Senate President Bukola Saraki, won the first part of his battle to stop his trial at the Code of Conduct Tribunal, by letting tribunal hear his motion over jurisdiction. Government lawyer, Rotimi Jacobs told the Tribunal he has been served with defendants motion dated 4 March, 2015.
But he argued that going by sections 220, 221 and 396 of the Administration of Criminal Justice Act, the motion cannot be moved before beginning of hearing of the substantive case.
“The only thing the court can do now is to proceed to trial. I want Your Lordship to determine the issue now,” Jacobs said. He further explained that the of ACJA stipulated that technical objections cannot be raised during trial.
He added section 396 (2) said after a plea has been taken, the defendant can raise any objection which can only be considered alongside the substantive trial.
According to him, the defendant is challenging the validity of the charges by saying the Attorney General did not have power to filed charges against him or that he was not informed before the charges were filed against him.
Jacobs urged the Tribunal to enforce the ACJA to ensure that justice is done according to the law. Jacob said the court should allow the prosecution to call his witness.
Kanu Agabi, for Saraki said the defence is happy to be in court and the opportunity to defend him.
He argued that motion is part of administration of justice and the Tribunal should hear it.
He reminded the Tribunal Chairman that he ruled last Friday that the motion would be argued today.
The defence counsel said the motion is challenging the juridisction of the tribunal to hear the case.
Justice Umar however ruled that he is ready to hear the motion as anything done by the Tribunal without determination of the issue of juridisction will be nullity.
Agabi is about to move the motion now.
