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