The Supreme Court on Thursday adjourned
hearing on the trial of the senate president,
Bukola Saraki, to February 2016.
Mr. Saraki appealed to the highest court to
quash his trial by the Code of Conduct
Bureau, which accuses him of false asset
declaration and fraud.
He denies all 13 charges against him.
An earlier challenge at the court of appeal
failed. The court directed the trial to continue.
Hearing on an appeal before the Supreme
Court continued Thursday, as counsels from
the two sides canvassed their cases.
The Chief Justice of the Federation, Mahmud
Mohamed, presided over the case with six
other judges in attendance.
Mr. Mohammed explained that the sitting
started late on Thursday because they judges
tried to resolve whether they were dealing with
a criminal or constitutional matter.
The lead counsel to Mr. Saraki, Joseph Daudu,
raised concerns with the composition of the
Code of Conduct Tribunal bench.
Mr. Daudu said for the tribunal to form a
quorum, the chairman must sit with at least
two members of the bench.
He noted that the Supreme Court always had
odd number of judges at sittings adding that
the case should not be so different with the
tribunal.
He said the presence of the chairman and one
member meant that the sitting had only two
members of the bench at the CCT, which he
said could give room for an abuse of powers
by the chairman, in the event of a tie.
The chief justice said it was unnecessary to
speculate and urged Mr. Daudu to wait until
there was a tie.
Mr. Daudu further argued that the Code of
Conduct Tribunal lacked the jurisdiction to try
the matter, saying the tribunal, by law, could
only treat issues relating to breach of
conduct.
He said cases like bribery, which the tribunal
can entertain, were mainly because they were
related to a breach of conduct – and not that
they were criminal cases.
He also said section 25(2) of the Code
Conduct Tribunal Act requires that the
Attorney General must be the one to initiate
charges.
The CCB lawyer, Rotimi Jacobs, however
argued that based on sections 284 of the
Constitution, two members could form a
quorum at the tribunal.
Mr. Jacobs said the tribunal had the right to
exercise criminal jurisdiction, based on
paragraph 17, third schedule of the CCTA.
He therefore prayed the court to dismiss the
case.
After a brief deliberation on the matter, the
presiding judge, Mr. Mohammed, adjourned
the matter to February 5, 2015.
Mr. Mohammed appealed for the
understanding of both counsels on the date of
adjournment.
He said the Supreme Court already had a
mass of cases pending.
Mr. Saraki was not present at Thursday’s
sitting.

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