There was drama at the Code of Conduct
Tribunal (CCT) yesterday when Senate President Bukola Saraki refused to
move into the dock when his case was called.
The dock is where those standing trial stay during proceedings.
Saraki’s refusal to leave his seat for
the dock led to an argument between his lead counsel, Mahmud Magaji
(SAN), and the prosecutor, Rotimi Jacobs (SAN).
Objecting to Saraki’s action, Jacobs
said it was the practice for an accused “irrespective” of his status to
enter the dock during his trial.
According to him, once an accused person’s plea is taken, he/she must always sit in the dock during proceedings.
“Things must be done properly. The proper thing is for him to go to the dock,” Jacobs said.
Magaji said there was no need for Saraki to enter the dock, citing Section 22(m) of the Evidence Act to buttress his submission.
But, tribunal Chairman Justice Danladi Umar overruled him, directing him to prevail on Saraki to do the right thing.
Shortly after Saraki moved into the
dock, Jacobs sought an adjournment to enable the tribunal await the
Court of Appeal’s judgment in the defendant’s appeal. The appeal court
on Monday adjourned the verdict sine die (indefinitely).
Jacobs also acknowledged receipt of a fresh motion for stay of proceedings filed by Saraki’s legal team.
He said although the Administration of
Criminal Justice Act (ACJA) 2015 frowns at a stay of proceedings in
criminal cases, there was the need to await the appellate court’s
verdict because it touches on the tribunal’s jurisdiction to further
preside over the case.
A stay at this moment, he said, was reasonable in order to preserve the integrity of the court and of the legal profession.
Responding, Magaji, who had suggested an
indefinite adjournment, said he would agree to the two-week adjournment
suggested by Jacobs if the business of the court on the next date would
be for parties to report the appeal court’s decision.
Magaji said it was necessary for him to remind the tribunal that his client’s trial was affecting his job as Senate President.
Jacobs objected to Magaji’s claim, saying the statement was intended to intimidate the tribunal.
“This is an intimidation of the tribunal. The defendant is a defendant. What is the essence of the rule of law?
He (Magaji) is saying that because the defendant is the Senate President.
“Are you saying he should not be treated
like every other defendant, when the rule of law says even the king is
subject to the law?” Jacobs said.
Ruling, Justice Umar said the tribunal
would await the Court of Appeal’s judgment. He adjourned to November 5
for report of the appellate court’s decision and possibly, hearing of
pending applications.
The tribunal, he said, would tarry a while in deference to the appellate court.
Saraki arrived at the tribunal around 9. 54 am, accompanied by some senators. The case was called at 10:45 am.
On September 22, Saraki pleaded not
guilty to a 13-count charge of false asset declaration brought against
him by the Code of Conduct Bureau (CCB).
He is querying the tribunal’s jurisdiction to try him at the appeal court.
Saraki is contending that the charge is
defective, because it was not filed by a substantive Attorney General of
the Federation and that the tribunal is not validly constituted because
only two out of its constitutionally stipulated three members are
currently sitting.
On October 8, the Justice
MooreAdumein-led three-man panel of the Court of Appeal, sitting in
Abuja granted accelerated hearing in Saraki’s appeal and promised to
give judgment before his next appearance at the tribunal yesterday.
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