The Senate President, Senator Bukola Saraki, on Friday 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.
The Code of Conduct Tribunal, CCT, sitting in Abuja had earlier the same Friday made an unprecedented order for the arrest of a high profile officer of the state.
The Tribunal had ordered the the Inspector General of Police, IGP, Mr. Solomon Arase and other relevant security agencies in the country to arrest the Senate President, Dr. Bukola Saraki.
In the ruling, the tribunal headed by Justice Danladi Umar issued a bench warrant against Saraki following his refusal to appear in court to face a 13-count criminal charge that was preferred against him by the Federal Ministry of Justice.
FG had through a deputy director in the office of the Attorney General of the Federation, Mr. M.S. Hassan, asked the tribunal to order Saraki’s arrest.
Saraki who was billed for arraignment this morning, sent his team of lawyers to serve the tribunal with a copy of the ruling of Justice Ahmed Mohammed of the Abuja Division of the Federal High Court on Thursday, which summoned the Ministry of Justice to appear on Monday to show cause why the trial should be allowed to proceed.
Equally summoned by the court were the Chairman of the tribunal, Justice Danladi Umar and that of the Code of Conduct Bureau, CCB, Mr. Sam Saba, as well as Mr. Hassan who signed the charge against Saraki.
Senator Saraki in the appeal filed through his counsel, Joseph Daudu, asserted 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.
