The Senate President, Bukola Saraki, has taken his case to the Appeal Court in an attempt to upturn Thursday’s ruling of the Code of Conduct Tribunal in Abuja, dismissing his application seeking the Tribunal Chairman, Danladi Umar, to disqualify himself from further presiding over his (Saraki’s) trial.
Saraki, through his counsel, Ajibola Oluyede, filed the three grounds notice of appeal before the Abuja Division of the Court of Appeal shortly after the two-man panel of the CCT dismissed his motion on Thursday.
Oluyede’s grounds of appeal include that the ruling amounted to miscarriage of justice, adding that the CCT erred in law by allowing Umar “to single-handedly decide that the application for recusal (disqualification) lacks absolute merit”.
He also argued that by so doing , the CCT “essentially” allowed Umar to be Judge in his own case.
He argued further in the first grounds that the situation led to the CCT’s ruling “that was essentially a tirade against the office of the Attorney-General of the Federation which had in reaction to the ‘investigation report’ dated June 24, 2014 forwarded to him by th EFCC seeking his ‘further directives’ instructed the EFCC to prosecute the said Hon. Justice Umar on circumstantial evidence.”
In the second grounds of appeal, Oluyede argued that the CCT erred in law “when it decided that the application lacks absolute merit, merely because Justice Umar is of the opinion that the Attorney-General of the Federation has not constitutional right to investigate and lacked authority therefore to give instructions to the EFCC to prosecute him”.
The lawyer argued in the third grounds that the CCT erred in law “when it abandoned the main purport of the recusal (disqualification) and ignored the submissions of counsel thereon only to begin to write a ruling comprised of facts and arguments that are only know to Justice Umar and not raised or introduced by any parties in order to arrive at a conclusion not urged upon him by any of the parties concerning the constitutional and statutory relationship between the AGF and the EFCC”.