A Federal High Court in Abuja has said that the case of the Senate President, Bukola Saraki, is an abuse of court process.
Saraki had challenged his trial at the Code of Conduct Tribunal (CCT) as a breach of his fundamental human right.
In his judgment on Friday, April 15, 2016, Justice Abdulkadiri Kafarati, said that the fear expressed by Saraki that he would not get justice at the CCT was speculative, misplaced and had no place in law.
The judge based his decision on the preliminary objection of the Federal Government against Saraki’s suit. He agreed that it was too early for Saraki to have brought the issue of fundamental rights to fair trial when the tribunal had not concluded its findings on the falsification of assets charges brought against him.
Kafarati also held that the applicant was wrong in raising the issue of fundamental rights to seek nullification of trial when in the real sense his case did not fall within Chapter 4 of 1999 Constitution.
According to the judge, the CCT is a competent tribunal which derives its powers from the CCT Act and it has the powers to try criminal matters. He said that the prayer four which the plaintiff said was politically motivated was sentimental, adding that sentiments had no basis in law.
The judge also held that this court would not interfere with the constitutional duty of the respondents in the case as doing so would amount to ruling the constitution.
Kafarati agreed with the submission of Mr. Rotimi Jacobs (SAN) that Saraki’s case constituted a gross abuse of court process. He said this was so because he had already taken the same case to the Federal High Court, Lagos, Court of Appeal and even the Supreme Court, where decisions were made against him.
Kafarati, therefore, upheld the preliminary objection of the Federal Government to the case and he subsequently dismissed the case, saying there was no need to go into the substantive matter.
Saraki was arraigned by the Federal Government on a 13 count-charge bordering on false assets declaration and money laundering before the CCT.
Saraki, through his lawyer, Mr Raphael Oluyede, claimed in the suit that he could not get justice from the tribunal Chairman, Mr Danladi Umar, because he was being investigated by Economic and Financial Crimes Commission.
