Saraki: Prosecution or Persecution? -By Zakari Kafin Hausa

Ordinarily, one will assume that Senator Abubakar Bukola Saraki is in a difficult situation, running from pillar to post – or, jumping from one court to another – to prove his innocence in the ongoing trial at the Code of Conduct Tribunal.

APC’s political naivety was majorly manifest in its failure to learn a lesson or two from PDP in the art of imposition. It hardly comes to fruition, or lasts, without the support of the legislature.

When Aminu Waziri Tambuwal emerged the Speaker of the House of Representatives in 2011 against the wishes of the PDP powerbrokers, the party understood the perils of forcefully removing him from office, and then let him be. That was political acumen. The implication at that time was that the executive might not enjoy a cordial relationship with the legislature had it forcefully removed Tambuwal. And again, the party’s favorite candidate, Mulikat Adeola Akande, might not also get elected.
In the first place, APC goofed big time by supporting Senator Ahmed Lawan against Senator George Akume, who was almost the natural successor to the seat, being the Minority Leader of the Senate in the Sixth Assembly.

But Saraki is not new to litigation or persecution. In the heat of the 2015 general elections, when the electoral fortunes of the APC became manifest, the then ruling party, PDP, did all it could to scuttle the presidential ambition of Muhammadu Buhari. I learnt on good authority that from cases roping terrorism to the neck of Buhari, to charges of a “missing” school leaving certificate and failure to fill the INEC form correctly, this same Saraki hired lawyers to defend Muhammadu Buhari during the campaign. It is also a fact that Saraki sponsored at least nine (yes, NINE) cases to defend Buhari against the political hatchet men who tried to scuttle his bid to contest in the last presidential election.

I’m not writing to defend Saraki, as I have no link or alliance with him, but I am writing to criticise selective judgement, outright witch-hunt and downright persecution. In our congenital selective amnesia, as Nigerians are wont to be, we’ve forgotten when we were hailing him while using his “stolen money” to fund Buhari’s presidential ambition. Why are people now taunting Saraki for trying to seek justice? Why the media trial, conviction – and even execution? Why the humiliation? Why the selective fight against “corruption”, while the judge himself is enmeshed in corruption? Why didn’t people label Bola Tinubu a thief when he faced similar charges at the CCT? Why were we quick to define Tinubu’s case as a witch-hunt by the Jonathan administration but see this with different eyes? Saraki’s crime is clear: Becoming a Senate president against the wishes of the Presidency and a certain party apparatchik.

Legal luminaries have faulted both the composition of the tribunal and its jurisdiction. It is a fact that the Code of Conduct Tribunal is not listed under Section 6(5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) as a court. It therefore has no power or jurisdiction to try, convict or impose punishment on persons for a criminal offence. Pundits have argued further that the decision of the Supreme Court attributing such jurisdiction to it – as deriving from the constitution – is null and void under sections 1(3), 6 and 36 (13) of the constitution. This is however a different topic as Saraki is doing what is required of him to do regarding the trial.

Political sadism is ripe in this country. While we watch Saraki suffer with glee today, his persecutors and their cheerleaders may be the ones in the dock tomorrow. You can never hold public office in Nigeria presently and come out with a clean sheet when your books are carefully scrutinised.

One fact the Saraki persecutors and prosecutors forget is that the more Saraki sneezes, the more APC as a party catches cold. What message is the party sending to potential entrants? The answer is: This is how we pay back a person who worked for the success of our party!

You think the Buhari administration is setting an example on the war against corruption by trying the country’s No. 3 man, who was also elected on the ruling party’s platform? No. Is Saraki the only corrupt government official? Do you believe the social media narrative that the Senate president is most corrupt person on the Nigerian soil today? Even in the inner cabinet of the president, there are some ministers who symbolise corruption more than Saraki. We know a certain minister had to change her name to cloak her corrupt past.

I honestly see things differently. I see APC, the party that brought Saraki, in dire straits more than Saraki himself. The greatest enemy of APC is the one who sacrifices the future prospects of the party in order to massage his vengeful ego. Removing Saraki as the Senate president may appear easy but the consequences of his removal could be the biggest mistake that will bring the downfall of the party. Saraki wouldn’t be the only loser but his tormentors as well. When a ship sinks, it is not only a passenger that is affected but the captain himself.

For APC, it will be a painful postmortem as the leadership of the Senate will certainly be taken over by the opposition PDP. It will no longer be business as usual when Buhari sends a minister or head of a commission for screening. There will no longer be an easy ride. Think of how a PDP leadership in the Senate would shred the scandalous 2016 budget to smithereens or how ministerial nominees would be grilled, scrutinised and rejected if PDP were in charge.

The trial of the Senate president for an “offence” he allegedly committed 12 years ago smacks of a witch-hunt and vendetta. It is, therefore, more of persecution than prosecution.

Zakari Kafin Hausa, a public affairs commentator, writes from Kafin Hausa in Jigawa State.