Embattled Senate President Bukola Saraki, will tomorrow appear before the Code of Conduct Tribunal (CCT) in Abuja to defend allegations of false assets declaration levelled against him by the Federal Government.

Saraki's ordeal at the CCT will continue tomorrow following the inability of the Court of Appeal, Abuja Division to deliver its judgment in an appeal filed against the Federal Government by Saraki, challenging the legality of his trial at the tribunal.

The much anticipated judgment in the appeal was slated for Monday (yesterday) by the Appeal Court, but was postponed indefinitely.

The court registrar, Mrs. Christy Haruna told lawyers in the open court that the court had resolved to communicate a new date to counsels and parties in the suit.

She, however, did not give details why the judgement that had been fixed for yesterday by the Presiding Justice, Justice Moore Adumein, was put off sine die (indefinitely).

In the appeal, Saraki had challenged the power of the CCT to prosecute him on false assets declaration on five grounds, among which were that the tribunal was unlawfully constituted, having not formed a quorum.

He further argued that the tribunal lacked power to assume criminal jurisdiction in the matter.

It would be recalled that the appellate court had on Friday fixed the date for the verdict after taking final brief of arguments from counsel to parties in the suit.

Justice Moore Adumein, who led two other justices to hear the case, had said the verdict would be handed down by 2 pm yesterday.

Former President of the Nigerian Bar Association (NBA), Mr. Joseph Daudu led five other Senior Advocates of Nigerian (SAN) comprising Malam Yusuf Ali, Adebayo Adelodun, Mahmud Magaji, Ahmed Raji and Kayode Eleja to argue the case of Saraki.

Moving his case, Daudu raised five major issues for determination of the court to decide the legality of trial of Senator Saraki at the Code of Conduct Tribunal.

Among others, the appellant's counsel had argued that The Code of Conduct Tribunal erred in law by proceeding with the trial with two members instead of the mandatory three as provided by the Constitution.

He had informed the court that the composition of the tribunal during the trial of Saraki, violated paragraphs 15(1) of the 1999 Constitution by sitting with two members instead of three and asked the court to nullify the CCT proceedings of last month due to lack of quorum.

The appellant's counsel disagreed with the arguments of the Federal Government' counsel, Mr. Rotimi Jacobs (SAN) that the Interpretation Act can be used to resolve the constitutional logjam since the constitution was silent on the quorum for the tribunal membership.

Daudu insisted that the Interpretation Act cannot override the Constitution being the supreme law and the Act being inferior to the Constitution.

However, opposing the submissions of Saraki's counsel, the Federal Government, through its counsel, Rotimi Jacobs (SAN) asked that the appeal case be dismissed for lacking of merit.

Jacobs told the 3-man appeal court panel that the constitution was silent on the quorum of the tribunal memberships.

He urged the court to invoke the Interpretation Act to resolve the issue in favour of the respondent.

The respondent counsel also submitted that the tribunal has criminal jurisdiction because of the use of words like "guilty" and "punishment" in the law that established the tribunal.

http://www.authorityngr.com/2015/10/-Saraki-faces-CCT-today-as-Appeal-Court-defers-judgment

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