By James Sunday
LEGISREPORTS NG – An appeal court sitting in the federal capital territory, Abuja has ordered a stay of execution over the arrest warrant issued against Senate President Bukola Saraki by the code of conduct tribunal.
The appeal court order was granted on Monday morning.
The Senate President, Senator Bukola Saraki, had filed an appeal challenging the ruling of the Code of Conduct Tribunal which ordered the Inspector-General of Police, Mr Solomon Arase, to arrest and produce him before the tribunal on Monday, September 21.
In his ground of appeal, Senator Saraki through his counsel, Joseph Daudu, submitted that the tribunal erred in law and also acted without jurisdiction by assuming jurisdiction over the criminal trial of the appellant at the Code of Conduct Tribunal for a charge which is being challenged at the Federal High Court.
Senator Saraki, in his appeal, stated that as at the time the tribunal overruled the appellant’s application to discharge the order for bench warrant for his arrest by the respondent, there was an order of the Federal High Court which was served on the tribunal.
He further submitted that the appellant filed an application dated September 17, challenging the jurisdiction of the tribunal to adjudicate on the charge brought before it.
The Senate President also submitted that it was trite that when an accused files an application challenging the jurisdiction of a court/tribunal to adjudicate on a charge brought before it, the accused need not be in court.
The appellant therefore asked the Court of Appeal to set aside the order of the Code of Conduct Tribunal.
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