TheCable

The Supreme Court has suspended the trial of Senate President Bukola Saraki at the code of conduct tribunal (CCT).

In its ruling on Thursday, a five-man panel led by John Fabiyi‎ ruled that the CCT should wait pending the determination of an appeal that Saraki filed at the apex court.‎

“Further proceeding at the CCT should be stayed pending the hearing of the appeal. Hearing date will be communicated to all the parties,’’ Fabiyi held.

In October, Saraki approached the appeal court, asking it to quash his trial at the CCT.

His request was grounded in the argument that the CCT was not properly constituted, and that the tribunal lacked the power to try criminal matters.‎‎

But on October 30, the appeal court dismissed the argument of Saraki that the CCT was not a court of competent jurisdiction to handle the criminal charges preferred against him.

“The CCT is a court of criminal jurisdiction, albeit limited jurisdiction,” the court had stated.

“The immediate question is whether it is a court or not. There is no inherent difference between a court and a tribunal. The only difference is that tribunals in most cases handle special cases.

“The tribunal has power to impose sanctions according to the law. It is a court with specific criminal jurisdiction.”

Regarding whether the CCT was not properly constituted to try Saraki, the three-man panel of judges led by Moore Adumein‎ held that the tribunal was properly constituted to try the senate president.

Adumein declared that the two-man panel of the CCT was the minimum quorum required according to the interpretation act to sit in judgment on any issue.

He added that the tribunal did not err in law to commence trial against Saraki with a two-man panel.

‎On November 5, Saraki’s lawyers walked out of the CCT after the tribunal ruled that the trial must continue despite a pending appeal at the supreme court.

He was due to appear before the tribunal on November 19‎, but with the judgment of the apex court the date might be shifted.

Saraki is asking the supreme court to set aside the judgment of the appeal court, and stop his trial at the CCT.

He is facing a 13-count charge of alleged false declaration of assets.