Bukola Saraki Won't Benefit From Code Of Conduct Act Amendment - Senate

Yesterday, Tuesday, April 19th, the Senate
clarified its position on the proposed amendment
of the Code of Conduct Bureau and Tribunal Act
as it said under no circumstances can the
amendment affect the on-going case of its
president, Bukola Saraki, before the tribunal.
In a statement by Chairman of the Committee
on Media and Public Affairs, Aliyu Sabi, the
Senate stated that many of the comments on
the proposed amendments were made by those
who have neither read the bill nor understood
the principles behind it.
Mr. Sabi said since Mr. Saraki’s case
commenced in 2015, any amendment of the law
in 2016 cannot retroactively affect an on-going
case. He added that the proposed amendment
would still take a minimum of six months given
the long process that lawmaking requires.
According to him, this process include
committee hearing, public hearing, report back
to Senate committee of the whole, the
concurrence in the House of Representatives
and, assent by the President as the final stage.
''There is no way we will even complete the
process of finally effecting the amendments
before the completion of the Saraki case. So
those who read selfish or ulterior motives to this
ordinary legislative activity are either
mischievous or ignorant of legislative
procedures,” he stated.
Mr. Sabi added that the sole aim of the
amendment was to give effect to the right to
fair hearing as enshrined in Section 36 of the
1999 constitution and the recent
pronouncements of the Supreme Court.
''The amendment only affects section 3 and
paragraph 17 of the Third Schedule of the
current law. The sub-sections in Section 3 were
re-arranged in such a way that it will reflect
elegance in legal drafting.
''Also, the proviso in Sub-section 3 (d) was
removed since it has also been removed in the
constitution. To give fair hearing to the
defendants in cases involving the bureau, sub-
sections 3 (c) was enlarged to ensure that the
person concerned was invited to state his own
case, after which the CCB can still refer the
matter to the tribunal for trial. This eliminates
the constant complaint that a defendant was not
given the opportunity to make explanation on
the inconsistencies alleged to have been found
in his Asset Declaration form. This is bringing
the law in compliance with the judicial principle
of Audi Alterem Partem (Hear from both sides to
a case before taking a decision).
''The proposed deletion of Paragraph 17 in the
Third Schedule of the law is to ensure that the
court does not assume a procedure for which
the drafters of the law and the law makers did
not intend. The Penal and Criminal Codes
mentioned in the Paragraph are no longer
relevant. The CCT was not created to be a court
with criminal jurisdiction and that is why the law
provides for the defendant to be referred to
another court if criminal issues emanates from
any matter.
''We have found this amendment necessary so
as to cure the inconsistencies and mischief
arising from the operation and interpretations of
the present law. Unfortunately, this ordinary act
of legislation has been caught in a conspiracy
theory beyond the wildest imagination of
lawmakers.'' He said.
The Senate spokesman therefore urged all
members of the public to always seek to have
full information about anything that goes on in
the Senate before making comments or seeking
to condemn the legislative institution.
He also invited all interested members of the
public to make submissions to the National
Assembly now or attend the public hearing,
which would be duly announced.