ATTORNEY-GENERAL OF THE FEDERATION CODE OF CONDUCT BUREAU CODE OF CONDUCT TRIBUNAL V. ALHAJI ATIKU ABUBAKAR

ABOKI JCA (Delivering the Lead Judgment): This is an appeal against the decision of A.I. Chikere J of the Federal High Court, Abuja Division, delivered on the 20th December, 2006.

The respondent in this appeal, Alhaji Atiku Abubakar, as plaintiff before the trial court, instituted an action by way of an amended originating summons against the appellants, Attorney ­General of the Federation, Code of Conduct Bureau, and Code of Conduct Tribunal as defendants, seeking for the determination of the following questions:

“1. Whether the Code of Conduct Tribunal established by the Fifth Schedule to the Constitution of the Federal Republic of Nigeria, 1999 has the power or jurisdiction to hear and determine complaint against the plaintiff for non­compliance with, or breach of, the provisions of the code of conduct except on a reference to it by the Code of Conduct Bureau established by section 153(1) of the Constitution, where in the opinion of the bureau after it has investigated such complai…