The
Federal Government argued in its notice of preliminary objection filed
through its counsel, Mr. Rotimi Jacobs (SAN), that the court lacked
jurisdiction to entertain the suit and that “it constitutes an abuse of
court process”.
Jacobs
also argued in the application which he filed on Friday that the suit
failed to disclose a reasonable cause of action and that “the reliefs
being sought by the applicant (Saraki) are not available under the law”.
Jacobs
also filed a separate counter-affidavit in opposition to the suit
contending that the prosecution followed due process in filing the
charges against Saraki and did not infringe on his right fair hearing.
The
matter scheduled for hearing before Justice Abdukadir Abdu-Kafarati on
Friday could not go on because some of the respondents to the suit had
not been served with the court order directing them to appear before the
court to show cause why the prayers sought by Saraki in his ex parte
application should not be granted.
Justice
Abdu-Kafarati had on November 16 rejected an ex parte application filed
on November 6 by Saraki’s lawyer, Mr. Ajibola Oluyde, asking for an
interim injunction to stop the proceedings of the CCT pending the
determination of his main fundamental rights enforcement suit.
Rather than grant the order on November 16, the judge had directed
respondents to the suit to appear in court on Friday to show cause why
the prayers sought by the plaintiff in his ex parte motion should not be
granted.
The
respondents to the suit include, 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, Umar; the
second member of the CCT panel, 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.
But on Friday only the AGF, the EFCC, ICPC, Arase, Diri and Hassan, were represented by their lawyers in court.
The
rest of the respondents had no legal representation in court, but the
judge noted that the hearing could not go on since there was no evidence
that Justice Danladi, Adza and Saba, who were sued in their personal
capacities had been served with the court order and other relevant
processes.
The
judge therefor adjourned till December 2 by the time which all the
respondents are expected to have been served and they could appear
before the court to show cause why Saraki’s prayers in his motion ex
parte should not be granted.
The
order of Justice Abdul-Kafarati made on November16 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 of the
Senate President’s trial before the CCT.
Already
the Supreme Court ordered stay of 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 alleged in his fresh suit that the charges preferred against him before the CCT infringed on his right to fair hearing.
He
therefore sought an order nullifying the charges and the proceedings of
the CCT on the grounds that they allegedly fell short of the
requirements of Article 3 of the African Charter on Human and Peoples
Rights and Section 36 of the 1999 Constitution.
He
also sought an order restraining the AGF, EFCC, ICPC, IGP and CCB from
prosecuting him based on alleged offences he committed while serving as
Kwara State governor.
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