ABUJA, Federal Republic of Nigeria. The Court of Appeal, Abuja Division, on Thursday, assumed jurisdiction in an appeal case brought before it by the Senate President, Dr Bukola Saraki, to challenge his trial by the Federal Government on alleged false assets declaration at the Code of Conduct Tribunal.
The appellate court, in a decision, on Thursday, granted accelerated hearing of the matter in which Saraki is asking the court to stop his continued trial at the Code of Conduct Tribunal pending the determination of his case.
Justice Moore Adumein granted the speedy hearing after listening to the argument of counsel to Saraki, Mahmud Abubakar Magaji, on the need for the matter to be expeditiously determined because of the utmost urgency involved.
Saraki, through the counsel, is praying the appeal court for an order to stop or halt his trial on a 13-count charge of false assets declaration preferred against him by the Federal Government pending the hearing and determination of his motion on notice before the appellate court.
Respondents in the appeal case are the Code of Conduct Bureau (CCB), Code of Conduct Tribunal (CCT), the Federal Ministry of Justice and one Mr Musiliu Hassan, a lawyer in the ministry.
The appeal by the Senate President followed the ruling by the Code of Conduct Tribunal that the Federal Government has power to initiate a criminal charge against him even in the absence of the Attorney General of the Federation (AGF) and Minister of Justice vested with powers by the constitution to initiate such trial.
Chairman of the tribunal, Justice Danladi Yakubu Umar, had, in the ruling last month, held that in the absence of a substantive Attorney General of the Federation, the Solicitor General of the Federation has the constitutional powers to execute or carry out the functions of the AGF in his absence.
The tribunal also held that any lawyer in the Federal Ministry of Justice or a private legal practitioner has power to prosecute on behalf of the Federal Government once such counsel has the mandate of the Solicitor General of the Federation.
However, dissatisfied with the ruling, Saraki had stormed the Court of Appeal to ventilate his anger on the decision of the Code of Conduct Tribunal.
Among others, Saraki asked the appellate court to halt the proceedings at the lower tribunal since both the Court of Appeal and the tribunal cannot, by law, be hearing same cases at the same time.
He pleaded that the Code of Conduct Tribunal be ordered to stop any further action on issues bordering on the charges preferred against him by the Federal Government pending the outcome of the appellate court decision in his appeal.
Justice Adumein, apart from granting accelerated hearing to the appellant, he also fixed October 16 for definite hearing of the case.
The Code of Conduct Tribunal, in which Saraki appeared on Tuesday, September 22, had fixed continuation of his trial for October 21, 22 and 23 for the Federal Government to prove the charges brought against the Senate President.
But Saraki had pleaded not guilty to the 13-count charge slammed against him, even as he faulted the Code of Conduct Bureau (CCB) for its failure to first invite him to draw his attention to discrepancies, if any, to his asset declaration form for clarification as demanded by law.
Credit: Daily Independent (Nigeria)
