An effort by Senate President Bukola Saraki to stop
his trial at the Code of Conduct Tribunal (CCT) has been thwarted.
The appeal court has upheld the trial of the Senate
president on 13 counts over a false assets’ declaration.
In a ruling this morning, October 30, Justice Moore
Adumen of the Court of Appeal, reading the unanimous verdict of the three-man
panel, said the tribunal, which tried the Senate president on September 22 and
on October 21, was properly constituted, PM news reports.
Indicating why the verdict was delayed, Adumen said
that the earlier scheduled date, October 19, had to be shifted at the
eleventh hour, because the justices had to struggle to reach an agreement.
Adumen noted that the justices relied on section 28 of
the Interpretation Act to reach the decision.
Adumein also held that
Muslim Hassan, a deputy director at the ministry of justice, on the authority of the solicitor-general
of federation- in the absence of the attorney-general of the federation, could
institute criminal proceedings against him.
Saraki had argued that the case
against him was not properly instituted as there was no attorney-general to do
so.
However, a little drama will
unfold as one of the Justices, J.E. Ekanem upheld the appeal from Saraki,
declaring the charge before the CCT as incompetent, Vanguard reports.
Whereas Justice Moore Adumein dismissed the appeal
that was lodged by Saraki as lacking in merit, Justice J.E. Ekanem, one
of the members three-man panel of justice, quashed the charge and
discharged Saraki on the basis that the Deputy Director at the Ministry of Justice, M. M. S.
Hassan who signed the charge, did not specify who authorized him to initiate
the criminal proceeding.
Ekanem said: “A look at the charge showed that
M. M.S Hassan instituted the action pursuant to section 24 of the Code of
Conduct Bureau and Tribunal Act, 2004 which permits only the Attorney General
of the Federation to initiate criminal proceedings.
“Though the constitution permits the Solicitor-General
of the Federation, SGF, to commence criminal action in the absence of the AGF,
Hassan failed to produce any document showing that he was properly authorised
by the SGF.
“The opening paragraph of the letter Hassan sent to
the CCT on September 11, wherein he applied to commence trial against the appellant
is very instructive.
“He merely said ‘ I am authorised to file this action’
but did not say that he was authorised by the Solicitor-General. He went short
of identifying who authorised him.
“It is therefore my view that the charge before the
tribunal is incompetent. It is for this view that I hold that this appeal has
succeeded and I hereby set-aside the charge and discharge the accused person.”
However, a third judge in the
panel, Justice M. Mustapha, concurred with the lead judgment upon which the
senate president’s appeal was dismissed.
The CCB had filed a
13-count corruption charge against Saraki for failing to
declare his assets fully, alleging that he misused state funds to purchase
private assets while serving as Kwara state governor.
However, Saraki’s lawyer, Mahmud Magaji (SAN) had
urged the court to expeditiously determine his client’s appeal on the grounds
that time was very important in the on-going case.
Along with the appeal, the Senate
president’s lawyers also filed an application seeking for proceedings before
the CCT to cease pending the determination of his appeal. Saraki wanted the
appellate court to stop his trial at the CCT.
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Source: Naij.com
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