In his ground of appeal, Senator Saraki through his counsel, Joseph Daudu, submitted that the tribunal erred in law and also acted without jurisdiction by assuming jurisdiction over the criminal trial of the appellant at the Code of Conduct Tribunal for a charge which is being challenged at the Federal High Court.
Senator Saraki, in his appeal, stated that as at the time the tribunal overruled the appellant’s application to discharge the order for bench warrant for his arrest by the respondent, there was an order of the Federal High Court which was served on the tribunal.
He further submitted that the appellant filed an application dated September 17, challenging the jurisdiction of the tribunal to adjudicate on the charge brought before it.
The Senate President also submitted that it was trite that when an accused files an application challenging the jurisdiction of a court/tribunal to adjudicate on a charge brought before it, the accused need not be in court.
The appellant therefore asked the Court of Appeal to set aside the order of the Code of Conduct Tribunal.
The Code of Conduct Tribunal had earlier ordered the arrest of the Senate President for failing to appear before the Tribunal to answer charges of alleged false declaration while he served as Governor of Kwara State between 2003 and 2007.
Delivering a ruling on the suit filed by the Code of Conduct Bureau, Chairman of the Tribunal, Justice Danladi Umar ordered the Inspector-General of Police to produce the Senate President on Monday, September 21, which is the next adjourned date.
The Tribunal held that no court of coordinate jurisdiction can restrain the Tribunal from performing its constitutional duties.
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