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The Court of Appeal has upheld the trial of Senate President, Bukola Saraki at the Code of Conduct Tribunal.
Justice Moore Adumen on Friday ruled that the tribunal, which docked the Senate President on September 22 and October 21 was properly constituted.
He said the tribunal led by Danladi Umar could sit with the chairman and one other member.
He said the CCT and CCB Act and the constitution did not talk about a quorum.
Adumen explained that the judgment could not be delivered on October 19 as earlier planned because the justices have to struggle to reach a consensus.
Saraki wanted the appellate court stop his trial at the CCT, where he has been charged on 13-counts with false asset declaration.
There was however a sharp division among the three Appeal Court Justices.
Whereas Justice Moore Adumein, in the lead verdict, dismissed Saraki’s appeal as lacking in merit, another member of the panel, Justice J.E. Ekanem upheld the appeal, declaring the charge before the CCT as incompetent.
Justice Ekanem specifically quashed the charge and discharged Saraki on the basis that the Deputy Director at the Ministry of Justice, M. M. S. Hassan who signed the charge, did not specify who authorised him to initiate the criminal proceeding.
“A look at the charge showed that Mr. Hassan instituted the action pursuant to section 24 of the Code of Conduct Bureau and Tribunal Act, 2004 which permits only the Attorney General of the Federation to initiate criminal proceedings”.
But the third member of the panel , Justice M. Mustapha, concurred with the lead verdict which declined to quash the charge against Saraki.
Leader of the panel, Justice Adumein dismissed Saraki’s appeal, saying he should go to the tribunal to answer the charge against him.