Appeal Court Rejects Saraki’s Appeal

SarakiThe Court of Appeal in Abuja has struck out the application filed by the Senate President, Senator Bukola Saraki, seeking to set aside the order for his arrest issued by the Code Of Conduct Tribunal.

Delivering a ruling after hearing the arguments by Senator Saraki’s counsel, Mr Adebayo Adelodun, SAN, Justice Morrie Adumein said that it is not in the habit of the court to interfere in the ‎proceeding of a lower court when the other parties have not been heard.

Justice Adumein then rejected the application, saying that it would be better to serve the interest of justice by putting the respondents on notice.

The motion on notice has been adjourned to Tuesday, September 29, 2015 for proof of service and hearing.

 

Agbakoba Urges Chief Justice To Clarify Code Of Conduct Tribunal’s Power

olisa agbakoba on code of conduct ribunalThe Former President of the Nigerian Bar Association, Mr Olisa Agbakoba, has called on the Chief Justice of Nigeria, Mahmoud Mohammed, to clarify the powers of the Code of Conduct Tribunal.

According to him, the clarification has become important in the light of the controversy that the trial of Senate President, Dr. Bukola Saraki, over alleged false declaration of assets, has continued to generate.

“If a person has not declared his asset, there is a procedure to follow. So, Senator Saraki’s case is that the process by which he has been brought before the CCT is wrong and he has approached the Federal High Court to have the issues reviewed.

“The other argument is that if you feel there is a problem in the way in which we have charged you before the CCT, come before the CCT and say so.

“If the CCT were to take a decision on the merit of the case before it, the channel of grievance for Senator Saraki will be the Court of Appeal.

“The CCT has not started proceedings and the case the Senate President is making is that the manner in which the attendance officers laid the charge before the CCT is irregular”, he stated.

Mr Agbakoba was the guest of Channels Television’s breakfast programme, Sunrise Daily, on Monday, September 21.

 

CCT Order: Saraki Approaches Court Of Appeal

Bukola-Saraki-Nigeria-Senate-PresidentThe Senate President, Bukola Saraki, has approached the Court of Appeal to compel the Code of Conduct Tribunal to stay action on an order it made on Friday last week for his arrest.

Dr. Saraki’s lawyers have approached the Court of Appeal seeking a stay of execution of the arrest warrant.

The Senate President’s Media Adviser, Yusuph Olaniyonu, said that the processes were filed this morning and have been served on the Code of Conduct Tribunal.

On Friday, the prosecution counsel, Muslim Hassan, asked the tribunal to order Mr. Saraki’s arrest for failing to appear before it, arguing that the High Court had parallel jurisdiction with the tribunal and as such, had no powers to halt a trial of the tribunal.

Saraki’s lawyer, Joseph Daudu, however, prayed the tribunal to adjourn the case until after the Federal High Court sitting on Monday.

But the Tribunal Chairman granted the prayer of the prosecutor.

50 Senators Meet Over Saraki’s Case

sarakiAbout 50 Senators on Sunday met at a private office in Abuja to deliberate the Code of Conduct Bureau (CCB) trial of the Senate President Bukola Saraki.

The Senators who insist they are in support of the anti-corruption war of the President, however accused the Presidency of instigating the CCB against the Senate President.

Senator Saraki was not part of the meeting, but after exhaustive deliberation, the Senators agreed to defend the Senate as an institution and its leadership.

Some of the Senators who attended the meeting include Senator Samuel Anyawu – PDP Imo East, Senator Dino Melaye – APC Kogi West, Senator Binta Garbamasi – APC Adamawa North and Senator Hope Uzodinma – PDP Imo West.

 

 

Saraki Appeals Code of Conduct Tribunal Ruling

Bukola-Saraki-Nigeria-Senate-PresidentThe Senate President, Senator Bukola Saraki, has filed an appeal challenging the ruling of the Code of Conduct Tribunal which ordered the Inspector-General of Police, Mr Solomon Arase, to arrest and produce him before the tribunal on Monday, September 21.

In his ground of appeal, Senator Saraki through his counsel, Joseph Daudu, submitted that the tribunal erred in law and also acted without jurisdiction‎ by assuming jurisdiction over the criminal trial of the appellant at the Code of Conduct Tribunal for a charge which is being challenged at the Federal High Court.

Senator Saraki, in his appeal, stated that as at the time the tribunal overruled the appellant’s application to discharge the order for bench warrant for his arrest by the respondent, there was an order of the Federal High Court which was served on the tribunal.

He further submitted that the appellant filed an application‎ dated September 17, challenging the jurisdiction of the tribunal to adjudicate on the charge brought before it.

The Senate President also submitted that it was trite that when an accused files an application challenging the jurisdiction of a court/tribunal to adjudicate on a charge brought before it, the accused need not be in court.

The appellant therefore asked the Court of Appeal to set aside the order of the Code of Conduct Tribunal.

The Code of Conduct Tribunal had earlier ordered the arrest of the Senate President for failing to appear before the Tribunal to answer charges of alleged false declaration while he served as Governor of Kwara State between 2003 and 2007.

Delivering a ruling on the suit filed by the Code of Conduct Bureau, Chairman of the Tribunal, Justice Danladi Umar ordered the Inspector-General of Police to produce the Senate President on Monday, September 21, which is the next adjourned date.

The Tribunal held that no court of coordinate jurisdiction can restrain the Tribunal from performing its constitutional duties.

Alleged False Asset Declaration: Tribunal Orders Saraki’s Arrest

SarakiThe Code of Conduct Tribunal has ordered the arrest of the Senate President, Senator Bukola Saraki for failing to appear before the Tribunal to answer charges of alleged false declaration while he served as Governor of Kwara State between 2003 and 2007.

Delivering a ruling on the suit filed by the Code of Conduct Bureau, Chairman of the Tribunal, Justice Danladi Umar ordered the Inspector-General of Police, Mr Solomon Arase, to produce the Senate President on Monday, September 21, which is the next adjourned date.

The Tribunal held that no court of coordinate jurisdiction can restrain the Tribunal from performing its constitutional duties.

The Tribunal further held that the Senate President Saraki was duly served with the hearing notice and cannot claim ignorance of the suit before the tribunal.

Lawyer to the Senate President, Mr Joseph Daudu, SAN had challenged the hearing of the suit, saying the prosecutor, Mr Mohammed Hassan lacks the locus standi to institute d action in d absence of an Attorney-General of the Federation.

Mr Hassan, who is a counsel in the office of the A.G.F. however disagreed, saying any officer in the office of the AGF can institute a criminal proceeding in the absence of an AGF.

Saraki’s False Asset Declaration Suit Commences

SarakiThe Senate President’s trial for alleged false declaration of his assets when he was Governor of Kwara State has begun at the Code of Conduct Tribunal in Abuja.

The Deputy Director in the office of the Attorney-General of the Federation, M.S.Hassan, filed the charges against Dr. Bukola Saraki on September 11.

The Senate President is facing 13 counts at the CCT.

Lawyer to the Senate President, Sen. Bukola Saraki, Mr Joseph Daudu, SAN is challenging the hearing of the suit at the Code of Conduct Tribunal, saying the prosecutor, Mr Mohammed Hassan lacks the locus standi to institute d action in d absence of an Attorney-General of the Federation.

Mr Hassan, a counsel in the office of the A.G.F. disagrees, saying any officer in the office of the AGF can institute a criminal proceeding in the absence of an AGF.

Alleged False Asset Declaration: Court Halts Saraki’s Trial

Bukola-Saraki-Nigeria-Senate-PresidentA Federal High Court sitting in Abuja has summoned the Code of Conduct Bureau (CCB) to appear before it on September 21, 2015 to show cause why it should not be restrained from arraigning Senate President, Dr Bukola Saraki, over allegations bordering on false and improper declaration of assets allegedly acquired during his tenure as Governor of Kwara State from 2003-2011.

The Senate President, who approached the court via an ex parte motion wants the Federal Ministry of Justice, Code of Conduct Bureau, Code of Conduct Tribunal and Barrister M. S Hassan stopped from taking any further step to arraign or prefer any charge against him, pending the hearing and determination of the substantive suit he filed before the court.

Senator Saraki is also praying the court to declare that the Ministry of Justice has not complied with the provision of the 3rd Schedule of Section 24(1) of the Code of Conduct Bureau and Tribunal Act to act before proffering a charge against him.

Justice Ahmed Mohammed, in a ruling in his chambers ordered the Federal Ministry of Justice, Chairmen of the Code of Conduct Bureau and Tribunal and M. S Hassan (1st to 4th respondent) to appear before him to show cause why they should not be stopped from arraigning Saraki.

Senator Saraki in his motion argued that since there is no subsisting AGF, the charge against him by the official of the Federal Ministry of Justice before the CCT is void as the provisions of section 24 (1) of the CCB and Tribunal was not complied with.