The Senate President, Olubokola Saraki, after unsuccessful attempt to challenge the jurisdiction of the Code of Conduct Tribunal (CCT) to put him under criminal trial, has been placed in the duct by the tribunal chairman, Justice Dalandi Umar.
At the resumed hearing on Tuesday, Saraki's lead defence Counsel, JB Daodu (SAN), raised an objection of jurisdiction of the court, saying that CCT is not a court of criminal jurisdiction, "therefore the administration of criminal court does not apply".
Daodu citing Section 693, paragraph 18 (1) of the Constitution, states that the offences before the tribunal are mentioned the breaches of the court and not a criminal case.
The lead Counsel also cited the ruling of the high court in the case of Joshua Dariye, which ruled that CCT does not have jurisdiction over criminal cases. He also noted the fact that CCT is not a court under section 6 for the constitution and therefore lacks the jurisdiction to try the accused under criminal act where he would be required to be present and in the dock.
Opposing the objection, the Prosecuting Counsel Rotimi Jacobs the drew the attention of the fact that the court has rule on the jurisdiction last week Friday, September 17. Rotimi said even in his on submission, the Defence Counsel admitted that the court can try criminal cases. He mentioned section 2 subsection 1, which states that the Tribunal trial is criminal in nature.
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