It would now seem that a new way of showing displeasure or disagreement has now been invented in Nigeria
In just a week after PDP Senators staged a walk out in protest of the confirmation of Rotimi Ameachi as Minister Designate after the screening exercise, the entire legal team representing Senate President Bukola Saraki, following the decision of the Code of Conduct Tribunal, CCT, to commence full-blown hearing on the 13-count criminal charge against the Senator despite the pendency of the appeal before the Supreme Court, 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 that had been 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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