Nigeria’s Code of Conduct Tribunal will decide at 1.30pm today whether an arrest warrant should be issued against Nigeria’s Senate President Bukola Saraki, to face trial.
M.S. Hassan, the prosecuting counsel asked the court to issue the arrest warrant, on grounds that the injunction granted by a Federal High Court to stop the trial was of no effect, as the court has no power over the Tribunal.
Both have concurrent powers, he argued citing legal precedents.
Joseph Bodurin Daodu, a former president of the Nigerian Bar Association, who represented Saraki did not cite any legal precedent.
He said he had come to court to show the tribunal the ruling of the Federal High Court halting trial. He urged the tribunal to discountenance the submission by Hassan.
“It is not fair to lead the tribunal astray. There is an order served on the tribunal. The only thing we can do is to try to discharge the order.
“We do not need to cite too many authorities. Let us tarry awhile. Monday is not far away,” he said.
Daodu asked the Tribunal to adjourn proceedings till then.
Justice Ahmed Mohammed of a Federal High Court had issued an injunction restraining the tribunal from proceeding with the trial.
The judge equally summoned the deputy director in the office of the Attorney General of the Federation, Mr. M.S. Hassan, who signed the charge against Saraki.
The court made the orders after it heard an ex-parte application that was filed and moved by Saraki through his lawyer Mr. Mahmud Magaji, SAN.
The Code of Conduct Bureau has filed a 13-count charge against Saraki, at the Code of Conduct Tribunal, alleging
that Saraki made false declaration of his assets.
The Deputy Director in the office of the Attorney-General of the Federation, M.S.Hassan, filed the charges against Saraki on September 11.
Saraki’s point of contention is that the case could not go on, without a substantive Attorney-General and Minister of Justice in place.
When the tribunal opened today, the prosecuting officer said the power to file a criminal charge does not reside in the attorney-general alone. “Any officer in the Attorney-General’s office is eminently qualified to do so in any court of law. I am competent to do so”, he said.
The prosecutor also said an objection to the trial can only be done after an accused has taken a plea.
Senate President Bukola Saraki, was not in court, but his lawyers sought to restrain the tribunal from sitting.