UPDATED: Tribunal orders Saraki’s arrest

Danladi Umar, chairman of the Code of Conduct Tribunal, has issued a bench warrant for the arrest of Senate President Bukola Saraki for failing to appear before‎ the court on Friday.

Saraki, who is a facing a 13-count charge of corruption and false declaration of assets, had procured an interim injunction‎ from the federal high court, Abuja, to temporarily stop his trial.

While presenting his brief, his lawyer‎, Mahmud Magaji (SAN), had asked the court to respect the subsisting order of the high court directing the chairman of the tribunal, the Code of Conduct Bureau, the ministry of justice and Saraki to appear before it next Monday week.

But‎ Muslim Hassan, the prosecuting counsel who represents the federal government, argued that the high court does not have supervisory jurisdiction over the tribunal, adding that Saraki could not raise objections while he was absent from the court.

He there‎fore prayed the court to immediately issue a bench warrant for the arrest of the senate president.

The tribunal granted Hassan’s‎ prayer ordering Saraki’s arrest.

While delivering his ruling, Justice Umar observed that Saraki had been given due notification for his trial but he willingly failed to appear before tribunal.

He held that the senate president, having knowledge of the law, could not claim to be unaware of its implications.

He therefore directed the inspector-general of police to arrest Saraki and bring him before tribunal.

However, Joseph Daodu (SAN), one of Saraki’s lawyers, prayed the court to vacate the order for the arrest of the senate president on the grounds that he is a senior citizen.

Daodu‎ pleaded that his client will voluntarily appear before the tribunal next Monday.

Although the chairman said his plea was “noted”, he refused to vacate the order.

Earlier in his ruling, Justice Umar dismissed the‎ argument of Saraki’s lawyer that criminal proceedings could only be instituted against the senate president by the attorney-general of the federation.

He held that the absence of an attorney-general does not preclude a senior officer in the ministry of justice from‎ instituting criminal proceedings.

He also ruled that the solicitor-general on whose behalf, Hassan, the prosecuting counsel, acted, could also exercise the powers of the attorney-general in criminal proceedings.

Justice Umar also ruled that the trial would not be stopped on the order of the high court, adding that the tribunal is a court of competent jurisdiction.

The tribunal adjourned to Monday to hear Saraki’s plea.