Hearing in the appeal filed by Senate President, Bukola
Saraki, against his trial at the Code of Conduct Tribunal was yesterday,
stalled due to the death of two Justices of the court, Justices Abubakar
Abdulkadir Jega and Musa Hassan Alkali of the Abuja and Ilorin Divisions in the
stampede in Mina, Saudi Arabia.
Saraki had approached the appellate court to quash the
warrant of arrest slammed against him by the tribunal and suspend its
proceedings, pending the determination of the substantive appeal he lodged
against the Danladi Umar-led panel.
But the court refused his application and directed that he
should put the respondents on notice and adjourned the case to yesterday.
However, the Court of Appeal, which was in mourning mood,
did not sit. Instead, it further adjouned the case to Tuesday.
Saraki’s lawyer, Mr. Adebayo Adelodun (SAN) stated that the
senate president had raised 12 grounds of appeal against the decision of the
tribunal, last Friday, adding that the appeal was supported by a 16-paragraph
affidavit and four exhibits.
Besides, Saraki deposed to another 17-paragraph affidavit of
urgency, wherein he urged the higher court to intervene and protect him from
what he described as, “a politically motivated witch-hunt”.
But instead of acceding to his prayers, the appellate court
panel headed by Justice Moore Adumein, directed the applicant to go and put all
the parties to the matter on notice.
The appellate court held: “We have read all the processes
before this court and considered submissions by counsel to the applicant. Even though pursuant to section 15 of the
Court of Appeal Act, 2004, this court has general power to grant or make an
interim order of injunction, ordinarily, this court does not grant ex-parte motions.
“We are, therefore, of the view that the respondents shall
be put on notice. Consequently, the applicant’s motion ex-parte is refused and
struck out.”
It directed Saraki to go and serve all the parties to the
suit with the relevant processes to enable them
appear yesterday.Other members of the appeal court panel that gave the
ruling were Justices Joseph Ekanem and Mustapha Mohammed.
Meanwhile, the Federal High Court has commenced hearing on
the fundamental rights enforcement suit that Saraki filed against the Federal
Government. Justice Mohammed adjourned the matter for hearing on a day all the
defendants, including the Federal Ministry of Justice, the chairmen of the CCT
and Code of Conduct Bureau (CCB) as well as a deputy director in the office of
the Attorney General of the Federation, Mr. M.S. Hassan, who signed the charge
against Saraki, adduced reasons the senate rresident should be compelled to
face trial.
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