Judge withholds judgment in Saraki’s suit

Justice Abdul Kafarayi of the Federal High Court, Abuja on Tuesday  withheld his scheduled judgment in a fundamental rights enforcement suit by Senate President, Bukola Saraki.

 

The suit is one of many moves by Saraki to stall his trial on charges of false assets declaration before the Code of Conduct Tribunal.

 

Saraki, in the suit filed through one of his lawyers, Ajibola Oluyede, urged the court to, among others, quash the charge before the CCT and restrain the tribunal, the Economic and Financial Crimes Commission (EFCC) and other respondents in the suit from further arresting or prosecution him on the issue of false assets declaration.

 

On March 1, Justice Kafarati fixed judgment for Tuesday after entertaining arguments from parties, who also adopted their final written addresses.

 

At the resumption of court’s businesses at 9am Tuesday, the court’s registrar informed lawyers in the case, including Saraki’s supporters, who arrived the court early, that the judgment has been fixed for 1pm.

 

They all waited patiently, but when the judge arrived a little over 1pm, he stunned all when he announced his decision not to deliver judgment, but to withdraw from the case.

 

He hinged his decision on some reports by on-line media, including Sahara Reporters and Naij.com, which he said portrayed him in bad light.

 

He said, by the impression created in the reports, suggesting that he had been compromised, it would be wrong for him to proceed and render any decision in the case.

 

Justice Kafarati said: “The two publications made allegations against my person, alleging that I have been compromised with N2bn.

 

“They also alleged that I am known in the legal cycle for being susceptible to corruption.

 

“What this has done is to put my integrity to question. I however regard the publishers as people of unsound mind.

 

“They know that what they said is not true. They just derive ‎pleasure when they malign the integrity of a judicial office.

 

“It is unfortunate that we don’t have the appropriate laws to take care of this.

 

“As it stands, I am caught between two devils, if the ‎judgment goes in favour of Saraki now they will say that I have been compromised, on the other hand, if it goes against him, they will say I have been intimidated.

 

“In the light of the allegation, I believe the right and appropriate thing to do is to disqualify myself and return the case-file to the Chief Judge for re-assignment to another Judge,” Justice Kafarati said.

 

Shortly after the judge’s decision, Oluyede and a respondent lawyer in the case, Adebisi Adeniyi engaged briefly in hot verbal exchanges over Oluyede’s suggestion that the EFCC was behind the reports.

 

The judge intervened and told them he had made up his mind on the issue, following which Adeniyi noted that it was improper for Oluyede to make such “spurious allegation” without proof.

 

 Responding, Oluyede said althoigh the judge has taken the right steps, it was unfortunate that the applicant is the one to suffer.

 

“It is equally bad that the EFCC has gone to this level. We know that it is behind the publications. This was not correct.

 

“It is worrisome that this practice, of using the media, particularly Sahara reporters to malign judges into abdicating from matters is dangerous. It amounts to attacks on the rule of law and our democracy.

 

“There should be an investigation as to the source of the Sahara Reporters’ story and appropriate sanctions against culprits no matter how highly placed.

 

“On our part, we shall commence criminal contempt proceedings against the now known proprietors of Sahara Reporters and ensure they are deterred from this criminal use of their online medium,” Oluyede said.