Nigeria’s Appeal Court on Monday adjourned Senate President Bukola Saraki’s Code of Conduct Tribunal case indefinitely.
The indefinite adjournment came as the matter was supposed to concluded and judgment delivered in the case brought by the Senate President against the CCT.
But at the Court of Appeal hearing, counsel to Saraki, Mr. Joseph Daudu, raised five major issues, saying that the CCT erred in law by proceeding with the trial of Saraki with two members instead of the mandatory three members as provided by the constitution.
He said the composition of the tribunal “during the trial of my client violated paragraphs 15(1) of the 1999 Constitution by sitting with two members instead of three.
“My Lord we are seeking the court’s understanding to nullify the CCT proceedings of last month due to lack of quorum.”
To him, the tribunal lacks the jurisdiction to try criminal matter which formed part of the charges against his client.
He urged the court not to accept the argument by the prosecution that the constitution was silent on the quorum of membership of the tribunal and that this case would finally resolve it.
“To ask that the Act of Interpretation be used to override constitutional provision is wrong and unheard off.
“That in itself will amount to product of mis-interpretation because the constitution is the supreme law and not an Act,” Daudu argued adding that the tribunal was wrong in assuming criminal jurisdiction against the Senate President when it was not a superior court of record and could not assume concurrent jurisdiction with the Federal High Court.
He urged the Appeal Court to nullify the tribunal proceedings against his client and set aside criminal charges against him.
The prosecution, represented by Rotimi Jacobs, urged the court to dismiss the arguments by Daudu for lack of merit.
Though the appellate court struck out Daudu’s prayer that the case be thrown out, it adjourned the case indefinitely.
