The Court of Appeal and the Federal High Court sitting in Abuja, on Monday, refused the ex-parte applications brought by the Senate President, Senator Bukola Saraki, seeking to stop his arrest by the police and stay proceedings before the Code of Conduct Tribunal (CCT) over alleged false assets declaration.
Saraki had wanted the Federal High Court to stop the Code of Conduct Bureau (CCB) and Tribunal from prosecuting him.
He had also prayed the Court of Appeal to stay the order of arrest made by the tribunal and also stay proceedings.
However in his ruling at the Federal High Court, the trial judge, Justice A.R Mohammed, refused the application and ordered that the respondents be put on notice.
He later adjourned till September 30 for hearing of the substantive suit.
The Court of Appeal also held that for the interest of justice to prevail, respondents should be put notice.
The court, however, adjourned till September 29 for hearing of the motion on notice.
Immediately after the ruling, the Code of Conduct Tribunal renewed its order of arrest on Saraki by the Inspector General of Police (IGP), Solomon Arase, to produce him at the tribunal on Tuesday to take his plea in the 13-count charge slammed on him.
At the resumed trial on Monday, Saraki’s counsel, J.B. Daudu (SAN), informed the tribunal that the accused had filed an appeal before the Appeal Court, challenging the ruling of the tribunal.
He, however, prayed the tribunal to stay proceedings, pending the determination of the appeal.
Opposing the application, prosecution counsel, Rotimi Jacobs (SAN), argued that Section 305 and 306 of the Administration of Criminal Justice Act 2015 did allow a stay of proceeding in any criminal matter any longer.
He further informed the tribunal that because of the undertaken made by Daudu on Friday that he will produce Saraki in court on Monday, he (Jacobs) advised the Federal Government not to execute the arrest as a mark of honour to the senior lawyer.
He, however, noted that he was surprised that in spite of the undertaking by Daudu to produce Saraki, the accused person was not in court.
Jacobs prayed the tribunal to make an order that will bring the accused person.
Ruling on the absence of the accused in court, Justice Danladi Umar, recalled that Daudu made undertaking to bring the accused to court “but the accused was not around”.
“We have taken note of the observations of the accused counsel on the pending matter at the Federal High Court, but it is worthy of note that the order of the Federal High Court did not suspend the sitting of the tribunal.
“We also disagree on the argument of the accused that applicability of the Administration of Criminal Justice Act did not affect this tribunal. This tribunal is duty bound to apply the new law because it affects the tribunal.
“This tribunal has to take a position in the interest of justice and the position of the tribunal is that the accused must be compelled to appear before this tribunal tomorrow (Tuesday).
“In this wise, we re-affirm that the bench warrant of last Friday must be executed for the Inspector General of Police or other security agencies to arrest and produce the accused before this tribunal tomorrow by 10am”, the tribunal held.
