Court Halts Planned Arraignment Of Saraki Tomorrow Over Alleged Perjury

The planned arraignment of Senate President, Dr Bukola Saraki tomorrow by the Code of Conduct Tribunal over alleged false declaration of assets suffered a setback today following an order by a Federal High Court which summoned the Code of Conduct Bureau (CCB) and the Tribunal Chairmen to appear before it on Monday September 21, 2015 to show cause why it should not be restrained from arraigning the number three citizen.

Senator Saraki had approached the court with an exparte motion asking the court to stop the Federal Ministry of Justice, Code of Conduct Bureau, the Tribunal and Barrister M. S Hassan from taking any further step to arraign or prefer any charge against him, pending the hearing and determination of the substantive suit he filed before the court.

On Wednesday, the Code of Conduct Bureau (CCB), in a September 11 charge number ABT/01/15 and filed before the CCT, accused the Senate President of false declaration of assets. The CCB specifically said Saraki engaged in anticipatory declaration of assets when he was governor of Kwara State between 2003-2011.

The Senate President had asked the court today to declare that the Ministry of Justice has not complied with the provision of the 3rd Schedule of Section 24(1) of the Code of Conduct Bureau and Tribunal Act before proffering a charge against him.

Delivering his ruling in his chambers, Justice Ahmed Ramat Mohammed, ordered the Federal Ministry of Justice, chairmen of the Code of Conduct Bureau and Tribunal and M. S Hassan (1st to 4th respondents) to appear before him on Monday to show cause why they should not be stopped from arraigning Saraki.

Justice Mohammed ordered that the respondents in the motion should be served with all the court processes, including the motion of notice for the interim order or injunction, motion exparte, adding also that hearing notice should be served on all the respondents. He made the order pursuant to the provision or Order 26 Rule 10 of the Federal High Court (Civil procedure) Rules 2009.

In the motion exparte argued by his counsel, Mahmud Magaji (SAN), Saraki argued that based on the provision of Section 24 of the CCB and Tribunal Act, his prosecution before the tribunal shall be initiated by the Attorney General of the Federation (AGF) or any officer directed by him (AGF).

He argued that, “In the absence of any subsisting AGF in the time being, this court has the jurisdiction to direct parties to maintain statusquo pending the hearing of the motion on notice”.

He argued further that since there is no subsisting AGF, the charge against him by the official of the Federal Ministry of Justice before the CCT is void as the provisions of section 24 (1) of the CCB and Tribunal was not complied with.

It would be recalled that the Senate President was to be arraigned today before the Code of Conduct Tribunal to face a 13-count charge preferred against him by the Federal Government.