Saraki filed the motion for stay of proceedings along with his nine-ground notice of appeal on Monday to stop his trial which begins at the CCT on Tuesday (today).
The notice of appeal was filed to challenge the ruling of the CCT which, on March 24, 2016, dismissed the Senate President’s application, challenging the jurisdiction of the tribunal to hear the case.
The two-man panel of the CCT, led by Mr. Danladi Umar, had, after dismissing Saraki’s application on March 24, fixed April 5 (today) for the commencement of trial.
But Saraki is still playing smart. He has started fresh moves to make sure his trial is frustrated.
It was confirmed on Monday night that both the notice of appeal and the motion for stay of proceedings were served on the tribunal and the prosecution on Monday.
According to Punch, Saraki’s application was argued by a consortium of about 80 lawyers, led by a former Attorney General of the Federation and Minister of Justice, Chief Kanu Agabi (SAN).
The fresh appeal is challenging the CCT’s ruling, which had resolved all the issues raised by the Saraki against him and affirmed that it had jurisdiction to hear the case.
The Federal Government is prosecuting Saraki on 13 counts of false and anticipatory asset declaration, which he allegedly made in his four forms which he submitted to the Code of Conduct Bureau at the beginning and end of his two terms as the Governor of Kwara State between 2003 and 2011.
Umar, who read the ruling of the CCT dismissing Saraki’s application challenging his trial, had directed the prosecution to open its case.
In its ruling, the tribunal ruled that contrary to Saraki’s claims, the AGF was competent to institute charges before the CCT.
It ruled that Saraki’s contention that he was being illegally prosecuted for offences allegedly committed about 13 years ago was out of place.
The CCT chairman agreed with the lead prosecuting counsel, Mr. Rotimi Jacobs (SAN), that the argument by Saraki that there must be an official complaint against him within a reasonable time of his submitting the declaration, was baseless.
The tribunal chairman held that there could be no clearance by implication unless it was expressly stated by the statute, noting that time never could ever run against the state.
“It is not out of place to charge the accused person now and ask him to answer to the charges against him as there is no statute of limitation in relation to his case,” Umar said.
The Federal Government is prosecuting Saraki on 13 counts of false and anticipatory asset declaration, which he allegedly made in his four forms which he submitted to the Code of Conduct Bureau at the beginning and end of his two terms as the Governor of Kwara State between 2003 and 2011.
Umar, who read the ruling of the CCT dismissing Saraki’s application challenging his trial, had directed the prosecution to open its case.
In its ruling, the tribunal ruled that contrary to Saraki’s claims, the AGF was competent to institute charges before the CCT.
It ruled that Saraki’s contention that he was being illegally prosecuted for offences allegedly committed about 13 years ago was out of place.
The CCT chairman agreed with the lead prosecuting counsel, Mr. Rotimi Jacobs (SAN), that the argument by Saraki that there must be an official complaint against him within a reasonable time of his submitting the declaration, was baseless.
The tribunal chairman held that there could be no clearance by implication unless it was expressly stated by the statute, noting that time never could ever run against the state.
“It is not out of place to charge the accused person now and ask him to answer to the charges against him as there is no statute of limitation in relation to his case,” Umar said.
Saraki and his lawyers are taking this action after the Supreme Court had ruled that his trial must go on.
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