The Supreme Court on Thursday fixed Feb. 5, 2016 for judgment in an appeal filed by Sen. Bukola Saraki, challenging the legality of his trial at the Code of Conduct Tribunal (CCT).
Saraki is standing trial at the CCT on allegations of false declaration of assets.
At the resumed hearing of the appeal, Saraki’s lawyer, Joseph Daudu (SAN), told the panel of seven Justices of the apex court led by the Chief Justice of Nigeria (CJN), Mahmud Mohammed, that they formulated six issues for determination.
He argued that the charge against Saraki could not stand in the face of the law because there was no substantive Attorney-General of the Federation (A-GF) when it was instituted.
He said that as at the time Saraki was put on trial, there was no evidence that an A-GF delegated his power to institute criminal charge against him as required by the law.
Daudu also argued that the tribunal was not properly constituted as stipulated by law.
According to him, the law provides that the CCT shall only sit on trial with a three-member panel.
He said that the tribunal has only two members, including the Chairman, Justice Danladi Umar, and cannot form a quorum.
The lawyer further argued that, by implication, if there would be any disagreement on issues in the course of the trial, the chairman would impose his views on the other member.
Daudu also argued that the tribunal lacked the jurisdiction to try criminal matters.
He said the tribunal was only established by law to serve as a disciplinary committee for public officers and not a court that can assume criminal jurisdiction.
Counsel to the Federal Government, Rotmi Jacobs (SAN), however, asked the court to dismiss the appeal for lacking in merit.
He said the CCT was properly constituted and has power to go ahead with two members.
He argued that two of the three members of the tribunal formed a quorum in compliance with Interpretation Act.
He said the constitution does not insist that there must be three-man panel before the CCT can hear and determine cases.
Jacobs also argued that in the absence of A-GF, the law empowers the Solicitor-General of the Federation to institute a criminal charge against any person.
He, therefore, urged the court to resolve the issue in favour of the federal government and order Saraki to face his trial before the tribunal.
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