The Court of Appeal, Abuja division, will on Monday, October 19, deliver judgment in an appeal brought against the federal government by the Senate President, Dr. Olubukola Abubakar Saraki challenging the legality of his arraignment at the Code of Conduct Tribunal, CCT, on false assets declaration.
The appellate court fixed the date yesterday after taking final brief of arguments from counsels to parties in the suit.
Justice Moore Adumein, who led two other justices to hear the case, announced that the verdict would be handed down by 2:00 p.m.
Former President of the Nigerian Bar Association, NBA, Mr. Joseph Daudu led five other Senior Advocates of Nigerian (SAN) comprising Malam Yusuf Ali, Adebayo Adelodun, Mahmud Magaji, Ahmed Raji and Kayode Eleja to argue the case of Saraki.
Moving his case, Daudu raised five major issues for determination by the court to determine the legality of trial of Senator Saraki at the Code of Conduct Tribunal.
Among others, the appellant counsel argued that the code of conduct tribunal erred in law by proceeding with the trial with two members instead of mandatory three as provided by the constitution.
He informed the court that composition of the tribunal during the trial of Saraki violated paragraphs 15(1) of the 1999 Constitution by sitting with two members instead of three and asked the court to nullify the CCT proceedings of last month due to lack of quorum.
The appellant counsel disagreed with the arguments of the federal government counsel Mr. Rotimi Jacobs SAN that the Interpretation Act can be used to resolve the constitutional logjam since the constitution was silent on the quorum for the tribunal membership.
Daudu insisted that the Interpretation Act cannot override the constitution been the supreme law and the Act being inferior to the constitution.
“To ask that the Act of Interpretation be used to override constitutional provision is wrong and unheard off. That itself will amount to product of misinterpretation because constitution is the supreme law and not an Act.”
He also argued that the tribunal was wrong in assuming criminal jurisdiction against the Senate President when it was not a superior court of record.
Daudu, who cited several authorities, submitted that the tribunal could not assume concurrent jurisdiction with the federal high court adding that the code of conduct tribunal was by law inferior to the federal high court.
He therefore urged the appeal court to nullify the proceedings of the tribunal against Saraki and to also set aside the criminal charges filed against him by the federal government on account of being illegal and unlawful.
However opposing the submissions of Saraki’s counsel, the federal government through its counsel, Rotimi Jacobs SAN asked that the appeal case be dismissed for lacking merit.
Jacobs told the three-man appeal court panel that the constitution was silent on the quorum of the tribunal memberships.
He urged the court to invoke the Interpretation Act to resolve the issue in favour of the respondent.
The respondent counsel also submitted that the tribunal has criminal jurisdiction because of the use of words like “guilty” and “punishment” in the law that established the tribunal.
Justice Adumein struck out an application by Saraki praying for a stay of further proceedings at the tribunal on the ground that event has over taken the application with the hearing of the substantive matter.
He then fixed judgment for next Monday.

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