Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



SARAKI
V.
FEDERAL REPUBLIC OF NIGERIA

(2016) JELR 57629 (SC)    

Supreme Court  ·  SC. 852/2015 ·  5 Feb 2016 ·  Nigeria
CORAM
WALTER S. NKANU ONNOGHEN JSC (Read the Lead Judgment) IBRAHIM TANKO MUHAMMAD JSC NWALI SYLVESTER NGWUTA JSC KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC CHIMA CENTUS NWEZE JSC AMIRU SANUSI JSC

Ratio Decidendi

Core Terms Beta
tribunal
code of conduct tribunal
senior counsel
5th schedule
code of conduct bureau
tribunal act
attorney-general of the federation
court of appeal
federal high court
bench warrant
issue no.
order of the federal high court
administration of criminal justice act
general of the federation
majority decision of the court of appeal
public officers
quorum of the tribunal
said tribunal
sitting attorney-general of the federation
contravention of the provisions of paragraph
court of limited criminal jurisdiction
interpretation of the constitution
provisions of the interpretation act
acts of the national assembly
appeal of the appellant
clear wording of section
composition of the tribunal
criminal proceeding
facts of the case
further submission
majority decision
ruling of the code of conduct tribunal
above conclusion
appeal no. ca
appellant appear
charge no. cct
court of criminal jurisdiction
criminal charge
discovery of these alleged violations of the code
exercise of powers
following issues
judgment of the court of appeal
lower tribunal
none of the punishments
ordinary meaning of the provision
relevant agencies of government
said office
sitting attorney
two-term governor of kwara state
validity of the criminal proceedings

ONNOGHEN JSC (DELIVERING THE LEADING JUDGMENT): This is an appeal against the judgment of the Court of Appeal, holden at Abuja in appeal No. CA/A/551/2015, delivered on 20 October 2015 in which the court dismissed the appeal of the appellant against the ruling of the Code of Conduct Tribunal in charge No. CCT/ABJ/01/2015, delivered on 18 September 2015, in which the tribunal held that the criminal charge preferred against the appellant was competent, despite the absence of a sitting Attorney-General of the Federation and issued a bench warrant against the appellant for his failure to appear before the tribunal and answer/plea to the charges preferred against him. The facts of the case, as can be gathered from the record include the following: the appellant was a two-term Governor of Kwara State, between May 2003 and May 2011. While in the said office, the appellant filed as required by law, four asset declaration forms and submitted same to the Code of Conduct Bureau.

These forms were …

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