PRINCE ABUBAKAR AUDU V. FEDERAL REPUBLIC OF NIGERIA

MAHMUD MOHAMMED, J.S.C. (Delivering the Leading Judgment): This interlocutory appeal is against the decision of the Court of Appeal Abuja Division given on 11th December, 2008 in which that Court upheld the decision of the Code of Conduct Tribunal in its Ruling of 29th June, 2007 sitting at Abuja dismissing the Appellant/Applicant's application by way preliminary objection that the Tribunal lacked jurisdiction to try him not being a serving public officer. The Appellant is now on a further and final appeal to this Court still contending that the Court of Appeal was in error in affirming the jurisdiction of the to try him for the offences he was arraigned before the Tribunal.

The undisputed facts giving rise to the appeal indicate that the Appellant was the elected Governor of Kogi State of Nigeria where he served between 29th May, 1999 to 29th May, 2003. As the then public officer, the Appellant was required by the Constitution of the Federal Republic of Nigeria, 1999 and the Code of …