A Federal High Court in Abuja has
rejected a fresh application by the Senate
President, Bukola Saraki, seeking an order
of interim injunction to stop his trial on
charges of false asset declaration before
the Code of Conduct Tribunal.
The fresh fundamental rights enforcement
suit is the third which the Senate
President has filed before both the Lagos
and Abuja divisions of the Federal High
Court to stop his trial since September,
when the Federal Government filed the
charges against him.
Our correspondent learnt on Wednesday
that Justice Abdulkadir Abdul-Kafarati on
Monday (November 16) refused to grant
the order of interim injunction sought by
Saraki through an ex parte application.
Rather than grant the ex parte motion
moved by the Senate President’s lawyer,
Mr. Ajibola Oluyede, Justice Abdul-
Kafarati ordered the respondents to the
suit to appear before the court on Friday
to show cause why the prayers sought by
Saraki should not be granted.
A copy of the court order sighted by our
correspondent on Wednesday showed
that the fresh suit was filed by Saraki the
same day a similar one which he filed
before Justice Ibrahim Buba of the Lagos
Division of the Federal High Court was
struck out for lack of jurisdiction.
Justice Buba had struck out the suit on
the grounds that it ought to have been
filed in Abuja where he said was the place
issues that were being complained of by
Saraki arose, instead of Lagos.
The order of Justice Abdul-Kafarati, made
on November 16 after hearing Saraki’s ex
parte application, came barely four days
after the Supreme Court on November 12
granted an order of stay of proceedings
on the Senate President’s trial before the
CCT.
The Justice John Fabiyi-led panel of the
apex court had halted the CCT’s
proceedings pending when Saraki’s main
appeal challenging the competence of the
charges and the jurisdiction of the
tribunal to try him would be determined
by the apex court.
Saraki had in the ex parte application
sought a number of prayers asking for an
order of interim injunction to halt his trial
on 13 counts of false asset declaration
before the CCT.
But in refusing to grant the restraining
orders sought by Saraki, the judge ruled,
“That the respondents are hereby
directed to appear before this court on
Friday, November 20,2015 to show cause
why the orders in the motion ex parte
will not be granted.
“That the matter stands adjourned till the
20th day of November 2015 for the
respondents to appear to show cause.”
The new suit, FHC/ABJ/CS/905/2015, has
the same set of 11 respondents, like the
old one.
The respondents include the Attorney-
General of the Federation, Mr. Abubakar
Malami (SAN), the Economic and Financial
Crimes Commission, the Independent
Corrupt Practices and other related
offences Commission and the Inspector-
General of Police, Mr. Solomon Arase.
Others are the Code of Conduct Bureau,
the CCT; the CCT chairman, Justice
Danladi Umar; Mr. Ataedzeagu Adza, CCB
chairman, Mr. Sam Saba; Director of
Public Prosecutions of the Federal
Ministry of Justice, Mr. Mohammed Diri;
and a Deputy Director in the ministry,
Mr. Muslim Hassan.
Saraki was arraigned in September before
the CCT on charges of false assets
declaration which he allegedly committed
in 2003 while he was Kwara State
Governor.
In the fresh suit, he seeks as he sought in
the former suit a declaration that his trial
at the CCT falls short of the requirements
of Article 3 of the African Charter on
Human and Peoples Rights and Section 36
of the 1999 Constitution.
He said there was a “clear appearance of
bias” against him, as well as an “apparent
pursuit of a pre-determined agenda for
the humiliation and conviction of the
applicant.”
The Senate President sought an order
nullifying the charges at the CCT and an
order restraining the tribunal from
continuing with his trial.
The applicant prayed the court to restrain
the AGF, EFCC, Saba, Diri and Hassan from
continuing with the trial at CCT or any
other judicial forum.
He further sought a declaration that the
“obvious subjugation and use of the
respondents against the applicant for the
political objectives of the ruling political
party at the federal level, the All
Progressives Congress, amounts to an
exercise of executive power for ulterior
motives and not for the public good…”
