Saraki loses bid to stop trial at Conduct

•Appeal Court says his case lacks merit
•Senate President may go to Supreme Court
Senate President, Bukola Saraki, yesterday lost his bid to stop his trial before the Code of Conduct Tribunal (CCT).
The Court of Appeal in Abuja dismissed the Senate President’s appeal challenging the tribunal’s jurisdiction over his trial.
He is standing trial on a 13-count charge of false asset declaration before the CCT).
In a split decision of two-to-one, the appellate court held yesterday that Saraki’s appeal lacked merit.
Justices Moore Adumein (presiding) and Mohammed Mustapha resolved the six issues raised in the appeal in favour of the respondents while Justice Joseph Ekanem dissented on the issue of whether an official of the Federal Ministry of Justice was competent to endorse a charge in the absence of the Attorney General of the Federation (AGF).
While Justices Adumein (who read the lead judgment) and Mustapha dismissed the appeal, Justice Ekanem, in his dissenting judgment, upheld the appeal and quashed the Senate President’s trial before the CCT.
Since, by the tradition of the court, the majority decision forms its judgment, it implies that the position held by Justices Adumein and Mustapha forms the court’s judgment in Saraki’s appeal.
By the appellate court’s decision yesterday, Saraki’s trial will now proceed before the CCT on the next adjourned date of November 5.
The CCT had delayed proceedings to await the outcome of Saraki’s appeal.
Saraki had contended in his appeal that the charge against him was not personally served on him; that the tribunal was not validly constituted because two of its three members currently sit; and that the absence of a substantive Attorney-General of the Federation (AGF) had rendered the charges incompetent.
He also argued that the CCT lacked criminal jurisdiction, was not a court recognised by the Constitution, and that it lacked the coercive power to order anybody’s arrest.
Justice Adumein, in the lead judgment, rejected all the arguments advanced by Saraki, including his contention that the CCT, being an inferior body to the Federal High Court, ought not to have proceeded with his trial despite an order by the court.
He held that Saraki’s complaint about not being personally served with the charge “was of no moment, having appeared and taken his plea before the tribunal.”
“On September 21, his counsel also appeared before the tribunal and made series of applications without raising the issue of non-service,” Justice Adumein said.
On whether two of the three members of CCT could form a quorum, Justice Adumein, though noted that there was a “lacuna” in the laws, held that “the Interpretation Act has becomes a helpful piece of legislation” by providing that a member of the tribunal and its Chairman could validly sit and conduct proceedings.

For the full story, check The Nation newspaper.