Monday 21 September 2015

Court of Appeal rejects Bukola Saraki’s appeal; ...strikes out Stay of Proceeding application

Bukola Saraki
The Court of Appeal has shut down any ray of hope of stopping the bench warrant issued against the Senate President Bukola Saraki to appear before the Code of Conduct Tribunal (CCT) to answer the allegations of the 13-count charge on false asset declarations.

In its ruling, the appallete court struck out the ex parte application by Saraki to stay proceedings on the grounds that both parties had not be heard on the matter before the lower court.

The presiding Judge, Justice Morri Adume said that the application for interim order does not engage an ex-parte order to the extent of staying proceedings.

Adume struck out the application and adjourned to September 29 to hear the substantive appeal on the matter.
"We are however of the view that the applicants is hereby refused and thereby struck out. This is thereby adjourned till September 29, 2015. The end of the matter is that this application is hereby refused and struck out.
"It is not the decision of this court to intervene when the two parties involved have not presented their cases. It is also not the role of this court to interfere in the work of the lower courts," the judge stated.
Speaking after the ruling, the counsel to the Senate President, Adebayo Adelodun (SAN), said that they will review the ruling of the appellate court and take the most informed step.
"We will go back to the drawing board and take an informed decision. Our next line of action will be communicated. We have our team and will discuss with our client after which we will take an informed decision," Adelodu said.
Meanwhile, the Federal High Court in its ruling said it would rather hear the substantive suit and preliminary objection after the Appeal Court must have taken a decision on the matter pending before it.

Justice Ahmed Ramat Muhammad, which had earlier summoned Code of Conduct Bureau (CCB) and Code of Conduct Tribunal (CCT) to appear before it yesterday over the assets declaration case, adjourned hearing to September 30, 2015.

Credit: ThisDay

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