The Court of Appeal sitting in Abuja has stopped the proposed arrest of the President of the Senate, Dr. Abubakar Bukola Saraki, by the Code of Conduct Tribunal.
The Tribunal had on Friday issued the order for Saraki’s arrest for failing to honour its invitation.
The Chairman of the Tribunal, Justice Danladi Umar, had directed the Inspector General of Police, Solomon Arase, to effect the arrest of Saraki and produce him before the Tribunal on Monday (today).
As at Sunday, the police said it was yet to receive official communication from the Tribunal for Saraki’s arrest.
Meanwhile, Senate President Bukola Saraki last Friday after the ruling of the Code of Conduct Tribunal which ordered his arrest stormed the Court of Appeal, Abuja to stop the order of the tribunal.
The Tribunal had ordered the Inspector-General of Police, Solomon Arase or any other security agency, to arrest and produce Saraki in court on or before Monday, 21st September 2015.
In the appeal filed by his counsel, Joseph Daudu (SAN), he submitted that the tribunal erred in law and also acted without jurisdiction by assuming jurisdiction over the criminal trial of the appellant at the Code of Conduct Tribunal for a charge which is being challenged at the Federal High Court.
Saraki, in his appeal, stated that as at the time the Tribunal overruled the appellant’s application to discharge the order for bench warrant for his arrest by the respondent, there was an order of the Federal High Court which was served on the tribunal.
He further submitted that the appellant filed an application dated 17thSeptember 2015, challenging the jurisdiction of the tribunal to adjudicate on the charge brought before it.
The Senate President also submitted that it was trite that when an accused files an application challenging the jurisdiction of a court/tribunal to adjudicate on a charge brought before it, the accused need not be in court.
The appellant therefore asked the Court of Appeal to set aside the order of the Code of Conduct Tribunal.
However, with the notice of the action in the Court of Appeal, the Tribunal is expected to step down its action pending the determination of the Appeal. This automatically should stop the forcible appearance of saraki before the tribunal.