Supreme Court Decides Saraki's Fate Before CCT Today

Date: 2015-11-12

The Supreme Court will today hear an application filed by the Senate President, Dr. Bukola Saraki, for stay of proceedings of his trial before the Code of Conduct Tribunal,

It will be recalled that Saraki has been on trial on a 13 counts of false assets declaration.

Saraki, who filed his application through his lead counsel, Mr. Joseph Daudu (SAN), on November 3, 2015, wants the Supreme Court to halt his trial before the CCT pending the hearing and determination of his appeal before the apex court.

It was reliably gathered on Wednesday that the Federal Government, through its counsel, Mr. Rotimi Jacobs (SAN), had on Tuesday opposed the application for stay of proceedings, citing among other grounds, Section 306 of the Administration of Criminal Justice Act 2015, which prohibits courts from entertaining such application

The Senate President had appealed to the Supreme Court against the October 30, 2015 judgment of the Court of Appeal which affirmed the competence of the charges instituted against him and the jurisdiction of the CCT to try him.

Some lawyers who appeared for Saraki at the tribunal on November 5, stormed out of the courtroom in protest against a ruling of the CCT led by Justice Danladi Umar rejecting their request to adjourn the trial indefinitely because of the pending appeal before the Supreme Court.

The tribunal chairman had adjourned till November 19 to enable Saraki to engage new lawyers.

Meanwhile, Saraki’s application for stay of proceedings is anchored on the provisions of Section 36(1) of the 1999 Constitution and Order 9 Rule 2 of the Supreme Court Rules 1999 and section 25 of the Supreme Court Act.

His grounds of the application include contention that it “is very necessary so as not to foist on the appellant (Saraki, a fait accompli in the event this appeal succeeds.”

“That the applicant is entitled to the right of appeal under section 241 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and this court is empowered by law to protect this right.

“The mandatory conditions precedent to the referral of complaints by the Code of Conduct Bureau to the Code of Conduct Tribunal as provided under the proviso of section 3(d) of the code of Conduct Bureau and Tribunal Act and subsequent exercise of jurisdiction by the said tribunal has not been complied with.

“The appellant is challenging the composition of the Code of Conduct Tribunal as well as the criminal jurisdiction of the Code of Conduct Tribunal, to this extent a stay of proceedings of the charge aforementioned pending before the Code of Conduct Tribunal would prevent the tribunal from violating the provisions of the Constitution.”

A two-to-one split decision of the Court of Appeal in Abuja had on October 30 dismissed Saraki’s appeal against the competence of the tribunal and the charges against him comprising 13 counts of false declaration of assets while he was Kwara State Governor in 2003.

In his substantive appeal to the Supreme Court against the appeal court judgment, Saraki maintained that the panel of the CCT was not well constituted because it comprised two members instead of three provided for by the law.

Source

 

Cloud Tag: What's trending

Click on a word/phrase to read more about it.

Bond     Ahmed Dankaya     Vasolar Consultoria     Bayo Mohammed Onimode     Ishaq Oloyede     JSSCE     Shehu Raheem Adaramaja     Hassan Abdulazeez Elewu     Akeem Lawal     Funmilayo Mohammed     Woro     Flights To Ilorin     Eruku     Abdulrahman Iliasu     Kwara NIPR     Samuel Olusegun Adedayo     Abdulrahman Abdullahi Kayode     Sulu Gambari     Yusuf Lanre Badmas     Shuaib Olarongbe     Ita-Nmo Market     Shuaib Boni Aliyu     Abubakar Baba Sulaiman     Federal Road Maintenance Agency     Sunday Fagbemi     Kale Belgore     Isiaka Danmeromu     Ijagbo     Mohammed Abduraheem     Senior Staff Union Of Colleges Of Education     CLAY POT     Maryam Ado Bayero     TIIDELab     Saka Balikis Kehinde     Otunba Taiwo Joseph     Alliance For Democracy     Mohammed Saidu     Salihu Alhaji Musa     Ilorin South Constituency     AbdulRazaq Jiddah     Kwara State Fire Service     African Democratic Congress     MMWG     Joseph Alex Offorjama     Senate     Olayinka Olaogun     Yusuf Lawal     NITDA     Bamikole Omishore     Ibrahim Jawondo     Kwha.gov.ng     Playing Host     Olatunde Oyeyiola     Nnazua     Saka Saadu     Oluwarotimi Boluwatife Adenike     Ella Supreme Tissue Paper     Muhammad Toyin Sanusi     Musibau Akanji     Valsolar     Biliaminu Aliu     Omoniyi Ayinla     Funmilayo Braithwaite     Kunle Akogun     Wahab Isa     Gbenga Adebayo     Democracy Day     Muhammadu Buhari     Col. Taiwo     Amina El-Imam     Tunji Ajanaku     Lola Ashiru     Imam Gambari     Madawaki     Olatunde Michaels     Mary Kemi Adeosun     Yahya Mohammed    

Cloud Tag: What's trending

Click on a word/phrase to read more about it.

Musa Yeketi     Mohammed Ibrahim     Muhammad Toyin Sanusi     Saka Balikis Kehinde     Simeon Sayomi     Patigi Regatta     Ilorin South     Oloye     ER-KANG Mining     Suraj Tunji Oyewale     Government Girls’ Day Secondary School Pakata     Abdullahi AbdulMajeed     Salaudeen Oyewale     TESCOM     Mazars Consulting     Kehinde Boyede     Samari     Idowu Laro     Sulu Babaita Isiaka     Oasis Muslim Care Foundation     Sidikat Akaje     Abdulhakeem Adelaja Amao     Olomu     Aiyedun     Nigeria Foundation For Artificial Intelligence     Muhammadu Buhari     Bello Taoheed Abubakar     Government High School (GHS), Adeta     Veterinary Teaching Hospital     Ilorin Emirate Stakeholders Forum     Ayedun     Wahab Abayawo     Shola Odetundun     Tsado Manman     Kazeem Oladepo     Elelu     ASUU     Modupe Oluwole     Okasanmi Ajayi     Kazeem Gbolagade     Adekunle David Dunmade     ITP     Agboola Babatunde     March 18     Bolaji Aladie     Farouk Salim     Binta Abubakar-Mora     Salake     Christopher Tunji Ayeni     Amuda Musbau     Nigerian Correctional Service     Eleja     Olaiya Zuberu     Saadu Gbogbo Iwe     Aisha Buhari     Code Of Conduct Bureau     Government House     Yusuf Badmus     Lateef Fagbemi     Alaaya     Onilupeju Of Ilupeju     Emir Of Shonga     Mustapha Akanbi     Lukman Adeloyin     Kwara State Health Insurance Agency     Titus Suberu-Ajibola     Hydro-electric Power Producing Areas Development Commission     UITH     Seed Technologies     Ilorin Amusement Park     Salman Suleiman     New Nigeria People’s Party     Ishola Balogun Fulani     Just Event Online     Isaac Gbenle     Baruten     Abdulrasheed Na\'Allah