The death of two justices of the Court of Appeal in Saudi Arabia stalled the hearing on Tuesday of the appeal filed by the Senate President, Dr. Bukola Saraki, in which he is asking the court to stay proceedings of his trial before the Code of Conduct Tribunal over alleged false declaration of assets.

The court however fixed October 6 for hearing.

Meanwhile, the Federal High Court in Abuja, will today (Wednesday) hear the preliminary objections along with the substantive matter of the ex parte motion which Saraki brought before the court.

The two deceased justices were the presiding judge of the Abuja Division of the Appellate Court and brother to Prof. Attahiru Jega, former INEC chairman, Justice Abdukadir Jega, and Justice Musa Hassan Alkali of Ilorin Division.

The case had been adjourned till Tuesday (yesterday) but the court clerk informed counsel that it had been postponed by one week, to give the justices and staff of the appellate court time to honour the Justices. Justice Jega and Justice Musa Hassan Alkali were among the pilgrims who lost their lives in a stampede in Saudi Arabia.

In his application, Saraki had, through his Counsel, Adebayo Adelodun (SAN), prayed the court to set aside the order of arrest on him and also stay the proceedings at the tribunal.

Ruling on the application, the presiding judge, Justice Moore Adumein, had held that Section 15 of the Court of Appeal Act 2004 (as amended) gave the court the general power to make interim orders. He further said that for the court to exercise such powers, the application for the interim order should be in writing.

"It is for this reason that the court will refuse this application for interim injunction. It would be better to serve the interest of justice for the respondents to be put on notice.

"Consequently, the motion is hereby refused and struck out," he said.

After the ruling, counsel for Saraki, Adelodun, prayed the court to make a preservative order to preserve the res of the case so as to maintain the status quo.

Responding, Justice Adumein stated that it was not in the interest of the court to interfere in the affairs of lower courts.

"To appear before the tribunal is not a death sentence, we can come in at any point," he stated.