Saraki’s newly filed application challenging the code of conduct tribunal’s jurisdiction stalls trial

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Trial of the Senate President, Senator Bukola Saraki at the Code of Conduct Tribunal, CCT, over alleged false assets declaration was on Friday stalled as a result of a fresh application filed by the Senate President challenging the jurisdiction of the Tribunal to entertain the 13-count charge filed against him by the Federal Government.

At the resumed trial on Friday, prosecution counsel, Rotimi Jacobs (SAN) told the Tribunal that the business of the day was hearing and that 13 prosecution witnesses were in court to give evidence in the matter.

Defense counsel, Kanu Agabi (SAN) who led other 66 lawyers informed the court that he had filed an application challenging the authority of the Attorney General of the Federation (AGF) to initiate the criminal proceedings and also the jurisdiction of the Tribunal to entertain the matter.

In the new application, brought pursuant to Sections 36(6)(a)(b), 36(12) and Paragraph 15 of the First Schedule of the 1999 constitution: Section 3(1) of the Third Schedule of the Code of Conduct Bureau and Tribunal Act, Saraki is praying for an order quashing or striking out the charges against him.

In addition, Saraki submitted that the charge constitutes a gross abuse of the legal process and that the charge violates due process and in violation of his right to fair hearing as enshrined in the constitution.
He further noted that the charge cannot lie at the instance of the Attorney General of the Federation and Minister of Justice.

Responding, Jacobs noted that both the Appeal Court and the Supreme Court had ruled on the application brought by Saraki and insisted that the application was just to frustrate the trial.

The tribunal later adjourned the case till March 18, 2016 for hearing of the newly filed application.

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