Saraki had approached the appellate court to quash the warrant of arrest slammed against him by the tribunal and suspend its proceedings, pending the determination of the substantive appeal he lodged against the Danladi Umar-led panel.
But the court refused his application and directed that he should put the respondents on notice and adjourned the case to yesterday.
However, the Court of Appeal, which was in mourning mood, did not sit. Instead, it further adjouned the case to Tuesday.
Saraki’s lawyer, Mr. Adebayo Adelodun (SAN) stated that the senate president had raised 12 grounds of appeal against the decision of the tribunal, last Friday, adding that the appeal was supported by a 16-paragraph affidavit and four exhibits.
Besides, Saraki deposed to another 17-paragraph affidavit of urgency, wherein he urged the higher court to intervene and protect him from what he described as, “a politically motivated witch-hunt”.
But instead of acceding to his prayers, the appellate court panel headed by Justice Moore Adumein, directed the applicant to go and put all the parties to the matter on notice.
The appellate court held: “We have read all the processes before this court and considered submissions by counsel to the applicant. Even though pursuant to section 15 of the Court of Appeal Act, 2004, this court has general power to grant or make an interim order of injunction, ordinarily, this court does not grant ex-parte motions.
“We are, therefore, of the view that the respondents shall be put on notice. Consequently, the applicant’s motion ex-parte is refused and struck out.”
It directed Saraki to go and serve all the parties to the suit with the relevant processes to enable them appear yesterday.Other members of the appeal court panel that gave the ruling were Justices Joseph Ekanem and Mustapha Mohammed.
Meanwhile, the Federal High Court has commenced hearing on the fundamental rights enforcement suit that Saraki filed against the Federal Government. Justice Mohammed adjourned the matter for hearing on a day all the defendants, including the Federal Ministry of Justice, the chairmen of the CCT and Code of Conduct Bureau (CCB) as well as a deputy director in the office of the Attorney General of the Federation, Mr. M.S. Hassan, who signed the charge against Saraki, adduced reasons the senate rresident should be compelled to face trial.
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