Why Saraki Must Face CCT Trial – Supreme Court
The Supreme Court on Friday held that the Code of Conduct Tribunal has the requisite jurisdiction to try the President of the Senate, Dr. Abubakar Bukola Saraki, on allegation of false asset declaration.
The apex court panel of seven Justices unanimously dismissed an appeal by Saraki challenging his trial by the tribunal.
Delivering the lead judgment, Justice Walter Onnoghen held that the Tribunal had quasi criminal jurisdiction to ensure public probity and accountability of public officers.
Onnoghen also held that the Tribunal had the requisite jurisdiction to try the appellant (Saraki) without full complement of the three-member panel.
He held: “The 1999 Constitution has not made definite stand on what number constitutes a quorum of the tribunal, but the Section 28 of the Interpretation Act did.
“The Interpretation Act holds that a two-member panel that includes the Chairman and one other member constitute a quorum to sit on any matter.
“In the circumstance, the panel was properly constituted when it commenced the trial of the appellant.”
Onnoghen held that the six issues raised by Saraki for determination failed.
On the argument that the charge was filed without fiat of the Attorney-General of the Federation, Onnoghen said the Federal Ministry of Justice, as an office, could prosecute offenders without a substantive minister.
“In the light of this, the apex court affirms the judgment of the lower court and, therefore, Saraki is to return to the CCT for the continuation of his trial,” Onnoghen held.
The News Agency of Nigeria recalls that the Court of Appeal sitting in Abuja on October 30, 2015 dismissed the appeal filed by the Saraki challenging the trial at the tribunal.
Justice Moore Adumein had held that the appeal lacked merit.
Saraki had challenged the legal propriety of the 13-count charge that was preferred against him by the Federal Ministry of Justice.
The Federal Government had alleged that Saraki made anticipatory declaration of some of his assets while serving as governor of Kwara State.
Saraki was also accused of operating foreign accounts with evidence of regular transactions while serving as governor.
