A Federal High Court, Abuja, will hear the
Attorney General of the Federation counter motion on Bukola Saraki’s Code of
Conduct trial on December 2.
Mr. Saraki, who is the President of
Senate, is challenging the legality of the Code of Conduct Tribunal (CCT) to
try him.
He joined the AGF, ICPC, EFFC,
Inspector-General of Police, Ataedze Adza, Sam Saba, Mohammed Diri, M.S Hassan,
CCB, CCT and Justice Danladi Umar, as co-defendants.
Mr. Jacobs told the court that he filed
Notice of Preliminary Objections on behalf of the AGF, EFCC, ICPC, IGP, CCB, CCT,
challenging the jurisdiction of the court to entertain the suit.
Mr. Jacobs argued that the applicant’s
suit constituted an abuse of court process, saying that the suit did not
disclose a reasonable cause of action.
According to him, all the reliefs being
sought by the applicant are not available under the law.
He submitted that the sole issue for
determination was whether the suit was not liable to be dismissed on grounds of
lack of jurisdiction, abuse of court process and incompetence.
Mr. Jacobs submitted that the court of
appeal had earlier ruled against the applicant in the same matter where he
urged the appellate court to nullify the charge against him at the tribunal.
He said the appellate court directed the
applicant to go back to the tribunal and face criminal charges, saying the
tribunal was properly constituted, competent to trial the applicant.
Mr. Jacobs said the application was an
abuse of court process.
He said the court had earlier refused an
application brought by the applicant seeking for an exparte injunction
restraining EFCC, ICPC, from arresting the applicant.
Mr. Saraki’s Counsel, R. A Oluyede, told
the court that the case was slated for the AGF to show cause why the interim
order earlier granted by the court was not obeyed.
Recall that Mr. Saraki also filed a fresh
application seeking for enforcement of his fundamental right.
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