Thursday 12 November 2015

Supreme Court Suspends Saraki’s Trial At CCT

The Supreme Court this morning halted further proceedings in the trial
of Senate President Bukola Saraki at the Code of Conduct Tribunal
pending the determination of the appeal filed before the court.

Justice John Fabiyi leading a five-man panel of the court made the
order today, after the Federal Government's counsel, Mr. Rotimi Jacobs
(SAN), had asked the court to give an undertaking that Saraki's main
appeal would be given an accelerated hearing.

Saraki's lead counsel, Mr. Joseph Daudu (SAN), had argued his client's
motion for stay of the CCT's proceedings.

In a unanimous decision read by Justice Fabiyi, the apex court ordered
the tribunal "to tarry awhile."

He ordered Jacobs to file his respondents' brief in response to
Saraki's appellant's brief served on him in court on Thursday within
seven days.

The Supreme Court also ordered Daudu to file further response to
Jacobs' brief, if he so desired ‎within seven days thereafter.

Justice Fabiyi said the date for the hearing of the appeal would be
communicated to parties in due course.

The trial began 22 September and was last heard 5 November. Further
hearing scheduled for 19 November, will no longer hold with today's
ruling.

The Senate president's earlier appeal had on 30 October been dismissed
at the Court of Appeal, in a split decision of 2-1 by the judges.

Justice Moore Agumanen, who read the majority verdict upheld the trial
at the Code of Conduct Tribunal.

The judges said the tribunal was properly constituted and that the
tribunal led by Danladi Umar could sit with the chairman and one other
member.

Agumanen said they relied on section 28 of the Interpretation Act to
reach the decision.

He said the Code of Conduct Tribunal and Code of Conduct Bureau Act
and the constitution did not talk about a quorum.

In a further blow to the Senate President, the majority judges said
the CCT has criminal jurisdiction, though limited.

The judges also ruled that the Code of Conduct Tribunal has powers to
issue a bench warrant.

The dissenting third judge, Justice Joseph Ekanem however ruled that
Saraki's appeal had merit.

-PMNews

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