Court Strikes out Saraki’s Application to Stay Trial

  •  Adjourns Dasuki, Metuh, Kanu’s appeals

Tobi Soniyi in Abuja
The Abuja Division of the Court of Appeal has struck out an application by Senate President Bukola Saraki to stop his trial at the Code of Conduct Tribunal (CCT) pending the determination of his appeal.

The court struck out the application after it was withdrawn by Saraki’s lawyer, Chief Kanu Agabi (SAN).

Although the motion was slated for hearing, Agabi however informed the court that he was withdrawing the motion and apologised to the court for making the justices go through the voluminous processes he filed in respect of the appeal only for him to withdraw it.
The presiding judge, Justice Abdul Aboki, subsequently struck out the motion.

However, no date was fixed for hearing of the substantive appeal as Justice Aboki said the adjourned date would be communicated to the parties in the matter as soon as all the court processes have been filed and exchanged by the parties.

In the substantive appeal, the Senate president is challenging his trial at the tribunal on the grounds that due process was not followed before the 13-count charge was slammed on him.
Among others, Saraki is contending that he was not invited by the Code of Conduct Bureau (CCB) to make a statement on the alleged discrepancies in the assets declaration forms he submitted to the CCB as required by law before he was arraigned at the tribunal.

In another suit, the appeal filed by the former National Security Adviser (NSA), Col Sambo Mohammed Dasuki (rtd), could not be heard yesterday, as it was adjourned to a date to be communicated to the parties.

The appellate court could not hear the appeal following the inability of the federal government (respondent) to file the brief of argument.

The federal government’s counsel, Mr. Rotimi Jacobs (SAN), told the three-member panel of justices of the appeal court that the appellant’s brief of argument was served on him last week and that by the practice of the court, he had 10 days to file the respondent’s brief of argument.
Jacobs asked for a brief adjournment to enable him file his brief, to which Justice Aboki said that the date for hearing would be reserved until all processes had been filed.

Also, the appeal filed by the National Publicity Secretary of the Peoples Democratic Party (PDP), Chief Olisa Metuh, was adjourned to May 5, 2016 to enable the counsel to the EFCC, Mr. Sylvanus Tahir, file his brief of arguments to the issues raised by Metuh in his appeal.
Metuh is asking the Appeal Court to set aside the ruling of Justice Okon Abang of the Federal High Court in Abuja, that he has a case to answer in the money laundering and corruption charges brought against him by the federal government.

Destra Investment Limited, a company allegedly owned by Metuh, has engaged Tochukwu Onwubuifor (SAN) to represent it in its appeal on the matter. Dr. Onyeachi Ikpeazu (SAN) had withdrawn his representation from Destra Investment Limited.

Meanwhile, the appeal by the leader of the Indigenous People of Biafra (IPOB), Mr. Nnamdi Kanu, could not be heard yesterday, as it was not slated on the course list.
Justice Aboki subsequently adjourned Kanu’s appeal to May 5, 2016 for hearing.