The Supreme Court of Nigeria on Friday dismissed the appeal filed by Senate President Olubukola Abubakar Saraki, challenging his trial at the Code of Conduct Tribunal (CCT) over allegation of false declaration of assets.
The seven-panel of justices of the apex court, headed by Justice Walter Onnoghen, said the tribunal has quasi criminal jurisdiction to ensure public probity and accountability of public office holders.
The court, while resolving the six issues raised by Saraki against him, held that it was legal for the tribunal to assume jurisdiction over the trial of the Senate President, charged with false asset declaration, without one of its members.
Justice Onnoghen held that, “Having resolved issues one to five against the appellant, I see no need to consider issue six because such a consideration will serve no useful purpose.
“In fact, issue six has already been resolved in substance against the appellant during my consideration of issue two.
“In conclusion, I find no merit in the appeal which is accordingly dismissed. The judgment of the lower court delivered on the 30th day of October 2015, dismissing the appeal of the appellant against the ruling of the Code of Conduct Tribunal of 18th September, 2015 is hereby affirmed,” Justice Onnoghen held.
Consequently, the Senate President will have to face his trial at the tribunal, which had been adjourned indefinitely pending the outcome of Saraki’s appeal at the apex court.
Saraki’s appeal was against the October 30, 2015 judgment of the Court of Appeal, Abuja which dismissed an earlier appeal challenging the jurisdiction of the CCT to try him for alleged false declaration of assets.
Saraki was arraigned before the tribunal on September 22 last year on a 13-count charge after much resistance from the Senate President, prompting the tribunal to issue a bench warrant for his arrest.
He pleaded not guilty to the charge and challenged the power of the CCT to try him, the composition of the tribunal and the legality of the charge, which he said was not endorsed by the Attorney general of the Federation (AGF).
In its judgement on October 30, a three-man panel of the appellate court, in a split decision of two to one, held that Saraki’s appeal lacked merit.
Justices Moore Adumein (presiding) and Mohammed Mustapha resolved the six issues raised in the appeal in favour of the respondents, including the CCT, while Justice Joseph Ekanem dissented on one issue, which was whether an official of the Federal Ministry of Justice was competent to endorse a charge in the absence of the Attorney General of the Federation (AGF).
While Justices Adumein (who read the lead judgement) and Mustapha dismissed the appeal, Justice Ekanem, in his dissenting judgment upheld the appeal, discharged and quashed the Senate President’s trial before the CCT.
Justice Adumein, in the lead judgement, rejected all arguments by Saraki, including his contention that the CCT, being an inferior body to the Federal High Court, ought not to have proceeded with his trial despite an order by the court.
He held that Saraki’s complaint about not being personally served with the charge “was of no moment having appeared and taken his plea before the tribunal.”
On whether two of the CCT three members formed a quorum, Justice Adumein, though noted that there was “lacuna” in the laws, held that the Interpretation Act provides that a member of the tribunal and its chairman could validly sit and conduct proceedings.
“Having resolved all the issues against the appellant, I hold that the appeal lacks merit and it is hereby dismissed,” Justice Adumein said.
Justice Ekanem, who dissented on a single issue, held that the absence of the Attorney-General of the Federation had made the charge to become defective.
He was of the view that the failure by M. S. Hassan (who endorsed the charge) to indicate who authorised him to file the charge, in his letter to the tribunal seeking leave to file the case, rendered the charge incompetent.
While arguing his client’s appeal before the Supreme Court on December 3, Saraki’s lawyer, Joseph Daudu (SAN), who said six issues were formulated for the court’s determination, argued that the CCT was wrong to have assumed jurisdiction over his client’s trial because it was not properly constituted.
He argued that by the provision of Paragraph 15(1) of the 5th Schedule to the Constitution, the CCT could only legally conduct its affairs where the chairman sits with two members. He said it was only the chairman and a member that sat in the trial of his client.
Daudu also argued that the CCT was not a court with the capacity to exercise criminal jurisdiction. He contended that having not been a court created under section 6 of the Constitution, it lacked the power to exercise the inherent jurisdiction of superior courts.
He urged the court to allow his client’s appeal and grant all his prayers.
Lawyer to the Federal Government, Rotimi Jacobs (SAN), urged the court to dismiss the appeal and uphold the majority decision of the Court of Appeal, to the effect that Saraki’s trial before the CCT, with two judges sitting out of three, was in order.
He argued that Paragraph 5(1) of the 5th Schedule to the Constitution only relates to the composition of CCT, but that the Constitution was silent on the number of members that constitute its quorum.
He said where such lacuna exits, it was for the court to recourse to the Interpretation Act for help. He said under the Interpretation Act, two members of a three-man tribunal formed quorum and could legitimately conduct business.
Jacobs also argued that the CCT, being a body with limited criminal jurisdiction could apply ACJA 2015 in its proceedings. He contended that since the tribunal had applied the Criminal Procedure Act (CPA) and Criminal procedure Code (CPC) for its proceedings before the introduction of the ACJA, the new law, which replaces the CPC and CPA automatically, becomes an applicable law in the proceedings before the CCT.
Jacobs argued that any officer in the office of the AGF could validly initiate proceedings before the CCT where there is no AGF in office.(Tribune)
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