Saraki
A legal luminary, Prof Frank Asogwa, on Sunday faulted the Code of Conduct Tribunal’s order for the arrest of Senate President, Bukola Saraki.
Asogwa, who is the Dean, Faculty of Law, Enugu State University of Science and Technology, ESUT, said it was wrong for the tribunal to give such order even when the matter was already before a high court.
The professor of law said a high court of competent jurisdiction was superior to any tribunal.
“In law, a high court is superior court to any tribunal; so, if Saraki has obtained an order from a federal high court restraining the CCT from further hearing, the order of the tribunal is a nullity.
“The CCT has to wait until the high court, which is superior court vacates the order before it can proceed with that matter,” he said.
He stressed that the position of high court remained superior to any tribunal, noting that the restraining order did not mean that the court had taken side.
“If the court in its wisdom discovered that the suspect has no good case, it will vacate its restraining order and the tribunal will continue with the matter.
“In law, the tribunal and court cannot be hearing a particular case at the same time, the tribunal has to wait”, he further stated.
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