Supreme Court throws out Saraki’s appeal against CCT

■ EFFORTS by the Senate President, Bukola saraki to stop his trial at the Code of Conduct Tribunal failed yesterday as the Supreme Court dismissed his appeal challenging the validity of his trial on charges of assets dec­laration preferred against him at the Code of Conduct Tribunal.

In a unanimous judgment, a seven-man panel of the apex court headed by the Chief Justice of Nigeria, Justice Mahmud Moham­med held that Saraki’s appeal against the ju­risdiction of the trial and competence of the charges, lacked merit.

Other Justices on the panel who agreed with the judgment were Justices Tanko Mu­hammad, Sylvester Ngwuta, Kudirat Kekere- Ekun, Chima Nweze and Amiru Sanusi.

But in a swift reaction to the judgment, the Senate President said although he was disap­pointed over the judgment, he is ready to prove his innocence at the tribunal.

In a statement by his Media Adviser, Yu­suph Olaniyonu, Saraki said he believes that he will have his day in court to prove his in­nocence.

According to him: “He expresses disap­pointment over the Judgment of the apex court in the country on the six grounds of his appeal.

“He however will like to put it on record that the facts of the substantial matter are not before the Supreme Court since the apex court was only invited to rule on some preliminary issues in the process of commencing the trial.

“The Senate President believes he will have his day in the court to prove his innocence of the charges preferred against him during the trial proper.

“Dr Saraki will like to thank everyone who has expressed support for him from the begin­ning of the case. He assures everyone that at the end of the day truth will prevail and justice will be served.”

Reading the lead judgment, Justice Walter Onnoghen, held that against the contention of Saraki, the Code of Conduct Tribunal sitting with its Chairman and one member was val­idly constituted.

It was the contention of Saraki’s counsel that the decision of the Court of Appeal was erroneous in “the interpretation of the constitu­tion by holding that the Code of Conduct Tri­bunal was properly constituted in law when it sat on September 18, 2015 with just the Chair­man and one other member in contravention of the provisions of paragraph 15 (1) of the 5th schedule of the 1999 constitution as to exercise of powers and jurisdiction vested by the con­stitution and in consequence of, the charge and the entire proceedings inclusive of the ruling of the lower court was null and void and of no consequence.”

Saraki further submitted that to hold that a 2-man panel of the tribunal can sit in adjudica­tion contrary to the express provisions of the constitution raises a serious issue of breach of the principles of fair hearing as enshrined in section 36 of the 1999 constitution.

To resolve the issue, the Supreme Court in its judgment relied on relevant provisions of the statute including paragraph 15 (1) of the 5th schedule of the constitution, section 20 (1) (2) of the Code of Conduct Bureau and Tribunal Act, Cap. C23, LFN 2004, sections 27 and 28 of the Interpretation Act and section 318 (4) of the 1999 constitution to hold that any sitting of the Code of Conduct Tribunal presided by the Chairman and one member is valid.