5 Nov 2015

Drama as Saraki’s lawyers walk out on tribunal,
claim “judicial rascality”.
Following the decision of the Code of
Conduct Tribunal, CCT, to commence full-blown
hearing on the 13-count criminal charge against
the Senate President, Dr. Bukola Saraki, despite
the pendency of the appeal before the Supreme
Court, all his lawyers, this afternoon, staged a
walk out on the tribunal.
Saraki’s legal team, comprising of three Senior
Advocates of Nigeria and 24 lawyers, through
their leader Mr. Mahmud Magaji, SAN, said they
were not comfortable to take part in what they
termed “judicial rascality”.
Mahmud’s position was also supported by
another SAN in his team, Mr. Ahmed Raji, SAN,
who told the tribunal that it would be
unfortunate for references to be made in future
that they, being senior members of the bar, took
part in such proceeding.
“On behalf of the defence counsel, we find it
most impossible to continue to sit here. We shall
be seeking the indulgence of your lordships to
withdraw our appearance”, Raji, added.
Meantime, Saraki has begged the tribunal to
allow him to either persuade his legal team to
comeback into the matter, or to engage new
lawyers to defend him.
Even though he urged the tribunal to grant him
one month adjournment, the Justice Danladi
Umar led panel adjourned the case till November
19 for the federal government to call witnesses
against him.
Before adjourning the matter, Justice Umar
berated Saraki’s legal team, saying “the action of
the defence team smacked of disrespect”.
In its earlier ruling, the tribunal relied on the
provision of section 305(e) of the newly enacted
Administration of Criminal Justice Act, and held
that it would not be in the interest of justice to
allow the case against the Senate President to
suffer an adjournment owing to the fact that he
has an appeal before the Supreme Court.
He said that the ACJA was enacted with a view
to ensuring that criminal cases are “expeditiously
and judiciously thrashed within a short time”.
“The defendant will never suffer any injury or
miscarriage of justice or harm in anyway if this
proceeding continues.
“The tribunal is a sacred institution that took an
oath to do justice to all and sundry”, Justice
Umar held.
When the matter was called up this morning
government lawyer, Mr. Rotimi Jacobs, SAN,
notified the tribunal that the Abuja Division of
the Court of Appeal had in a judgment it
delivered on October 30, dismissed Saraki’s
appeal against his trial.
“My Lords all the contention as to the
jurisdiction of the tribunal has been settled. The
Appeal Court held that the charge was proper
and the tribunal properly constituted to sit with
two members.
“We have the the Certified True Copy of that
judgment. This matter was adjourned for report
and for continuation of trial, we are ready”,
Rotimi submitted.
However, Saraki, through his lawyer, Mr. Mahmud
Magaji , SAN, urged the tribunal to adjourn the
trial and await the decision of the appeal he has
lodged before the Supreme Court.
Magaji told the tribunal that his client also filed
an application for the stay of further proceeding
on the matter pending the determination of the
appeal at the apex court.
He said that the CCT was notified of the
pendency of the appeal before the Supreme
Court via a letter that was addressed to its
chairman on November 4.
“In essence, we are saying that we have a valid
appeal before your lordships at the Supreme
Court”, saying for the tribunal to proceed with
hearing on the matter would amount to an
affront and disrespect to the judicial hierarchy

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