UPDATE: The court of Appeal Court did not stop Saraki’s arrest. Elombah.com had earlier reported that President of Nigeria’s Senate, Bukola Saraki failed to show up at the Code of Conduct Tribunal this morning
despite the bench warrant issued on him by Justice Umar. He is facing a 13-count charge bordering on alleged corruption and false declaration of assets.
The Code of Conduct Tribunal has rather ordered IG of Police to produce Senate President, Bukola Saraki in court tomorrow by 10:00 AM.
It has also emerged that the Court of Appeal has not stopped Saraki’s arrest as earlier reported.
“It is part of the propaganda from Saraki’s legal team”, a source told elombah.com
Justice Morri Adumein of the Court of Appeal in Abuja on Monday refused the ex parte application filed by embattled Senate President, Dr. Bukola Saraki, seeking a stay of execution of the ruling of the Code of Conduct Tribunal.
Also, Justice Ahmed Mohammed of a Federal High Court in Abuja said the court will not waste time on interlocutory matters.
He said, all pending matters have been adjourned till September 30 to hear both the substantive matters and preliminary objection.
Meanwhile, Saraki, on Monday, failed to appear before the Code of Conduct Tribunal despite an arrest warrantissued against him by the Tribunal last Friday.
The Chairman of the Code of Conduct tribunal, Justice Danladi Umar, gave the ruling today, after Saraki failed to show up before the Tribunal for the second time.
Earlier Counsel to the Senate President, Daudu Joseph has said that the Code of Conduct Tribunal is not properly constituted, arguing that it must be made of the Chairman and two members.
Daudu noted that the tribunal is at present made up of the Chairman and a member.
However, the Chairman of the Tribunal, Danladi Umar maintained that the tribunal is properly constituted. It then adorned for one hour to decide on Saraki’s absence.
Saraki is facing a 13-count charge bordering on alleged corruption and false declaration of assets, levelled against him by the Code of Conduct Bureau (CCB).
OUR EARLIER REPORT
Counsel for Saraki, Mr. Mahmud Magaji (SAN), said he had appealed against the ruling by the tribunal judge.
The lawyer said, “We have been able to file a notice of appeal as well as stay of execution. When you have a valid notice of appeal and stay of execution, it puts the order of the court so granted in abeyance, unless and until the final determination of that content of that order that is being challenged at the Court of Appeal. That is the position of the law.”
He also confirmed that the notice of appeal and stay of execution had been received by the CCT.
“We filed it at the registry of the Code of Conduct Tribunal in the same court and it has been served on them since Friday; and then we are good to go. They have a copy of it and we have filed an appeal too. The rule is that you cannot file a stay of execution until you file notice of appeal and so we are good to go,” he said.
The Special Adviser (Media) to the Senate President, Yusuph Olaniyonu said “The legal team of the Senate President and their client will decide what will happen because there are three cases coming up. One at the Federal High Court, one at the Court of Appeal and another at the Code of Conduct Tribunal.
Chairman of the Code of Conduct Tribunal, Justice Danladi Umar, had on Friday directed Inspector General of Police, IGP Solomon Arase, to ensure the arrest of Saraki and produce him before the Tribunal today for failing to appear in person before the tribunal to answer questions in connection with alleged breach of the Code of Conduct Act.