Confusion as A’Court defers judgment on Saraki’s CCT case

 

 

The Court of Appeal in Abuja on Monday failed to deliver its scheduled judgment on an appeal filed by the Senate President Bukola Saraki,  challenging the validity of the charges of false asset declaration filed against him at the Code of Conduct Tribunal.

No new date has been fixed for the judgment.

The application for stay of the CCT’s proceedings, filed by Saraki’s lawyer, Mr. Joseph Daudu (SAN), was struck out by the Justice Moore Adumein-led Court of Appea‎l panel on Wednesday on the assumption that it would no longer be necessary to hear it since judgment, which would effectively decide the fate of the case at the CCT, would be delivered before the next hearing date of the tribunal.

This appears to have cleared the way for the trial of Saraki on 13 counts of false asset declaration to commence as scheduled on October 21 (Wednesday).

‎The appeal panel had on Friday heard the appeal and adjourned till Monday to deliver judgment on it.

Monday’s development generated confusion on why the Court of Appeal, which had promised to deliver its judgment in the appeal before the next hearing date at the CCT,  could not do so and without fixing the judgment for a new date.

No prior notice was given to lawyers in the case that the judgment would no longer be delivered on Monday.

A large number of people interested in the case and journalists, many of whom had ‎already set up their cameras at the entrance of the courtroom ahead of the 2pm scheduled for the judgment on Monday, were left confused.

For a court that normally opens for business even when the Justices are not sitting, the door to the courtroom was locked.

One of the defence counsel, Mr. Kehinde Eleja (SAN), who addressed journalists on the development, said he had been able to reach the court registrar, who informed him that the judgment was not ready.

At the hearing of the appeal on Friday, the Court of Appeal struck out an application for a stay of the CCT’s proceedings filed by Saraki’s lead counsel, Mr. Joseph Daudu (SAN).

The appeal panel said it would amount to judicial waste of time if it went ahead to hear the appeal and had to deliver a separate ruling on it after th‎e main appeal had been heard.

Saraki is facing 13 counts of false asset declaration charges, to which he pleaded not guilty when he was arraigned before the tribunal on September 22.

The Senate President is challenging the trial on, among other grounds, that the panel of the CCT, comprising two judges instead of three, was not properly constituted.

He also contended that the CCT, not being a court, could not exercise judicial powers and that the charges, filed at the time an Attorney-General of the Federation had not been appointed, were incompetent.

Credit: Punch