Justice Abdulkadiri Kafarati of a Federal High Court in Abuja has said that the case filed by Senate President, Bukola Saraki to stop his trial at the CCT, constituted a gross abuse of court process.
He said this is because the same case had also been taken to the Federal High Court, Lagos, Court of Appeal and even the Supreme Court, where decisions were made against him.
While dismissing the case, Kafarati, upheld the preliminary objection of the Federal Government to the case, saying there was
no need to go into the substantive matter.
Kafarati, stated this on Friday, while delivering judgment on the suit filed by Saraki challenging his trial at the Code of Conduct Tribunal (CCT) which he argued was a breach of his fundamental human right.
But Kafarati contended, 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 also noted, 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 in the real sense Saraki’s case did not fall within Chapter 4 of 1999 Constitution, and that by so the applicant was wrong in raising the issue of fundamental rights to seek nullification of trial.
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 added, that the prayer 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.
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