'Withdraw from my trial,' Senate President accuses CCT Chairman of bias
Thu Apr 21, 2016 02:45:pm Politics
2K By sosa hills
Senate President Bukola Abubakar Saraki continued his defence against the Federal Government allegations of false assets declaration Wednesday and accused the Chairman of the Code of Conduct Tribunal (CCT), Justice Danladi Umar of bias.
Saraki in an application he filed against Umar, insisted that he cannot get justice if he (Umar) continues to preside over his trial.
He urged the CCT boss to disqualify himself from further proceedings in the trial on the alleged falsification.
In the motion on notice filed by Saraki's lawyer, Mr Raphael Oluyede, it was contended that the continued presence of Umar on the panel, offended the provisions of Section 36(1) of the Constitution of the Federal Republic of Nigeria.
The constitutional provision prescribes that "In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality".
The applicant claimed that the unfolding events and the manner his trial is being conducted by Umar, there is likelihood of bias from the chairman and as such he should withdraw himself from further prosecuting him.
The motion on notice was brought pursuant to section 36(1) of the constitution of the Federal Republic of Nigeria 1999 as amended, the common law rule on likelihood of bias and the rules of natural justice.
The defendants in the motion on notice are Mr Danladi Umar and the second member of the Tribunal, Mr Agwadza Williams Atedze.
The application read in part, "An order disqualifying/recusing the Honourable Justice Danladi Umar (Chairman of this tribunal) from sitting on the panel of this tribunal for hearing and determination of the charges filed in these proceedings for the reason that his continued presence on the said panel of this tribunal offends the provisions of section 36 (1) of the constitution of the federal republic of Nigeria which prescribes that
In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality.'
"A likelihood of bias by the tribunal against the appellant... undermines and withdraws from the tribunal, the jurisdiction which it is normally endowed...."
Saraki in an application he filed against Umar, insisted that he cannot get justice if he (Umar) continues to preside over his trial.
He urged the CCT boss to disqualify himself from further proceedings in the trial on the alleged falsification.
In the motion on notice filed by Saraki's lawyer, Mr Raphael Oluyede, it was contended that the continued presence of Umar on the panel, offended the provisions of Section 36(1) of the Constitution of the Federal Republic of Nigeria.
The constitutional provision prescribes that "In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality".
The applicant claimed that the unfolding events and the manner his trial is being conducted by Umar, there is likelihood of bias from the chairman and as such he should withdraw himself from further prosecuting him.
The motion on notice was brought pursuant to section 36(1) of the constitution of the Federal Republic of Nigeria 1999 as amended, the common law rule on likelihood of bias and the rules of natural justice.
The defendants in the motion on notice are Mr Danladi Umar and the second member of the Tribunal, Mr Agwadza Williams Atedze.
The application read in part, "An order disqualifying/recusing the Honourable Justice Danladi Umar (Chairman of this tribunal) from sitting on the panel of this tribunal for hearing and determination of the charges filed in these proceedings for the reason that his continued presence on the said panel of this tribunal offends the provisions of section 36 (1) of the constitution of the federal republic of Nigeria which prescribes that
In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality.'
"A likelihood of bias by the tribunal against the appellant... undermines and withdraws from the tribunal, the jurisdiction which it is normally endowed...."
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