The tribunal had fixed Friday for the arraignment.
The Code of Conduct Tribunal sitting in Abuja on Friday ordered the Inspector General of Police, solomon Arase, to arrest the President of the Senate, Dr. Abubakar Bukola Saraki.
Arase is to produce Saraki before the Tribunal on Monday to a take plea in the 13 count charge slammed on him by the Federal Government over alleged false declaration of assets.
But Saraki’s counsel, J.B. Daudu (SAN), said they would approach the Court of Appeal to set aside the ruling.
The Federal Government had on September 11 filed a 13 count charge against Saraki before the Code of Conduct Tribunal.
The tribunal had fixed Friday for the arraignment.
However, in a bid to stop his arraignment, Saraki on Thursday approached the Federal High Court sitting in Abuja with an ex-parte application seeking to restrain the Federal Government, the Code of Conduct Bureau and Tribunal from arraigning him.
The trial judge at the Federal High Court, Justice A.R. Mohammed, in a ruling in chambers, summoned the chairmen of CCB, CCT and a Deputy Director in the Federal Ministry of Justice, M.S. Hassan, to appear before him on Monday to show cause why Saraki’s application should not be granted.
When the matter came up Friday before the tribunal, the accused person was represented by Daudu and Mahmud Magaji (SAN).
Prosecution Counsel, Musiliu Hassan, noted that the accused was not in court despite the fact that he was served with the summons, adding that they exhibited it in their process.
Hassan however prayed the tribunal to issue a bench warrant on the accused person for disobedience of court orders.
Opposing the application, Magaji submitted that the charge, as well as the prosecution lacks validity to come before the court on the ground that there is no incumbent Attorney General of the Federation.
He further argued that there is a pending ruling of the Federal High Court, which had summoned the chairmen of CCB, CCT and Hassan.
The tribunal later stood down the matter.
After about three hours stand down, the Presiding Judge, Justice Danladi Umar, in his ruling, held that the Tribunal took notice of the fact that there is no AGF at the moment.
Umar further held that the absence of the AGF does not stop the filing of a criminal charge, adding that in the absence of the AGF, the Solicitor General can institute such charge.
On that ground, the Tribunal knocked off the accused’s argument.
On the issue of a pending ruling, the Tribunal held that the Federal High Court has the same jurisdiction with it and hence it is not bound by its ruling.
Justice Umar held that the Tribunal will go ahead with the trial.
The Tribunal also noted that it was clear that the accused person had been served with the summons, which was shown by the proof of service.
Umar held: “No court of co-ordinate jurisdiction can halt the proceedings of this tribunal.
“This tribunal called on the Senate President to come and stand his trial.
“The defendant is expected to respect the constitution he swore to.”
Justice Umar ordered Arase to produce Saraki before him on Monday to take his plea.
The tribunal later adjourned till Monday for arraignment.
In the charge, Saraki was alleged to have made false declaration in the Assets Declaration Form for Public Officers on assumption of office as the Executive Governor of Kwara State in 2003 by making anticipatory declaration of a property at 15A and 15B McDonald, Ikoyi, Lagos, when in actual fact the properties was sold to him in 2006 for N396,150,000 by the Implementation Committee on the Federal Government Landed Properties.
Saraki was said in the charge to have committed an offence under Section 15 of the Code of Conduct Bureau and Tribunal Act, Cap. C15, Laws of the Federation of Nigeria, 2004 and as incorporated under paragraphs 11(1) and (2) of Part I, Fifth Schedule of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and punishable under Section 23 (2) of the Code of Conduct Bureau and Tribunal Act and as incorporated under paragraph 18 of Part I, Fifth Schedule to Constitution of the Federal Republic of Nigeria 1999 (as amended).
Saraki was also alleged to have between October 2006 and May 2007, while he was the Governor of Kwara State, acquired a property from the Implementation Committee on the Federal Government Landed Properties for N497.2 million, a sum which is not fairly attributable to his income, gift or loan approved by the Code of Conduct for Public Officers and which he wrongly claimed to have acquired from proceeds of the sale of rice and sugar commodities.
The Senate president was said to have committed the offence under Section 15 of the Code of Conduct Bureau and Tribunal Act, Cap. C15, Laws of the Federation of Nigeria, 2004 and as incorporated under paragraphs 11(1) and (2) of Part I, Fifth Schedule of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
The offence is said to be punishable under Section 23 (2) of the Code of Conduct Bureau and Tribunal Act and as incorporated under paragraph 18 of Part I, Fifth Schedule to Constitution of the Federal Republic of Nigeria 1999 (as amended).
In addition, Saraki was alleged to have on June 3, 2011 made a false declaration in the Assets Declaration Form for Public Officers at the end of his tenure as Governor of Kwara State in 2011 by refusing to declare Plot 2A, Glover Road, Ikoyi Lagos, which he acquired between 2007 and 2008 through his company, Carlisle Properties Limited, from the Central Bank of Nigeria for N325 million.
The offence was said to have been committed under Section 15 of the Code of Conduct Bureau and Tribunal Act, Cap. C15, Laws of the Federation of Nigeria, 2004 and as incorporated under paragraphs 11(1) and (2) of Part I, Fifth Schedule of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
The offence is said to be punishable under Section 23 (2) of the Code of Conduct Bureau and Tribunal Act and as incorporated under paragraph 18 of Part I, Fifth Schedule to Constitution of the Federal Republic of Nigeria 1999 (as amended).
Saraki was also alleged to be operating a foreign bank account while he was the governor of Kwara State.
He was also alleged to have transferred $73,223.28 from his GTB domiciliary account No 441441953210 to the American Express Bank, New York card account No: 374588216836009.
The offence was said to have been committed contrary to paragraph 3, Part I, Fifth Schedule to the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Section 7 of the Code of Conduct Bureau and Tribunal Act and punishable under paragraph 9 of the said Fifth Schedule.
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