The motion filed by Senate President Bukola Saraki's Cancels asking the Chairman of Code of Conduct Tribuna Chairman, Danladi Umar to disqualify elf from the trial has been thrown out by the tribunal, just like other suits earlier filed by the embattled President of the Senate.
Justice Danladi Umar throws out application asking him to disqualify himself for lack of merit.
Below is the tribunal proceeding where the motion was thrown out by Justice Umar
Rotimi Jacobs rises for the prosecution
Prosecution takes his seat and Paul Usoro rises. Says Ajibola Oluyede will speak
Umar: this motion was dated 19/4/2016. Application says the Chairman of the CCT should remove himself from the trial of Saraki
Justice Umar is reading out submissions presented by Oluyede on d application he filed asking CCT Chairman 2 disqualify himself
Umar is reading out his ruling on the self disqualification application filed by Saraki's lawyer, Ajibola Oluyede
Justice Umar is still reading out the submissions by both Rotimi Jacobs and Oluyede on his self disqualification application
Umar: the tribunal having analysed submissions across parties and concluding that this is a situation where the applicant is challenging the competence of the Chairman
Umar: the question to ask here is: does the Attorney-General have powers to investigate? The answer is no!
Umar: is the Chairman of the CCT undergoing trial by the EFCC? No!
Umar: the discretion of who , how, when and how to prosecute lies with the Attorney-General
Umar: only a body instituted by law and vested with the power to investigate says there is a case against a person
Umar: only then does the Attorney-General have the power to investigate
Umar: only then does the Attorney-General have the power to prosecute
Umar: the letter written to the Attorney-General giving directive for prosecution was an interim report
Umar: thereafter EFCC continued with investigation. At the conclusion of their investigation,
Umar: the EFCC said the matters raises against the Chairman of the CCT were mere suspicions
Umar: it is clear that he who alleges, must prove. In this case, the petitioner couldn't prove that Justice Umar
Umar: called him asking for bribe. It was on this premise that the EFCC said there is no sufficient evidence against Umar
Umar: it should be noted that the EFCC isn't answerable to the Attorney-General of the Federation
Umar: it is only when sufficient evidence has been provided that the EFCC can prosecute a case thru its prosecuting counsels
Umar: the EFCC has the power to say that the person they investigated has no case to answer and to issue letter of clearance
Umar: which is what happened in this matter
Umar: the current Attorney-General of the Federation says that it can't prosecute the case against the Chairman of the CCT
Umar: by virtue of the letter by the EFCC stating lack of sufficient evidence against the CCT Chairman
Umar: finally, it is to be noted that the EFCC letter of March 2016 supersedes the letter of June 2014
Umar: and is therefore dismissed in its entirety