A Lagos Federal High Court, has struck out an application of fundamental human right filed by the Senate President, Dr. Olubukola Saraki, to stop his on-going trial before the Code of Conduct Tribunal, in Abuja, for lack of jurisdiction.
The Senate President in a suit marked FHC/L/CS/1507/15, filed by his lawyer, Mr. Ajibola Oluyede, had dragged the Attorney-General of the Federation, AGF, the Economic and Financial Crimes Commission, EFCC, Independent Corrupt Practices Commission, ICPC, Inspector-General of Police, IGP, and Code of Conduct Bureau, CCB, as first to fifth respondents.
Others dragged before the court are; Code of Conduct Tribunal, CCT, its. Chairman, Justice Danladi Umar; Mr. Ataedze Agu A.; Mr. Sam Saba; Mr. Mohammed Diri and Mr. M. S. Hassan, as six to 11 respondents.
Senator Saraki in the suit sought for court declaration that his on-going arraignment and trial before the Code of Conduct Tribunal, CCT, as constituted by seven and eight respondents fall short of the requirement of Article 3 of the African Charter on Human and Peoples' Rights, and Section 36 of the Constitution of federal republic of Nigeria, which was in of the clear appearance of bias against him, and the apparent pursuit of pre-determined agenda for his humiliation and and conviction.
He also wants a court order nullifying the charges brought against him by the first, second, nine, ten and eleven respondents before the CCT, consisting relating to assist declaration which have nit been the subject of the procedure prescribed by the CCB Act LFN 2004, in breach of his fundamental rights to equality before the law and fair hearing as guaranteed by the Article 3 of the African Charter of human and people rights and Section 36 of the Constitution of federal republic of Nigeria.
Dr. Saraki also sought for court order restraining the first to fifth respondents from inviting, arresting, harassing, persecuting or prosecuting him on the basis of any allegation of wrongdoing arising before or from his tenure as governor of Kwara state between 2003-2011, in view of the breach of his fundamental rights to a speedy trial, fair hearing and his exoneration by the AGF and judgment of an Abuja Federal High Court, in a suit marked FHC/ABJ/CS/152/2014.
At the the hearing of the suit, lawyer to the respondents, Mr. Rotimi Jacob, SAN, in response to the suit, urged the court to discountenance the reliefs sought by the applicant, owing to the fact that same suit was filed and dismissed by an Abuja Federal High Court.
Mr. Jacob, SAN, also informed the court that the Federal High Court of Lagos do not have jurisdiction to entertain the suit.
He therefore urged the court to dismiss the suit for lack of jurisdiction.
Justice Ibrahim Buba while ruling on the Senate President's fundamental right application said all the material placed before the court is inconsistent, and that the court lack jurisdiction to entertain the application.
Consequently, Justice Buba struck out the suit for lack of jurisdiction.
The Senate President in a suit marked FHC/L/CS/1507/15, filed by his lawyer, Mr. Ajibola Oluyede, had dragged the Attorney-General of the Federation, AGF, the Economic and Financial Crimes Commission, EFCC, Independent Corrupt Practices Commission, ICPC, Inspector-General of Police, IGP, and Code of Conduct Bureau, CCB, as first to fifth respondents.
Others dragged before the court are; Code of Conduct Tribunal, CCT, its. Chairman, Justice Danladi Umar; Mr. Ataedze Agu A.; Mr. Sam Saba; Mr. Mohammed Diri and Mr. M. S. Hassan, as six to 11 respondents.
Senator Saraki in the suit sought for court declaration that his on-going arraignment and trial before the Code of Conduct Tribunal, CCT, as constituted by seven and eight respondents fall short of the requirement of Article 3 of the African Charter on Human and Peoples' Rights, and Section 36 of the Constitution of federal republic of Nigeria, which was in of the clear appearance of bias against him, and the apparent pursuit of pre-determined agenda for his humiliation and and conviction.
He also wants a court order nullifying the charges brought against him by the first, second, nine, ten and eleven respondents before the CCT, consisting relating to assist declaration which have nit been the subject of the procedure prescribed by the CCB Act LFN 2004, in breach of his fundamental rights to equality before the law and fair hearing as guaranteed by the Article 3 of the African Charter of human and people rights and Section 36 of the Constitution of federal republic of Nigeria.
Dr. Saraki also sought for court order restraining the first to fifth respondents from inviting, arresting, harassing, persecuting or prosecuting him on the basis of any allegation of wrongdoing arising before or from his tenure as governor of Kwara state between 2003-2011, in view of the breach of his fundamental rights to a speedy trial, fair hearing and his exoneration by the AGF and judgment of an Abuja Federal High Court, in a suit marked FHC/ABJ/CS/152/2014.
At the the hearing of the suit, lawyer to the respondents, Mr. Rotimi Jacob, SAN, in response to the suit, urged the court to discountenance the reliefs sought by the applicant, owing to the fact that same suit was filed and dismissed by an Abuja Federal High Court.
Mr. Jacob, SAN, also informed the court that the Federal High Court of Lagos do not have jurisdiction to entertain the suit.
He therefore urged the court to dismiss the suit for lack of jurisdiction.
Justice Ibrahim Buba while ruling on the Senate President's fundamental right application said all the material placed before the court is inconsistent, and that the court lack jurisdiction to entertain the application.
Consequently, Justice Buba struck out the suit for lack of jurisdiction.
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