Drama as A-Court panel disagree over Saraki’s trial

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The propriety of the 13-count criminal charge against the Senate President, Dr. Olubukola Saraki has created a sharp division among Appeal Court Justices.
Whereas Justice Moore Adumein dismissed the appeal that was lodged by Saraki as lacking in merit, another member of the panel, Justice ‎ J.E. Ekanem upheld the appeal, declaring the charge before the CCT as incompetent.
Justice Ekanem specifically quashed the charge and discharged Saraki on the basis that the Deputy Director at the Ministry of Justice, M. M. S. Hassan who signed the charge, did not specify who authorised him to initiate the ‎criminal proceeding.



“A look at the charge showed that Mr. Hassan instituted the action pursuant to section 24 of the Code of Conduct Bureau and Tribunal Act, 2004 which permits only the Attorney General of the Federation to initiate criminal proceedings”.
Justice Ekanem stressed that though the constitution permits the Solicitor-General of the Federation, SGF, to commence criminal action in the absence of the AGF, he said that Hassan failed to produce any document showing that he was properly authorised by th‎e SGF.
“The opening paragraph of the letter Hassan sent to the CCT on September 11, wherein he applied to commence trial against the appellant is very instructive.
“He merely said ‘ I am authorised to file this action’ but did not say that he was authorised by the Solicitor-General. He went short of identifying who authorised him.
“It is therefore my view that the charge before the tribunal is incompetent. It is for this view that I hold that this appeal has succeeded and I hereby set-aside the charge and discharge the accused person”, ‎Justice Ekanem held.
However, the third member of the panel , Justice M. Mustapha, concurred with the lead verdict which declined to quash the charge against Saraki.

Vanguard


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