SARAKI v CCT: Supreme Court Dismisses Saraki’s Appeal To Stop Trial

Dr.Bukola Saraki

PRESIDENT of the Senate, Dr. Bukola Saraki yesterday lost his bid at the Supreme Court challenging the jurisdiction of the Code of Conduct Tribunal, CCT to commit him to trial over declaration of assets in line with the 1999 Constitution as mandated for public officeholders in the country

Dismissing the suit, Justice Walter Onnoghen, who led the 6-man panel of justices while giving its judgment on Saraki’s appeal, stated unequivocally that the competence of the CCT on the applicant on such matters are clearly stipulated, hence ruled that the application filed by Saraki lacked merit. 

It would be recalled that prior to the case, the Code of Conduct Bureau, CCB had accused Saraki of false declaration of assets upon his assumption of office as the Senate President

Following this development, a Deputy Director in the office of the Attorney General of the Federation, M.S. Hassan had on September 11, 2015 filed a 13- count corruption charge against the Senator including alleged false declaration of assets on assumption of office as the executive governor of Kwara state in 2003.

On September 17, 2015, a Federal High Court in Abuja presided by Ahmed Mohammed, as prayed gave an interim injunction to the Tribunal from going ahead with the trial. However, the Chairman, of CCB, Danladi Umar ignoring the Federal High Court's decision, commenced the trial on September 18, 2015 contending that the Federal High Court lacks powers to give the CCT an order as both maintain equal and coordinate jurisdiction. 

Consequently, he proceeded with the matter irrespective of the injunction. As these confusions lingered, Saraki perched on the side of the FHC which granted his prayers by giving injunctions to CCT to temporarily stop the trial, hence refused to appear before the tribunal to answer his charges.  Persistently, Umar issued a bench warrant for Saraki’s arrest over his refusal to appear before the CCT.

Amidst the warrant of arrest, the Court of Appeal simultaneously ruled in favour of the CCT a day before the scheduled date that it competently exercises jurisdiction to continue with the trial  adding that the FHC lacks jurisdiction to give orders to the CCT since both are of the same hierarchy in the listing of judicial structure. This led Saraki appear before the tribunal in which he was forcibly docked in the witness box.

He however appealed the judgment of the court of Appeal to the Supreme Court leading to the judgment on Friday in which the apex court reaffirmed the position of the Court of Appeal.

Reacting to the Supreme Court judgment, the Senate President has reportedly expressed disappointment over the decisions and how it arrived at them.