The Court of Appeal on Friday in Abuja struck out an appeal filed by Senate President Bukola Saraki challenging the jurisdiction of the Code of Conduct Tribunal (CCT) to try him.
The Chairman of the tribunal, Mr Umar Danladi, held that the tribunal had criminal jurisdiction to entertain fraud charges against Saraki.
Delivering judgment, Justice Moore Adumein held that all the five issues raised by Saraki against his trial at the tribunal failed.
NAN reports that the other four issues brought for determination were whether the tribunal was a proper court to issue a bench warrant against the appellant.
Saraki also sought the determination of the court as to whether someone other than the Attorney-General of the Federation could file the 13-count criminal charge against him.
He further urged the appellate court to determine whether the tribunal was properly constituted with two members instead of three mandated by law.
The appellant also invited the court to determine why all decisions made by the tribunal should be rendered null and void on account that it violated the order of a Federal High Court.
Justice Adumein, however, said that the points raised for determination by the appellant could at best be described as “academic exercise”, adding: “The tribunal has limited jurisdiction to act as a court.
“We have sought the definition of both a court and a tribunal; they are one and the same and it is a matter of semantics.
“The Constitution, in establishing the CCT has actually listed the number of members and the Chairman to be three but did not provide the ground for when it shall form a quorum.
“Section 28 of the Interpretation Act has, however, solved that problem by stating that two members of a tribunal and the Chairman could sit to adjudicate on a matter,’’ he said.
On whether the charges were properly filed, Adumein said the appellant was misled to believe that only the AGF could bring such charges against him.
“Well, it is a fact that as at the period the charges were filed, the office of the AGF was unoccupied.
“The Constitution has also bestowed the Solicitor-General of the Federation such powers to act on behalf of the AGF.
“With the prima facie established in this case, the Solicitor-General is captured to have authorised Mr Muslim Hassan, an Assistant Director in the Ministry of Justice to file the charges,’’ he explained.
On whether the tribunal violated the order of the Federal High Court, Adumein said no such thing happened.
“Saraki did approach the Federal High Court in Abuja seeking an interim order for the CCT, Code of Conduct Bureau, their Chairmen, Ministry of Justice to show cause why the charges should not be quashed.
“In the same vein, the appellant also approached the appellate with an appeal to bar the CCT’s proceedings.
“The appellate ruled and so the Federal High Court had no option but to dance to the decision of the superior court. At that point, the CCT went on with the case.
“Having treated all the issues, it is my decision, therefore, that the appeal fails because it lacks merit,’’ he said.
Adumein, however, refused to be invited to determine the late complaint of non-service introduced by the appellant.
“This is a valid point however, but the court is not a Father Christmas that gives unsolicited gifts. The issue should have been raised at the tribunal,’’ he said.
Delivering his judgment also, Justice Mohammed Mustapha, a member of the three-man panel adopted Adumein’s judgment, as according to him, his brother justice applied the laws and rules in deciding the appeal.
“In fact, I have read the lead judgment, it is indeed similar to mine and therefore, I shall say nothing more than to simply align myself with it,’’ he said.
However, Justice Joseph Ekanem, delivering his judgment, disagreed with Justice Adumein’s decision to validate the charges brought against the appellant.
Ekanem held that Hassan, who purportedly drafted and signed the 13-count charge failed to establish who authorised him to do so.
“The law has bestowed prosecution on the AGF; any other officer in that office is compelled to show authorisation before such document can be considered valid.
“In this appeal, the initiator of the charges have failed to state who authorized him; therefore, the charges cannot be considered as valid process.
“The appeal is upheld because it has merit,’’ Ekanem said.
Saraki is facing a 13-count charge of false asset declaration when he was governor of Kwara State.
Speaking to newsmen after the session, Mr Mahmud Magaji (SAN), Counsel to Saraki said the decision would be tested at the Supreme Court.
On his part, Mr Rotimi Jacobs (SAN), the prosecution counsel, expressed delight with the judgment saying, “We have been vindicated.”
-NAN
