Abuja - The Court of Appeal on Monday in Abuja struck out an application filed before it by the Senate President, Dr Bukola Saraki to stop his appearance at the Code of Conduct Tribunal.
The tribunal had on Friday issued a warrant for Saraki’s arrest following his failure to appear before the court to defend charges brought against him.
Ruling, the presiding judge, Justice, Morre Adunmein, held that the court was not inclined to grant the appellant’s prayers without diligently giving room for other respondents to state their positions.
"We have read the motion exparte and have also averted our minds to the decision of the Code of Conduct Tribunal on the matter.
"We are of the view that the respondents be put on notice and therefore, the prayers are refused and the application struck out.
"The matter is adjourned to September 29 while the team of counsel to the appellant should within the period effect services on the identified respondents," he said.
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The Senate President had approached the appellate court with a motion pursuant to Order 7 Rule 4 of the practice direction.
The appellant had prayed for an order of stay of execution of the decision of the Tribunal delivered on Sept. 18 which ordered a "bench warrant" for the arrest of Saraki.
Saraki had also prayed for stay in the proceedings at the Tribunal pending the determination of the substantive matter.
The 16 paragraph application was couched on 14 grounds bearing a total of four exhibits.
Speaking after the session, counsel to Saraki, Adebayo Adeludo (SAN) said the court ought to have used its discretion in favour of his client.
According to him, the respondents have been served with the notice of the application already.
He also said the court should have protected the Senate President from the daily harassment and threat of the police, adding that his client’s appeal was before a superior court.
"We are going to meet over this and come out with the next line of action," he said.
The Chairman of the Tribunal, Justice Danladi Umar, had directed the Inspector General of Police to effect the arrest of Saraki and produce him before the Tribunal on Monday.