SAN FRANCISCO, November 05, (THEWILL) – There was a mild drama Thursday at the Code of Conduct Tribunal in Abuja as the lawyers representing Senate President Bukola Saraki staged a walk-out when Saraki’s trial on alleged false assets declaration resumed, alleging bias.
Saraki, who is a medical doctor by training, was therefore left to defend himself as he stood in the dock.
His legal team led by Alhaji Mahmoud Magagi SAN, Ahmed Raji SAN, and Saka Abimbola Isah however said they would send a letter to the National Judicial Council (NJC) to protest alleged biased conduct of the tribunal in the trial.
Describing the decision of the CCT, to go ahead with Saraki’s trial despite being served of an application at the Supreme court, as judicial rascality, the angry lawyers in company of about 100 others withdrew their services in the prosecution of Saraki by Federal Government, accusing the tribunal of open bias against the Senate President.
Trouble started when the tribunal chairman, Mr. Danladi Yakubu Umar, ruled that he would not stay the trial in spite of the pending appeal case of Saraki at the Supreme Court.
Magaji who first withdrew his services in the trial told tribunal that going ahead with the prosecution amounted to daring and prejudicing the Supreme Court in the pending appeal case of the Senate President.
He further told the Chairman that as a Senior Counsel in the bar and a minister in the temple of justice, he would not wish to be part of what he described as illegality and affront to the apex court.
Ahmed Raji who followed suit, in withdrawing from the suit, accused the tribunal chairman of setting a bad precedence by sitting on the same issue with the Supreme Court at the same time.
Explaining that apart from the law and practice, it was the tradition of respect that when the Supreme Court has been invited into a matter, the lower court will as a matter of tradition, allow the apex court decide the matter first before taking over, 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.
“The action of this Code of Conduct Tribunal is an affront to the constitution and to the Supreme Court and from my own side, I will not wish to be part of this act.
“I find it most impossible to sit down here and participate in a proceeding whose legality is being challenged at the Supreme Court.”
Magaji and Raji had earlier asked the tribunal to stay proceeding pending the time the Supreme Court will make pronouncement in the appeal case of Saraki in which he has been challenging the legality of his trial, citing several authorities to buttress their arguments on the need for the tribunal to grant adjournment.
The CCT chairman however dismissed the application for adjournment and agreed with the prosecution counsel, Mr. Rotimi Jacobs (SAN) that trial must go ahead in spite of the appeal at the Supreme Court.
He held that the action of the defence was a ploy to delay the trial, saying the arguments canvassed by Saraki’s lawyers have been overtaken by the Administration of Criminal Justice Act (ACJA) 2015 which he said, gave no room for delay in trial.
When it became obvious that nobody was available to defend Saraki, he was then asked whether he would defend himself but he said that since he trained in the medical line and not in law , it would be unfair to ask him to defend himself in a terrain he knew nothing about.
He therefore pleaded for one month to enable him persuade his lawyers to come back or look for alternatives but the tribunal insisted that one month was too much.
The case was subsequently adjourned till November 19 .
