Saraki Loses Bid To Dismiss Charges | Independent Newspapers Limited
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Saraki Loses Bid To Dismiss Charges

Posted: Mar 25, 2016 at 6:30 am   /   by   /   comments (0)

Senate President Bukola Saraki has failed in his bid to quash the 13-count of false assets declaration, as the Code of Conduct Tribunal dismissed his application yesterday.

Tribunal Chairman Danladi Umar dismissed Saraki’s application on the grounds that it lacked merit.

He held that Saraki was wrong to have requested the tribunal to be guided by its decision in the Bola Tinubu case.

Umar said the tribunal could not rely on its decision in the Tinubu case, having in subsequent cases departed from the position it took in the Tinubu case.

The tribunal chairman upheld the argument of lead prosecution lawyer Rotimi Jacobs (SAN) that the CCT, in subsequent judgments, realised that its decision in FRN v. Bola Tinubu was given per incuriam (without due regard to the law or the facts) and had departed from it and followed the constitution’s provision.

He held that Paragraph 3 (e) of Part 1 of the 3rd Schedule to the 1999 Constitution removed and omitted the proviso (in Section 3 (d) of the Code of Conduct Bureau and Tribunal (CCB/T) Act requiring written admission or denial.

“That proviso that is repeated in Section 3 (d) of the CCB/T Act cannot be sustained any longer under the 1999 Constitution. The decision in Tinubu’s case was given per incuriam and the tribunal should not follow such a decision,” he said.