The Supreme Court has slated Thursday to hear the appeal that was
lodged before it by the Senate President, Dr. Bukola Saraki,
challenging the Appeal Court judgment that okayed him for trial before
the Code of Conduct Tribunal, CCT.
Saraki is praying the apex
court to set-aside the majority verdict of the appellate court panel
delivered by Justices Moore Adumein and Mohammed Mustapha.
Alternatively,
he wants the court to uphold the dissenting verdict of the third member
of the appellate court panel, Justice Joseph Ekanem, who not only
voided the 13-count criminal charge before the CCT, but also discharged
him.
He is praying the apex court to evaluate the split
judgment the appellate court delivered on September 30, with a view to
determining whether or not the charge pending before the CCT ought not
be quashed.
It will be recalled that a five-man panel of
Justices of the Supreme Court led by Justice John Fabiyi who is now
retired, had on November 12, ordered the Justice Danladi Umar-led
tribunal to stay further proceeding on the charge against the Senate
President.
The apex court directed the tribunal to “tarry awhile”, to enable it to look into the appeal.
Besides, the apex court gave all the parties seven days each to filed and exchange their briefs of arguments.
In
his seven grounds of appeal, Saraki, through his lawyer, Mr. J.B.
Daudu, SAN, beseeched the Supreme Court to overrule the appellate court,
void all the steps that the Justice Danladi Umar-led tribunal has taken
so far, as well as, quash the 13-count criminal charge against him.
He
contended that the appellate court panel led by Justice Adumein, erred
in law when it affirmed the competence of the proceedings of the CCT
which sat on the appellant’s 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.
Saraki’s lawyer, Daudu, also
faulted the majority decision of the appeal court where it held that
there was lacuna regarding the quorum of the tribunal.
He argued
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”.
Similarly, Saraki 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 by a
Deputy Director in the Federal Ministry of Justice, Mr. M.S. Hassan, in
the absence of a substantive Attorney-General of the Federation.
He
challenged the decision of the appeal court which held that Saraki was
properly served with the charges, at a time when his legal team only
filed motion for conditional appearance before bench warrant was issued
against him by the CCT.
Saraki’s lawyer argued that the court of
appeal erred in law for refusing to hold that the tribunal violated the
order of the Federal High Court in Abuja which he said ordered the
tribunal to appear before the court to show cause why its proceedings
against Saraki should not be halted.
According to him, the appeal
court erred in law when it held that the Administration of Criminal
Justice Act 2015 was applicable to the proceeding of the tribunal.
Saraki
was in the charge before the CCT, marked ABT/01/15 and dated September
11, 2015, alleged to have falsely declared his assets, contrary to the
constitutionally requirement.
He was accused of deliberately
manipulating the assets declaration form that he filed prior to his
assumption of office as the Senate President, by making anticipatory
declaration of assets, as well as, operated foreign bank account while
in office as a public servant.
The offence was said to have been committed while Saraki held sway as a governor.
He
was also accused of breaching section 2 of the CCB and Tribunal Act,
an offence punishable under section 23(2) of the Act and paragraph 9 of
the said Fifth Schedule of the 1999 Constitution, as amended.
FG,
among other offences, alleged that Saraki, claimed that he owned and
acquired No 15A and 15B Mc Donald, Ikoyi, Lagos, through his company,
Carlisle Properties Limited in 2000, when the said property was actually
sold by the Implementation Committee of the Federal Government landed
properties in 2006 to his companies, Tiny Tee Limited and Vitti Oil
Limited for the aggregate sum of N396, 150, 000, 00.
He was
alleged to have made false declaration on or about June 3, 2011, by
refusing to declare plot 2A Glover Road, Ikoyi, Lagos, which he
acquired between 2007 and 2008 through his company from the Central Bank
of Nigeria for a total sum of N325, 000, 000, 00.
Saraki was
said to have refused to declare No1 Tagnus street, Maitama, Abuja, which
he claimed to have acquired in November 1996 from one David Baba Akawu.
Some
of his alleged offence while in office as governor, which are said to
be punishable under section 15(1) and (2) of the CCB and Tribunal Act,
Cap C15, Laws of the Federation of Nigeria, 2004, were allegedly
committed between October 2006 and May 2007.
His actions were
classified as a gross violation of the Fifth Schedule of the
Constitution of the Federal Republic of Nigeria 1999, as amended.
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