The Court of Appeal, Abuja division will on October 19 deliver judgment in an appeal brought against the federal government by the Senate President, Dr. Bukola Saraki, challenging the legality of his trial at the Code of Conduct Tribunal over alleged false assets declaration.

The appellate court fixed the date yesterday after taking final brief of arguments from counsels to parties in the suit.

Justice Moore Adumein, who led two other justices to hear the case announced that the verdict would be handed down by 2pm.

Former President of the Nigerian Bar Association (NBA) Mr. Joseph Daudu led five other Senior Advocates of Nigeria (SAN) comprising Malam Yusuf Ali, Mr. Ahmed Raji, Adebayo Adelodun, Mahmud Magaji and Kayode Eleja to argue the case for the senate President.

In his argument, Daudu raised five major issues for the court to determine the legality of trial of Senator Saraki at the code of conduct tribunal. Among others, the appellant counsel argued that the code of conduct tribunal erred in law by proceeding with the trial with two members instead of mandatory three as provided by the constitution.

He informed the court that composition of the tribunal during the trial of Saraki violated paragraphs 15(1) of the 1999 constitution by seating with two members instead of three and asked the court to nullify the CCT proceedings of last month due to lack of quorum.

The appellant counsel disagreed with the arguments of the federal government counsel Mr. Rotimi Jacobs SAN that the Interpretation Act can be used to resolve the constitutional logjam since the constitution was silent on the quorum for the tribunal membership.

Daudu insisted that the Interpretation Act cannot override the constitution been the supreme law and the Act being inferior to the constitution.

“To ask that the Act of Interpretation be used to override constitutional provision is wrong and unheard off. That itself will amount to product of misinterpretation because constitution is the supreme law and not an Act”.