CCT Trial: Saraki Takes Battle to Supreme Court...See Details

Posted by Lolade on Wed 04th Nov, 2015 - tori.ng

The Senate President who was unsatisfied with the judgement of the Abuja Court of Appeal over his false asset declaration trial by the Code of Conduct Tribunal, has taken his case to the Supreme Court.

Bukola Saraki has formally filed an appeal at the Supreme Court over the ruling of the Abuja Court of Appeal, which last week dismissed his application seeking to stop his trial before the Code of Conduct Tribunal (CCT).

The Senate leader in the latest appeal is seeking a stay of proceedings, praying the supreme court to halt the proceedings of the CCT to try him for the alleged offences.

Saraki, through his lead counsel, Joseph Daudu (SAN), had in his notice of appeal attached to the application for stay of proceedings raised a seven-point grounds upon which the Supreme Court, should set aside the judgment of the appellate court, and as well as the charges preferred against him by the CCT.

Part of the appeal read: “An order staying further proceedings in Charge No: CCT/ABJ/01/2015 between Federal Republic of Nigeria vs Dr. Olubukola Abubakar Saraki fixed for hearing on November 5 and 6, 2015 pending the determination of the appeal pending before the Supreme Court against the judgment of the Court of Appeal dated October 30, 2015.”

He argued in the appeal that the appellate court erred in law when it affirmed the competence of the proceedings of the CCT, which sat on the said case with only two members as against the three provided for in the provisions of Paragraph 15(1) of the Fifth Schedule to the 1999 Constitution.

The Senate President noted that the application of the Interpretation Act to hold that two out of three members of the tribunal could validly sit “is to circumvent and reduce the number prescribed by the constitution for the due composition of the CCT.”

Saraki also faulted the majority decision of the Appeal Court where it held that the CCT was a court of limited criminal jurisdiction and that the charges were validly initiated in the absence of the Attorney-General of the Federation.