-12 years later he is being charged to the Tribunal on charges pertaining to declarations that were verified previously. If suddenly they had problems with declarations they had initially verified, then they should have requested him to come in person to clarify...

I hope you understand this simpler breakdown.

blaksmith:


I know the process of Asset Declaration. I have read the Code of Conduct Bureau and Tribunal Act. You have missed the entire point of my submission. In simpler terms, this is the process:
1. Declaration of Asset via the prescribed Form
2. CCB receives Form and begins process of verification
3. If during verification the CCB discovers any anomaly, or what may be a breach of the provisions of the Act, with respect to the contents of the Asset form, they must contact the Public Officer in question bringing it to his attention and giving him the opportunity to either deny or admit in writing that there is an anomaly in his form that constitutes a breach.
4.If he admits in writing, the matter ends at the CCB as the public officer will be required to correct the error/breach. It cannot/would not/should not be referred to the Tribunal because there is a written admission of the error/breach and such error/breach has been corrected.
5. If he denies in writing, the CCB may then refer the matter to the Tribunal for further investigation. Where the Tribunal has evidence supporting that a breach occurred, it will then issue a summons for the public officer (now an accused person) to appear before it. Attached to the Summons will be copies of the evidence proving the breach. This is also to enable the accused public officer prepare sufficiently, his defence.

The entirety of points 3, 4 and 5 are to protect the fundamental right to fair hearing.

I am glad you made reference to Buhari/Osinbajo being contacted to clarify some issues. Might I add that the CCB did embark on verification of Senator Saraki's 2003 and 2007 declarations. They however never contacted him that they identified an issue with his declarations...then suddenly 8-12 years later he is being charged to the Tribunal on charges pertaining to declarations that were verified previously. If suddenly they had problems with declarations they had initially verified, then they should have requested him to come in person to clarify...

I hope you understand this simpler breakdown.

spenca:
You have come to give krech deductions , before you draw your conclusion in this half baked analysis why don't you state the "precedents" that ought to be followed and where they have erred rather than concluded on illusionary premises

wirinet:


You lawyers sometimes do more harm to your clients than good. Why would a lawyer advice his client not to appear in court to clear his name but instead attempt to stop a trial using another court?

You are obviously missing the crux of the allegations against Senator Saraki, he was not being investigated for an ongoing asset declaration process, he is being accused of declaring wrong assets using forged documents and false information. In effect he is being accused of deceit, forgery and perjury. What you are describing is discrepancies in the asset declaration form during verification by CCB.

paabakp:
Blacksmith, nice write up.
my questions are,

Was Saraki notified about the discrepancies?

Is there any stipulated time for response to any CCB allegation?

If he was notified and he refuses to respond to CCB what is the next move?

Did Saraki not go air to deny all CCB allegations?

Is that admissible in court?

Answers to your questions

1. No he was not notified of the alleged discrepancies. In fact, he only became aware of the charges against me on the internet and he was not served the processes until a day before the Tribunal date.
2. There is no specific time period within which to respond to CCB request for clarifications. However it is expected that the CCB itself will state a reasonable time period within which the public officer should respond
3. If the public officer refuses to respond, then the CCB may refer the matter to the Tribunal
4. Saraki, through his media team i believe, denied the charges
5. Admissibility of evidence is a not a straightforward thing in law I will admit. So i will rather not give an answer on this question

blaksmith:

(d) receive complaints about non‐compliance with or breach of this Act and where the Bureau considers  it necessary to do so, refer such complaints to the Code of Conduct Tribunal established by section 20 of  this Act in accordance with the provisions of sections 20 to 25 of this Act:  

Provided that where the person concerned makes a written admission of such breach or noncompliance, no reference to the 
Tribunal shall be necessary