The lawyers of
the Senate president Bukola Saraki have disclosed why they walked out on trial of the Court of Conduct
Tribunal on November 5.
Senate
president Saraki docked
Saraki is accused of supposed false declaration of assets. The defense lawyers staged a walk-out after the denial of the tribunal chairman, Justice Danladi Umar to adjourn the hearing until Senate president’s appeal before the Supreme Court is determined.
Rotimi Jacobs, the prosecutor, speaking on the
development, said: “The Appeal Court held that the charge was proper and the
tribunal properly constituted to sit with two members. We have the Certified
True Copy of that judgment. This matter was adjourned till today for us to
report the outcome of the proceeding before the appeal court and for
continuation of trial. The appeal court, having disposed of the case before it,
my lords we are ready to open our case against the defendant. Our witnesses are
present.”
Saraki’s lawyer, Magaji, confirmed the ruling of the
appeal court panel which he said was divided.
He, however, told the tribunal that his client would
like to make a fresh application.
“My lords, we have an application to make. It is
true that judgment was delivered by the Court of Appeal on October 30. Sequel
to that judgement, there was a split decision of the court of appeal. As a
result of the dissenting judgment, the defendant filed a notice of appeal to
the Supreme Court, challenging the decision of the Appeal Court”, Magaji
said.
The Senate leader through his another lawyer, Ahmed
Raji, SAN, opposed that the only matter for the tribunal to decide was whether
it could continue with the trial despite the appeal before the Supreme Court.
He said: “All we want is to let the head move the
tail and not the tail moving the head”.
However, in a judgment it delivered after a one-hour
stand down, the tribunal rejected Saraki’s application, even as it directed the
federal government to directly open its case against him.
Justice Umar said: “The tribunal has painstakingly
analysed all the arguments from both counsel. However, as lawyers, we are
ministers in the temple of justice and must at all times advice our clients
accordingly and with the interest of justice at heart.
“This tribunal
hereby in strength of the provision of Section 305(c) of the ACJA, which gives
us the power to conclude trial and pass sentence but suspend execution until
such time when an appeal before a higher court is considered and decided, order
the prosecution to open its case.
“The essence of the ACJA is to ensure that criminal
cases are expeditiously and judiciously thrashed within a short time. The
tribunal hereby upholds argument of the prosecution. Moreover, the defendant
will never suffer any injury, miscarriage of justice or harm in anyway if the
proceeding continues. This tribunal is a sacred institution that took an oath
to do justice to all and sundry. The prosecution is hereby ordered to open its
case against the defendant”, he concluded.
Proximately the prosecutor, Jacobs, SAN, tried to call
his first witness, Saraki’s lawyer, Magaji, SAN, told the tribunal that all the
defence lawyers would not be contented to take part in what he called “judicial
rascality”.
“I therefore hereby withdraw my legal services to the
defendant”, he told the
panel.
In the same vein, Raji said: “In my capacity as a
Senior Advocate of Nigeria, I have not seen where this kind of conduct will be
exhibited against the apex court of the country and I don’t want references to
be made in future that I was part of such proceeding. I find it most impossible
to sit down here and participate in a proceeding whose legality is being
challenged at the Supreme Court. We are asking for the indulgence of your
lordships to leave,” an appeal to which Justice Umar answered: “You are
all free to go.”
Saraki speaking after all his lawyers left him told
the tribunal that he had little knowledge of the legal system, even as he asked
for time to seek legal assistance.
“Mr. Chairman, I find myself in a new terrain. Firstly
is the fact that my lawyers walked out on me. I need time to go and beg them to
come back and in any event that they refuse, I need to look for best hands to
defend me. I need to ask them why they did what they did today (yesterday). If
they refuse to come back I will then know where to go from there,” Saraki pleaded.
Jacobs, the prosecutor, did not oppose Saraki’s
request and advised the court to suspend the matter till either today or next
week for trial, saying “what happened yesterday is a demonstration of
the bad legal advice the defendant has been receiving since this matter started”.
Justice Umar adjourned the case till November 19 for
hearing.
The Senate president was accompanied to the court by
senators from both the APC and the PDP.
However, Saraki reportedly forced
senators to support him at the trial as SMS made rounds in the media, which
allegedly was sent the leader of upper legislative chamber to senators.
Source: Naij.com
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