12th November, 2015
The Supreme Court this morning halted further proceedings in the trial of Senate President Bukola Saraki at the Code of Conduct Tribunal pending the determination of the appeal filed before the court.
Justice John Fabiyi leading a five-man panel of the court made the order today, after the Federal Government’s counsel, Mr. Rotimi Jacobs (SAN), had asked the court to give an undertaking that Saraki’s main appeal would be given an accelerated hearing.
Saraki’s lead counsel, Mr. Joseph Daudu (SAN), had argued his client’s motion for stay of the CCT’s proceedings.
In a unanimous decision read by Justice Fabiyi, the apex court ordered the tribunal “to tarry awhile.”
He ordered Jacobs to file his respondents’ brief in response to Saraki’s appellant’s brief served on him in court on Thursday within seven days.
The Supreme Court also ordered Daudu to file further response to Jacobs’ brief, if he so desired within seven days thereafter.
Justice Fabiyi said the date for the hearing of the appeal would be communicated to parties in due course.
The trial began 22 September and was last heard 5 November. Further hearing scheduled for 19 November, will no longer hold with today’s ruling.
The Senate president’s earlier appeal had on 30 October been dismissed at the Court of Appeal, in a split decision of 2-1 by the judges.
Justice Moore Agumanen, who read the majority verdict upheld the trial at the Code of Conduct Tribunal.
The judges said the tribunal was properly constituted and that the tribunal led by Danladi Umar could sit with the chairman and one other member.
Agumanen said they relied on section 28 of the Interpretation Act to reach the decision.
He said the Code of Conduct Tribunal and Code of Conduct Bureau Act and the constitution did not talk about a quorum.
In a further blow to the Senate President, the majority judges said the CCT has criminal jurisdiction, though limited.
The judges also ruled that the Code of Conduct Tribunal has powers to issue a bench warrant.
The dissenting third judge, Justice Joseph Ekanem however ruled that Saraki’s appeal had merit.