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Alleged False Asset Declaration: Saraki Goes to Supreme Court

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Alleged False Asset Declaration Saraki Goes to Supreme Court
Alleged False Asset Declaration Saraki Goes to Supreme Court
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Alleged False Asset Declaration: Saraki Goes to Supreme Court

By Editor

The Senate President  Bukola Saraki has taken his case to the Supreme Court to stop the Code of Conduct Tribunal (CCT) proceedings against him.

  He asked the court to overturn the October 30, 2015 judgment of the Court of Appeal in Abuja, which upheld the criminal charges filed against him. He also urged the Supreme Court to halt the tribunal’s proceedings while his appeal is pending.   Through his lawyer, J.B. Daudu (SAN), Saraki requested an order stopping the CCT from hearing Charge No: CCT/ABJ/01/2015 on November 5 and 6, 2015 until the Supreme Court rules on his appeal.   He wants the apex court to nullify the Court of Appeal decision, the CCT proceedings and the charges filed by the Federal Government. He argued that the appellate court, led by Justice Moore Adumein, erred in law by affirming the CCT’s competence even though only two members sat instead of the three required under Paragraph 15(1) of the Fifth Schedule to the 1999 Constitution.   Saraki also rejected the court’s majority ruling, which claimed there was a lacuna in the quorum requirement. He said using the Interpretation Act to validate a two-member panel undermines the constitutional provision for proper composition of the CCT.   He disagreed with the ruling that classified the CCT as a court of limited criminal jurisdiction and validated the charges filed by Deputy Director M.S. Hassan in the absence of a substantive Attorney-General of the Federation.   Saraki further argued that the court erred by ruling that he had been properly served when his legal team had only filed a conditional appearance before the bench warrant was issued. He added that the court failed to acknowledge that the tribunal ignored an order from the Federal High Court in Abuja to show cause before proceeding against him.   He also faulted the decision claiming that the Administration of Criminal Justice Act 2015 applied to the tribunal’s proceedings.   In a split decision, Justices Adumein and Mohammed Mustapha dismissed his appeal and ordered him to appear before the CCT for trial, while Justice Joseph Ekanem declared the 13-count charge incompetent and freed him.         Also Read: China and Egypt Strengthen Ties 

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