The
Abuja Division of the Court of Appeal has again declared that the Code of
Conduct Tribunal (CCT) has prosecutorial power to try Senate President Bukola
Saraki on charges of false assets declaration brought against him by the
Federal Government.
In
a lead judgment delivered by Justice Abdul Aboki, yesterday, the appellate
court held that the major issues raised by Saraki challenging his trial at the
CCT had been overtaken by events.
The
court affirmed the CCT’s jurisdiction and dismissed the appeal by Saraki in
which he challenged the legality of his trial before the tribunal.
All four other members of the judicial panel unanimously agreed with the lead judgment delivered by Aboki, who resolved all eight issues formulated for determination against the appellant.
While
affirming the earlier ruling of the CCT chairman, Danladi Yakubu Umar, that the
CCT had power to prosecute the Senate President as charged, Aboki held that
contrary to Saraki’s contention, the Attorney General of the Federation had
power to institute charges against him before the CCT.
The
appeal court also held that under the Constitution, the CCT was not under any
obligation to invite the appellant, to enable him make written admission of
breaches in his asset declaration forms before charges could be initiated
against him.
The
court held that the tribunal had rightly departed from its earlier decision in
which it discharged a former governor of Lagos State and national leader of the
ruling All Progressives Congress (APC), Bola Ahmed Tinubu, on account that he
was not invited by the CCT and confronted with the allegations leveled against
him.
Aboki
said the CCT erred in law when it discharged Tinubu on the ground that he was
not invited to make written statement before he was charged to court, adding
that the CCT had, in subsequent judgments after Tinubu’s matter, corrected
itself.
The
court also held that the fact that the charges were initiated against Saraki,
13 years after the offences were
allegedly committed, was immaterial, and could not be a ground to invalidate
the charge.
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