Wednesday, 4 November 2015
Saraki Wants Supreme Court To Set Aside Trial At CCT
Saraki Wants Supreme Court To Set Aside Trial At CCT
By Kunle Olasanmi
— Nov 4, 2015 5:05 am | Leave a comment
Senate President, Bukola Saraki, has approached the Supreme Court to set aside judgement of the Court of Appeal which okayed his trial at the Code of Conduct Tribunal (CCT).
The Court of Appeal in Abuja on October 30 affirmed the jurisdiction of Code of Conduct Tribunal to try him on 13 counts of false assets declaration.
Saraki also filed an application for stay of proceedings, urging the Supreme Court to halt the proceedings of the CCT to try him for the alleged offences.
He filed the application for stay of proceedings before the Supreme Court yesterday, seeking an order halting his trial before the CCT pending the determination of his appeal.
In the application, the Senate President is asking the court for “An order staying further proceedings in Charge No: CCT/ABJ/01/2015 between Federal Republic of Nigeria vs Dr. Olubukola Abubakar Saraki fixed for hearing on 5th and 6th of November, 2015 pending the determination of the appeal pending before the Supreme Court against the judgement of the Court of Appeal dated 30th October, 2015.”
Saraki raised seven grounds of appeal in his notice of appeal attached to the application for stay of proceedings, urging the Supreme Court to set aside the judgement of the Court of Appeal, the entire proceedings of the CCT and the charges preferred against him before the tribunal.
His lawyer, Mr. Joseph Daudu (SAN), urged the apex court to set aside the judgement of the appeal court on the grounds that it erred in law when it affirmed the competence of the proceedings of the Code of Conduct Tribunal, 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.
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”.
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