The Supreme Court on Thursday, December 3, 2015, adjourned the ruling on Senate president, Dr Bukola Saraki’s application to February 5, 2016.
After hearing on 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 lacks 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 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 Code of Conduct Tribunal must be constituted with the chairman and two other members of the tribunal.
But the dedends 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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