Justice Abdul Kafarati of an Abuja Federal High Court, has dismissed the application brought before it by the Senate
President, Olubukola Saraki to squash the charges instituted against him at the Code of Conduct Tribunal (CCT).
Delivering his ruling, Justice Kafarati held that the application did not tally with Section 4 of the 1999 Constitution as amended, which premises on the infringement of his fundamental human rights.
Saraki had approached the court, asking it to put an end to his trial at the CCT, describing the trial as a breach of his fundamental human rights enshrined in section 4 of the constitution and an obstruction to his duties at the National Assembly.
The trial Judge, averred in his ruling that the CCT is a constitutional body, in the discharge of its legal obligation which should not be interfered with by a court of law.
According to him, “this court cannot interfere with the proceedings before the tribunal; it cannot also interfere with the duties of the respondents which have been imposed on them by law”.
He held that the applicant’s claims that the CCT’s trial falls shot of the constitutional requirements is a sentimental claim that has no bases in law”
Since the same appeal by the applicant was dismissed by the Court of Appeal, the court said that it is inappropriate for the applicant to approach the Federal High Court, seeking similar redress.
“If the court grants the application, their will be conflict with the ruling of the appelate Court. I do not see the need to go to the merit of the case”, he said.
On abuse of court process, Kafarati said it is inappropriate for the applicant to approach the court seeking to squash the charges against him since the appellate court had made its ruling on the same kind of application. He said the
Federal High Court will not interfere with the responsibilities of the respondents.
Saraki is currently facing trial for false declaration of assets before the CCT.
