The Supreme Court on Thursday, December 3, 2015,
adjourned the ruling on the Senate president, Dr Bukola
Saraki’s application to February 5, 2016.
After hearing the submission by both counsels, the chief
judge, Mahmud Mohammed, leading a panel of seven
other judges, said ruling on the matter will be heard next
year.
At the hearing following submissions by counsel to the
Senate president, it was observed that the code of
conduct tribunal (CCT) in its trial headed by the
chairman, Danladi Umar, was not properly constituted.
Senate President, Bukola Saraki
Daudu said the CCT is also not a court of competent
jurisdiction to hear a criminal case.
However, in his objection, the defending counsel
representing the federal government, Rotimi Jacobs
argued that the submissions made by Daudu lacked
merit.
He argued that the tribunal was properly constituted as
only two members were required to form a quorum which
empowers the tribunal to sit.
But one of the judges intersecting said a report before
the court has it that that tribunal was constituted with
two members of the tribunal including the chairman
which is contrary to Schedule 15 of the constitution.
The constitution states that the tribunal must be
constituted with the chairman and two other members.
But the defence counsel, Rotimi Jacobs urged the court
that by the words used in the constitution, the court is
limited in criminal jurisdiction.
“What we are saying is that the power to prosecute must
rely on section 174 and 211 of the constitution and all other
powers must bow to this sections,” Jacobs added.
He finally urged the court to dismiss the appeal by
Saraki.
Following this, the counsel to the Senate president,
Joseph Daudu said he had no further reply to his
colleague’s arguments.
The Senate president is alleged to have falsely declared
his assets to the code of conduct tribunal.
The supreme court in its previous ruling ordered that the
proceedings of the CCT be suspended.
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