TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

CCT: Saraki loses bid to stop trial, heads to Supreme Court

The Citizen by The Citizen
October 31 2015
in Governance, Headlines, Uncategorized
A A
0

Senate President, Bukola Saraki, yesterday lost his bid to stop his trial before the Code of Conduct Tribunal (CCT).

The Court of Appeal in Abuja dismissed the Senate President’s appeal challenging the tribunal’s jurisdiction over his trial.

He is standing trial on a 13-count charge of false asset declaration before the CCT).

In a split decision of two-to-one, the appellate court held yesterday that Saraki’s appeal lacked merit.

Justices Moore Adumein (presiding) and Mohammed Mustapha resolved the six issues raised in the appeal in favour of the respondents while Justice Joseph Ekanem dissented on the issue of whether an official of the Federal Ministry of Justice was competent to endorse a charge in the absence of the Attorney General of the Federation (AGF).

While Justices Adumein (who read the lead judgment) and Mustapha dismissed the appeal, Justice Ekanem, in his dissenting judgment, upheld the appeal and quashed the Senate President’s trial before the CCT.

Since, by the tradition of the court, the majority decision forms its judgment, it implies that the position held by Justices Adumein and Mustapha forms the court’s judgment in Saraki’s appeal.

By the appellate court’s decision yesterday, Saraki’s trial will now proceed before the CCT on the next adjourned date of November 5.

The CCT had delayed proceedings to await the outcome of Saraki’s appeal.

Saraki had contended in his appeal that the charge against him was not personally served on him; that the tribunal was not validly constituted because two of its three members currently sit; and that the absence of a substantive Attorney-General of the Federation (AGF) had rendered the charges incompetent.

He also argued that the CCT lacked criminal jurisdiction, was not a court recognised by the Constitution, and that it lacked the coercive power to order anybody’s arrest.

Justice Adumein, in the lead judgment, rejected all the arguments advanced by Saraki, including his contention that the CCT, being an inferior body to the Federal High Court, ought not to have proceeded with his trial despite an order by the court.

He held that Saraki’s complaint about not being personally served with the charge “was of no moment, having appeared and taken his plea before the tribunal.”

“On September 21, his counsel also appeared before the tribunal and made series of applications without raising the issue of non-service,” Justice Adumein said.

On whether two of the three members of CCT could form a quorum, Justice Adumein, though noted that there was a “lacuna” in the laws, held that “the Interpretation Act has becomes a helpful piece of legislation” by providing that a member of the tribunal and its Chairman could validly sit and conduct proceedings.

Justice Adumein upheld the argument by respondents’ lawyer, Rotimi Jacobs (SAN), to the effect that by the provision of Section 28 of the Interpretation Act, two members of the tribunal (including the Chairman) could form a quorum to validly conduct its proceedings

He also held that by the provisions of Section 174(1) and (2) of the Constitution, where there is no substantive AGF, any law officer in the office of the AGF could validly file charges.

“M.S Hassan, a Deputy Director in the department of the AGF is eminently qualified to initiate criminal proceedings.

“The Solicitor-General of the Federation, in the absence of the AGF, may perform any of the duties and shall have the same powers as are imposed by law on the AGF,” the judge said.

On the issue of the tribunal not being a court, Justice Adumein held that “there is no inherent difference between the tribunal and the court.”

He noted that “the terminologies and phrases used in the CCT Act, such as “arraignment”, “arrest”, “taking plea”, “guilty” and “conviction” are associated with criminal proceedings.

“The Code of Conduct Tribunal is a criminal court, albeit with limited jurisdiction,” he held.

“Having resolved all the issues against the appellant, I hold that the appeal lacks merit and it is hereby dismissed,” Justice Adumein said.

Justice Ekanem, who dissented on a single issue, held that the absence of Attorney-General of the Federation had made the charge to become defective.

He was of the view that the failure by M. S. Hassan (who endorsed the charge) to indicate who authorised him to file the charge in his letter to the tribunal seeking leave to file the case, rendered the charge incompetent.

Saraki’s lawyer, Mahmud Magaji (SAN), who spoke with journalists after the court had rendered its judgment, said: “We will be testing the veracity of the Court of Appeal’s judgment at the Supreme Court.”

Jacobs, who also reacted to the judgment, said the coast was now clear for the CCT to proceed with the case before it.

He said since there is no pending order staying its proceedings, and that since under the Administration of Criminal Justice Act 2015 appeal cannot act stay, the proceedings before the CCT would not be affected should Saraki appeal to the Supreme Court.

Previous Post

Buhari, Judiciary, INEC behind our electoral woes – PDP leaders

Next Post

Chibok girls: Why we can’t negotiate with Boko Haram now —Buhari

Related Posts

INEC to conduct mock presidential election
Headlines

INEC to conduct mock presidential election

September 3 2026
DSS bans operatives from arresting people over civil matters
Headlines

DSS bans operatives from arresting people over civil matters

September 3 2026
‘Fake’ Agency: Adeyemi insists DG appointment genuine
Financial Crimes

Reps panel traces 58 bank accounts, 12 entities, 39 workers to fake PFIPC DG

September 2 2026
Shettima bans congratulatory advertisements on birthday
Governance

Shettima bans congratulatory advertisements on birthday

September 1 2026
G100: Atiku, Obi, Makinde absent as opposition groups, Reps caucus chart path to 2027
Headlines

G100: Atiku, Obi, Makinde absent as opposition groups, Reps caucus chart path to 2027

September 1 2026
Shettima returns from AU Summit
Governance

Shettima returns from AU Summit

September 1 2026
Next Post

Chibok girls: Why we can’t negotiate with Boko Haram now —Buhari

Nigeria is broke, Buhari declares

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

Lagos demolishes shanties after four die in community clash

Lagos demolishes shanties after four die in community clash

by The Editor
August 30 2026
0

...

Kano, Sokoto, others spend N53.2bn on scholarships abroad

INEC fixes Sept 19 for Kano Assembly by-election

by The Editor
August 27 2026
0

...

Awujale: Ruling House sues Ogun, kingmakers

Awujale: Ruling House sues Ogun, kingmakers

by The Editor
August 25 2026
0

...

Umahi’s son wins Ohaozara chairmanship as APC sweeps all Ebonyi LGAs

Umahi’s son wins Ohaozara chairmanship as APC sweeps all Ebonyi LGAs

by The Editor
August 24 2026
0

...

APPOINTMENTS

Tinubu swears in Enitan as new Head of Service

Tinubu swears in Enitan as new Head of Service

by The Editor
August 28 2026
0

...

Tinubu names new Head of Service

Tinubu names new Head of Service

by The Editor
August 19 2026
0

...

Sahara Upstream positions Arahas and SGIR for next growth phase, deepens investment in African oilfield services

Sahara Upstream positions Arahas and SGIR for next growth phase, deepens investment in African oilfield services

by The Editor
August 8 2026
0

...

Police IG deploys new CPs to eight states, other formations

Police IG deploys new CPs to eight states, other formations

by The Editor
August 7 2026
0

...

ODDITIES

Palliatives: Sokoto residents feared dead in stampede at Wammako’s residence

Police Inspector slumps, dies after fitness exercise

by The Editor
September 3 2026
0

How friend deceived me to sell my kidney, bought phones with payment — Victim

How friend deceived me to sell my kidney, bought phones with payment — Victim

by The Editor
August 30 2026
0

Umahi files N2.5b defamation lawsuit against bloggers

Umahi files N2.5b defamation lawsuit against bloggers

by The Editor
August 26 2026
0

GLOBAL NEWS

Iran President thanks Putin for Russia’s stance in war with US

Iran President thanks Putin for Russia’s stance in war with US

by The Editor
September 1 2026
0

...

Saudi Arabia halts multiple visas for Nigeria, 13 others as U.S. suspends visa dropbox

US outlines two family visa options for permanent residence

by The Editor
September 1 2026
0

...

US Army Secretary submits resignation

US Army Secretary submits resignation

by The Editor
September 1 2026
0

...

Russia helps Niger Republic junta to retake military base

Russia helps Niger Republic junta to retake military base

by The Editor
August 30 2026
0

...

WHO declares global health emergency over Ebola outbreak in Congo, Uganda

WHO confirms Uganda Ebola-free, as virus continues spread in DRC

by The Editor
August 28 2026
0

...

State of the States

Fubara orders fresh LG elections in Rivers State

Fubara signs N1.84tt Rivers 2026 budget into law

by The Editor
September 3 2026
0

...

Lagos empowers 6,190 residents with free vocational, entrepreneurial skills

Lagos empowers 6,190 residents with free vocational, entrepreneurial skills

by The Editor
September 2 2026
0

...

Gov. Mutfwang convenes security council over Plateau attacks

Gov. Mutfwang convenes security council over Plateau attacks

by The Editor
September 2 2026
0

...

Enugu govt gets commendation for successful hosting of 2nd City Marathon

Enugu govt gets commendation for successful hosting of 2nd City Marathon

by The Editor
September 1 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
Police slam treasonable felony charge on Katsina man for destroying Tinubu’s billboards

Police slam treasonable felony charge on Katsina man for destroying Tinubu’s billboards

September 3 2026
INEC to conduct mock presidential election

INEC to conduct mock presidential election

September 3 2026
Palliatives: Sokoto residents feared dead in stampede at Wammako’s residence

Police Inspector slumps, dies after fitness exercise

September 3 2026
FAAC shares N2.09tr to FG, states, local councils as October revenue

FAAC bonanza: Nigeria’s fiscal paradox – Punch

September 3 2026

EDITORIAL REVIEW

FAAC shares N2.09tr to FG, states, local councils as October revenue

FAAC bonanza: Nigeria’s fiscal paradox – Punch

by The Editor
September 3 2026
0

Interstate highways of agony, hollow excuses – Punch

Interstate highways of agony, hollow excuses – Punch

by The Editor
September 1 2026
0

Mass presence of governors in off-cycle elections – Punch

Mass presence of governors in off-cycle elections – Punch

by The Editor
August 27 2026
0

Clerics must preach peace, not division – Punch

Clerics must preach peace, not division – Punch

by The Editor
August 25 2026
0

Tax reform: Northern senators in closed-door meeting as bill scales second reading

Tax reform must end multiple taxation – Punch

by The Editor
August 24 2026
0

Opinion

 Akpakomiza and other stories

by The Editor
September 1 2026
0

...

‘Fake’ Agency: Adeyemi insists DG appointment genuine

Fake agencies: Why Nigeria still needs Oronsaye report

by The Editor
August 25 2026
0

...

How Adeleke danced back from the dead

How Adeleke danced back from the dead

by The Editor
August 19 2026
0

...

Adeleke’s win and the cost of winning at all costs

Adeleke’s win and the cost of winning at all costs

by The Editor
August 18 2026
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.