The Senate President, Senator Bukola Saraki, has filed an appeal
challenging the ruling of the Code of Conduct Tribunal which ordered the
Inspector-General of Police, Mr Solomon Arase, to arrest and produce
him before the tribunal on Monday, September 21.
In his ground of
appeal, Senator Saraki through his counsel, Joseph Daudu, submitted that
the tribunal erred in law and also acted without jurisdiction by
assuming jurisdiction over the criminal trial of the appellant at the
Code of Conduct Tribunal for a charge which is being challenged at the
Federal High Court.
Senator Saraki, in his appeal, stated that as
at the time the tribunal overruled the appellant’s application to
discharge the order for bench warrant for his arrest by the respondent,
there was an
order of the Federal High Court which was served on the
tribunal.
He further submitted that the appellant filed an
application dated September 17, challenging the jurisdiction of the
tribunal to adjudicate on the charge brought before it.
The
Senate President also submitted that it was trite that when an accused
files an application challenging the jurisdiction of a court/tribunal to
adjudicate on a charge brought before it, the accused need not be in
court.
The appellant therefore asked the Court of Appeal to set aside the order of the Code of Conduct Tribunal.
The
Code of Conduct Tribunal had earlier ordered the arrest of the Senate
President for failing to appear before the Tribunal to answer charges of
alleged false declaration while he served as Governor of Kwara State
between 2003 and 2007.
Delivering a ruling on the suit filed by
the Code of Conduct Bureau, Chairman of the Tribunal, Justice Danladi
Umar ordered the Inspector-General of Police to produce the Senate
President on Monday, September 21, which is the next adjourned date.
The Tribunal held that no court of coordinate jurisdiction can restrain the Tribunal from performing its constitutional duties.
Source: ChannelsTV
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