The Federal Government argued in its notice of preliminary objection filed through its counsel, Mr. Rotimi Jacobs (SAN), that the court lacked jurisdiction to entertain the suit and that “it constitutes an abuse of court process”. Jacobs also argued in the application which he filed on Friday that the suit failed to disclose a reasonable cause of action and that “the reliefs being sought by the applicant (Saraki) are not available under the law”. Jacobs also filed a separate counter-affidavit in opposition to the suit contending that the prosecution followed due process in filing the charges against Saraki and did not infringe on his right fair hearing. The matter scheduled for hearing before Justice Abdukadir Abdu-Kafarati on Friday could not go on because some of the respondents to the suit had not been served with the court order directing them to appear before the court to show cause why the prayers sought by Saraki in his ex parte application should not be granted. Justice Abdu-Kafarati had on November 16 rejected an ex parte application filed on November 6 by Saraki’s lawyer, Mr. Ajibola Oluyde, asking for an interim injunction to stop the proceedings of the CCT pending the determination of his main fundamental rights enforcement suit. Rather than grant the order on November 16, the judge had directed respondents to the suit to appear in court on Friday to show cause why the prayers sought by the plaintiff in his ex parte motion should not be granted. The respondents to the suit include, Attorney-General of the Federation, Mr. Abubakar Malami (SAN), the Economic and Financial Crimes Commission, the Independent Corrupt Practices and other related offences Commission, and the Inspector General of Police, Mr. Solomon Arase. Others are the Code of Conduct Bureau, the CCT; the CCT chairman, Umar; the second member of the CCT panel, Mr. Ataedzeagu Adza, CCB chairman, Mr. Sam Saba; Director of Public Prosecutions of the Federal Ministry of Justice, Mr. Mohammed Diri; and a Deputy Director in the ministry, Mr. Muslim Hassan. But on Friday only the AGF, the EFCC, ICPC, Arase, Diri and Hassan, were represented by their lawyers in court. The rest of the respondents had no legal representation in court, but the judge noted that the hearing could not go on since there was no evidence that Justice Danladi, Adza and Saba, who were sued in their personal capacities had been served with the court order and other relevant processes. The judge therefor adjourned till December 2 by the time which all the respondents are expected to have been served and they could appear before the court to show cause why Saraki’s prayers in his motion ex parte should not be granted. The order of Justice Abdul-Kafarati made on November16 after hearing Saraki’s ex parte application came barely four days after the Supreme Court on November 12 granted an order of stay of proceedings of the Senate President’s trial before the CCT. Already the Supreme Court ordered stay of the CCT’s proceedings pending when Saraki’s main appeal challenging the competence of the charges and the jurisdiction of the tribunal to try him would be determined by the apex court. Saraki alleged in his fresh suit that the charges preferred against him before the CCT infringed on his right to fair hearing. He therefore sought an order nullifying the charges and the proceedings of the CCT on the grounds that they allegedly fell short of the requirements of Article 3 of the African Charter on Human and Peoples Rights and Section 36 of the 1999 Constitution. He also sought an order restraining the AGF, EFCC, ICPC, IGP and CCB from prosecuting him based on alleged offences he committed while serving as Kwara State governor. ]]>