BREAKING! Saraki Loses As A/Court Clears Way For Corruption Trial

Justice Moore Agumanen , reading a majority verdict of the Court of Appeal this

morning upheld the trial of Senate President , Bukola Saraki at the Code of Conduct

Tribunal .

Agumanen , reading the verdict of two of the three man panel , said the tribunal , which

docked the Senate President on 22 September and 21 October was properly

constituted, thus trashing one of the grounds of the objections to the trial by Senate

President and his lawyers .

The dissenting third judge, Justice Joseph Ekanem however ruled that Saraki ’s appeal

has merit .

On the contrary, the majority judges, including Justice Mohammed Mustapha, in their

verdict said the tribunal led by Danladi Umar could sit with the chairman and one other

member .

Agumanen said they relied on section 28 of the Interpretation Act to reach the

decision.

He said the Code of Conduct Tribunal and Code of Conduct Bureau Act and the

constitution did not talk about a quorum .

In a further blow to the Senate President , the majority judges said the CCT has criminal

jurisdiction , though limited.

The judges also ruled that the Code of Conduct Tribunal has powers to issue a bench

warrant.

The court further ruled that the solicitor - general can institute proceedings in the

absence of the attorney- general since the office of the AGF is statutory and cannot die

whether the AGF is in court or not.

Agumanen said the judgment could not be delivered on 19 October as earlier planned

because the justices have to struggle to reach a consensus.

Saraki wanted the appellate court stop his trial at the CCT , where he has been charged

on 13 - counts with false asset declaration .

Judgment was initially fixed for 19 October, but was postponed at the 11 th hour , with

the court promising to communicate a new date to parties.

Notices were sent to parties informing them about today ’s date .

Arguing the appeal on October 16 , Saraki ’s lawyer , Joseph Daudu ( SAN) , urged the

appellate court to set aside the entire proceedings before the CCT, including the charge

before it .

He argued that the CCT was not properly constituted on when it assumed jurisdiction

to entertain the charges because it was made up of two members as against three ,

which is provided for in Paragraph 15( 1) of the Fifth Schedule to the Constitution .

Daudu contended that the provision of Section 28 of the Interpretation Act relied upon

by the respondents to argue that the tribunal could validly sit with its Chairman and one

other member , was a contradiction of the three - member provision in the Constitution.

He also argued that the tribunal not being a superior court recognised by the

Constitution could not exercise criminal jurisdiction .

On 21 October, when Saraki appeared before the Code of Conduct Tribunal , trial was

suspended based on the notification about the pending Court of Appeal Judgment .

The tribunal then adjourned till 5 November .

The lead lawyer of Senate President , Mohammed Mogaji said Senator Saraki would file

a further appeal at the Supreme Court .

Rotimi Jacobs , representing the Federal Government said the Code of Conduct tribunal

has been vindicated and that Saraki ’s trial would continue on 5 November .

*Updated at 11. 40 a .m