The Court of Appeal yesterday adjourned, indefinitely, ruling on the appeal filed by the Federal Government challenging the decision of the Federal High Court sitting in Abuja to the effect that the Code of Conduct Tribunal had no power to try Vice President Atiku Abubakar over allegations of corruption.
Justice Mohammed Danlami, who led four other justices in hearing the case, yesterday stated at the end of over two hours of arguments by counsels to the appellant and the respondents that �judgment is reserved sine die� (that is indefinitely).
Justice Chikere Anwuri of the Federal High Court had ruled in January that the Code of Conduct Tribunal had no power to try the Vice President saying it would amount to an infringement of section 308 of the 1999 constitution.
Counsel to the Federal Government, Chief Afe Babalola (SAN) had argued earlier that the matter before the appellate court was very important.
�I wish to elaborate on the special nature of the Code of Conduct bureau as enshrined in our constitution. The Code of Conduct Tribunal is a special body. What ignited the current controversy was the filing of a charge containing 18 counts by the Attorney General of the Federation before the Code of Conduct Tribunal against the Vice President�, he said.
He averred that the charges were breaches of some paragraphs of the Code of Conduct, including but not limited to, failure of the respondent to declare his assets as stipulated by law.
In further arguing his case, Babalola stated that the Tribunal can not be described as a criminal court and the proceedings before it were not criminal cases citing four basic reasons for this submission.
Lead counsel to Vice President Atiku Abubakar, Chief Wole Olanipekun (SAN), in his argument cited a recent Appeal Court case, Abu versus AGF, saying �Can the state direct the arrest of a serving Vice president? Nobody can order the arrest of a serving Vice President.�
While affirming that the aforementioned judgment was binding on the court, Olanipekun stressed that �the court can not depart from its own judgment under the ratio decisis. This matter is built around Section 308, no more, no less.�
Olanipekun also submitted that the Code of Conduct Tribunal is an inferior court to the Federal High Court or the High Court of the Federal Capital Territory adding that the Tribunal is subjected to the supervision of the higher courts.
�We urge your Lordships to dismiss this appeal and uphold the judgment of the lower court which accords logic, reason and constitution which is our ground norm�, he said.
Mar272007