THE SENATOR SARAKI TRIAL AND AVOIDABLE COMEDY OF LEGAL ERRORS!
The ongoing Senator Saraki trial really represents a turning point in our politics and polity vis a vis the erstwhile warped perception that there are two sets of laws here- one for the rich and another for poor.
In Nigeria, the popular thinking is that the rich get bailed while the poor get jailed. It is ironic that the poor man who steals the Big man's sickly goat gets a long jail term while the Big man who steals billions of Naira belonging to the people gets a pat on the back. That was then so to speak. There seem to be a new Sheriff in town shouting on top of his voice saying- Beware One law for all!
The current trial of Senator Saraki, the Senate President and unarguably the number three citizen of our great country of over 180 million people, has thrown up a lot of surprises including legal gaffes known only to those who have elevated legal knowledge.
Politically, it is easy to explain that when two elephants fight, bruises will be recorded aside the common knowledge that the grasses suffer. What is surprising is that this high profile matter has not been resolved politically as "a family affair". Before now, such cases involving politically exposed and mega connected persons do not linger this long in the courts as the powers that be would gleefully sweep them under the carpet via one executive fiat or "order from above". The times are definitely different from the past.
Of peculiar interest here is the refrain by the Senator Saraki handlers and sympathisers that his trial is politically motivated and that the trial is selective. Otherwise, they query, why the sudden interest in the Saraki case and why is he the only one on trial amongst the legion of economic thieves, plunderers, looters and miserable offenders that populate our polity as members of the ruling political class?
Good question you may say but time does not run against the state in criminal trials. That is our organic law and nothing more pretentious.
Unfortunately, the CCT has no way of joining issues with those who believe that it is merely being used as an instrument of political witch- hunt. We do not intend to hold the brief of the CCT either but we feel compelled to restate our basc laws and cacified jurisprudence which remain incontrovertible no matter the histrionics involved and or how the highly contentious case may end. These include but are not limited to the following :
1. Senator Saraki is presumed innocent until found guilty by a court of competent jurisdiction. He is within the constitutional wicket if, as he has done, he decides to keep his high office of Senate Presidency while the trial lasts. Any suggestions to the contrary is a moral question. Need we opine that morality is at large unlike the law which is fixed and determinate?
2. As we speak, the charges against Senator Saraki, the jurisdiction, composition and modus operandi of the CCT have been validated by the various High Courts, Court of Appeal and the highest court in the land, the Supreme Court, that were approached by the Defendant at one point or the other for reprieve to no avail. What then is political about the trial? Nothing under our law!
3. There is presumption of genuineness and legitimacy of all judicial actions under the provisions of the extant Evidence Act, 2011. None of the charges on record disclose a political matter. Whether the prosecution can successfully prove all or any of them against the Defendant is a matter for judicial conclusion.
4. It is also important to underscore that our criminal jurisprudence does not recognise any head of defence known as "I am not the only one that committed the offence" or " Am I the only person involved in stealing, where are the others?".
An accused person or defendant confronted with a criminal charge is at liberty to assert his innocence and require the prosecution to prove his guilt. He who asserts must prove. An accused person is not to prove his innocence because of our system of Criminal justice which places the burden of proof on the prosecution.
However, a defendant is not entitled to plead persecution because other persons with whom he committed the alleged offence have not been charged along by the prosecution. Strictly speaking, the statement "am I the only one who did it" is tantamount to confession of guilt by the maker of such statement. It is laughable when some people ignorantly argue that the pesent Senator Saraki trial is politically motivated because "he is not the only one" who committed that type of legal infraction. This statement is inexcusable and can only serve to damnify the Senate President which believably is not what these people set out to do.
5. There is no law that the prosecution must charge all offenders to court at the same time or at all. Every case has its peculiarities and specificities although like cases should and must be treated alike. Selective justice is evil. We must forewarn that the court is neither an investigator nor a prosecutor. The courts only deal with cases filed before it although it will not allow its eyes to be unjustly blindfolded. The blames attributable to the anti-graft agencies for lethargy, shoddy investigation or lack of diligent prosecution belong squarely to them and not the courts.
6. Under the Administration of Criminal Justice Act, 2015, a new regime of procedures and methodologies have been introduced to ensure effective and speedy dispensation of justice ensuring fair hearing to the suspect, defendant, complainant and state.
Many have not seen a copy not to talk of reading this ground breaking law. How then can you cofidently follow through the proceedings or sincerely criticise the proceedings when you have failed, refused and or neglected to read this law and the paradigm shifts it injected into our criminal justice system?
As Nigerians patiently await the judicial outcome of the Saraki trial and other high profile cases, it is important that our people become conversant with our basic constitutional nuances and procedural safeguards. An empowered and knowledgeable populace is a veritable handmaid for change and rapid development. Generally, ignorance of the law is not an excuse although some choose, albeit wrongly, to clothe legal ignorance with costly arrogance.
Please be guided accordingly!
Prof Obiaraeri N.O Ph.D (Law), FHRI, FCAI, KJW
Barrister and Solicitor of the Supreme Court of Nigeria/Political Adviser to the Executive Governor of Imo State, Nigeria.
