CCT Trial: Fears As Saraki Awaits Appeal Court’ Judgment

Senate president, Bukola Saraki, will on October 19 knows his fate as the Court of Appeal has fixed that date to deliver judgment in an appeal brought by  Saraki against the federal government challenging the legality of his trial at Code of Conduct (CCT) over alleged false assets declaration.
The appeal court decision followed the final brief of arguments from counsels to the parties in the suit.
Leading legal mind for Saraki, Joseph Daudu, former president of the Nigerian Bar Association, Yusuf Ali, Amhed Raji, Adebayo Adelodun, Mahmud Magaji and Kayode Eleja all Senior Advocates of Nigeria.
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Saraki lawyer, Daudu raised five points of arguments bordering on the legality of the trial of Saraki by the CCT. He stated that the tribunal erred when it decided to proceed with the trial with just two members rather than the mandatory three as provided by the constitution, Leadership reports.
He told the appellate court that the composition of the tribunal run foul of paragraphs 15(1) of the 1999 constitution by seating with two members instead of three and asked the court to nullify the CCT proceedings of last month due to lack of quorum.
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Daudu disagreed with the submission of the counsel to the federal government, Rotimi Jacobs that held that Interpretation Act can be used in resolving the vacuum created by the constitution that is silent on the quorum for the tribunal membership.
Saraki lawyer insisted that the Interpretation Act cannot override the constitution been the supreme law and the Act being inferior to the constitution.
“To ask that the Act of Interpretation be used to override constitutional provision is wrong and unheard off. That itself will amount to product of mis-interpretation because constitution is the supreme law and not an Act,” Daudu argued.