The Court of Appeal has dismissed the ex-parte application by Senate President Bukola Saraki seeking to set aside the order made on Friday by the Code of Conduct Tribunal (CCT) issuing bench warrant for his arrest.
It said it cannot interfere with the proceedings pending at the lower court.
It would be in the interest of notice for the respondents to be put on notice, it said.
Consequently, the ex-parte application refused and the motion on notice set down for hearing on September 29.
Justice Armed Mohammed of the Federal High Court, in another ruling, refused a similar application by Saraki.
He adjourned to September 30 for the hearing of the substantive suit by Saraki, challenging the competence of charge before the CCT and the preliminary objection filed by the CCT, Code of Conduct Tribunal and Federal Ministry of Justice.
Justice Mohammed held that, in view of the constitutional and radical nature of the issues raised in the respondents’ objection, it was reasonable for the court not to waste time on interlocutory applications.
Also, the Code of Conduct Tribunal on Monday restated its order directing the Inspector General of Police to arrest and produce the Saraki before it by 10.00a.m today, to answer charges pending against him.
The tribunal led by Justice Danladi Umar rejected Saraki’s lawyer’s prayer that it stays proceeding to await the outcome of an appeal he filed against the bench warrant earlier issued last Friday.
The tribunal also discountenanced the argument by Saraki’s lawyer, Joseph Daudu (SAN), that the newly passed Administration of Criminal Justice Act (ACJA) – which seeks to discourage undue delay – is not applicable to the tribunal.
It noted that the purported order made last week by Justice Ahmed Mohammed of the Federal High Court, Abuja, did not stay the proceedings before the tribunal.