Court Refuses To Stop Saraki's Trial
Ahmed Mohammed, a justice of the federal high court, Abuja on Monday refused to grant the request of Senate President Bukola Saraki to stop his trial.
He adjourned to September 30 for hearing of the suit filed by Saraki.
Last Thursday, the senate president approached the court with an exparte application seeking an injunction to stop the Code of Conduct Tribunal (CCT) from putting him on trial.
Saraki is facing a 13-count charge of corruption and false declaration of assets brought against him by
the Code of Conduct Bureau (CCB).
Mohammed had ruled that the opposite parties to the case- the chairman of CCT, CCB and the ministry of justice- come before him on Monday to show cause why the trial of Saraki should not be stopped.
A copy of the ruling seen by TheCable last Thursday read: ”An order is hereby made directing the respondents to appear before this court on Monday, September 21, 2015 and show cause why the interim orders of injunction being sought by the plaintiff/applicant should not be made by the court.”
“All the respondents should be served with the originating summons filed in this suit, it’s accompanying affidavit, the motion on notice for interlocutory orders of injunction, the motion exparte for interim orders of injunction, the affidavit of urgency all the exhibits attached to the various affidavits filed.
“Hearing notices shall also be issued on all the respondent.
“The return date for the respondents to appear and show cause shall be the 21st of September.
“These orders are made pursuant to the provisions of order 26 rules 10 and 13 of the federal high court (Civil procedure) rules, 2009.”
Presenting his brief, AO Adelodun, Saraki’s lawyer, told the court that the defendants flouted the order of the court asking all the parties to maintain the status quo until the determination of the application on Monday.
He therefore urged the court to set aside Friday’s ruling of the CCT ordering the arrest of Saraki.
Taiwo Abidogun, counsel of the defendants, argued that the court had no jurisdiction to entertain the matter, asking it to strike out Saraki’s application.
But Mohammed declined granting any of the prayers. Instead, he asked that both parties present their cases on September 30.
The Court of Appeal has dismissed the ex-parte application by Senate President, Bukola Saraki, seeking to set aside the order made on Friday by the Code of Conduct Tribunal (CCT) issuing bench warrant for Saraki’s arrest.
It said it cannot interfere with the proceedings pending at the lower court.
It will be in the interest of notice for the respondents to be put on notice.
Consequently the ex-parte application refused and the motion on notice set down for hearing on September 29
Justice Armed Mohammed of the Federal High Court, in another ruling just delivered, refused a similar application by Saraki.
He adjourned to September 30 for the hearing of the substantive suit by Saraki, challenging the competence of charge before the CCT and the preliminary objection filed by the CCT, Code of Conduct Tribunal and Federal Ministry of Justice.
Justice Mohammed held that, in view of the constitutional and radical nature of the issues raised in the respondents’ objection, it was reasonable for the court not to waste time on interlocutory applications.
Sources: TheCableNG, The Nation
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