But rather than expressly granting his request, Justice Mohammed who heard the motion in chambers had directed that the respondents- Federal Ministry of Justice, Chairman of the tribunal, Justice Umar and that of the Code of Conduct Bureau, CCB, Mr. Sam Saba, as well as Hassan who signed the charge against the Senate President should be put on notice and appear before the court on Monday to show cause why Saraki’s prayers, as contained in his ex-parte motion, should not be granted.

He further ordered that the respondents be served with all the court processes, including the motion on notice for interim order or injunction, motion ex-parte and a hearing notice. The Senate President and his aides went to town proclaiming that the court had ordered a halt to the planned arraignment, even convincing some media houses to report so. Thus, when the Tribunal commenced sitting on Friday morning, the Senate President was not in court.

Instead, his team of lawyers led by Magaji came to the court with a copy of the ruling of Justice Mohammed, an action which sets off a dramatic battle of wits between the Senate President’s counsel and the government team led by a deputy director in the office of the Attorney General of the Federation, Muslim Hassan. The Senate President’s lead counsel had asked the Tribunal to respect the court order directing the Chairman of the CCT, CCB, AGF and Saraki to appear before it next Monday. He further argued that the Tribunal should stay off the case since his client has challenged its competence to hear the case and the competence of the charges and that it is only the Attorney General of the Federation who has not been appointed that is competent to sign the charges.

But he was countered by Hassan who argued that a Federal High Court cannot stop the work of CCT since it is not a superior court. According to him, Justice Mohammed lacked the powers to summon the CCB and CCT chairman, even as it accused Saraki of engaging in “forum shopping” in a desperate bid to scuttle his trial. He also argued that Saraki cannot sit in the comfort of his chamber and object to his trial in absentia.

“It is not exclusive to the Attorney General to institute criminal proceedings. An officer in his department can do so as well,” Hassan said while arguing that since the high court does not have the supervisory jurisdiction over the Tribunal, the injunction being touted by Saraki’s lawyer does not exist.

Senator Bukola Saraki: faces battle at multi-fronts

“We urge this court to issue arrest warrant for the arrest of the accused person because objection cannot be taken in absentia,” said Hassan.

Umar ruled that in the absence of the AGF, other senior officers in the office can institute criminal charges against an accused. He also argued that the Solicitor General of the Federation on whose behalf Hassan is acting is competent to files the charges and could also exercise the power of AGF in criminal proceedings. He also ruled that the Tribunal is a court of a competent jurisdiction and would not be stopped on the order of a high court. Umar then adjourned for two hours to deliver his verdict on the demand for issue of bench warrant against Saraki.

When the court resumed, Umar ruled that Saraki was duly notified of his impending trial, but chose to ignore the court. He added that the Senate President could not claim to be unaware of the implications of his actions. He therefore granted the request for issue of bench warrant directing the Police and other relevant agencies to ensure the arrest of the former Kwara State Governor and haul him before Tribunal for trial on Monday, the next adjourned date for the suit.

An Attempt by Joseph Bodunrin Daodu, one of Saraki’s lawyer to get the Judge to vacate the order on the basis of Saraki’s position in Nigeria’s political hierarchy as well as his promise that he will ensure that the Senate President is present at the adjourned date failed.

“We are going to promptly arrest the Senate President, Dr. Bukola Saraki and produce him before the Code of Conduct Tribunal on Monday but the IGP is yet to get the directive. Since it is a bench warrant issued by a competent court, the order will be carried out without delay. We don’t want to pre-empt anything,” Bisi Kolawole, the Force Public Relations Officer said few hours after the order was given on Friday.