A Federal
High Court in Abuja has again dismissed the application by Senate President
Bukola Saraki seeking nullification of his ongoing trial at the Code of Conduct
Tribunal, CCT.
Mr. Saraki is standing trial for alleged false asset declaration
and fraud at the CCT, since September last year.
The Senate President had approached the court, asking it to put
an end to his trial at the Tribunal, describing the trial as a breach of his
fundamental human rights enshrined in Section Four of the 1999 constitution and
an obstruction to his duties at the National Assembly.
But in his ruling, the trial Judge, Abdul Kafarati, held that
the CCT is a constitutional body, in the discharge of its legal obligation
which should not be interfered with by a court of law.
“I find that none of the claims fall within chapter four
of the constitution”
“This court cannot interfere with the proceedings before the
tribunal; it cannot also interfere with the duties of the respondents which
have been imposed on them by law,” said Mr. Kafarati
Mr. Kafarati also held that the applicant’s claims that the
CCT’s trial falls short of the constitutional requirements is “a sentimental
claim that has no basis in law.”
“There are Criminal procedure laws that put in place the method
of protecting the accused”, the judge added noting that the trial cannot be
regarded as an infringement of Mr. Saraki’s right.
Since the
same appeal by the applicant was dismissed by the Court of Appeal, Mr. Kafarati
stated, it is inappropriate for the applicant to approach the Federal High
Court seeking similar redress.
“If the court grants the application, there will be conflict
with the ruling of the appellate Court
“I do not see the need to go to the merit of the case,” the
judge ruled.
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