President of the Senate, Bukola Saraki, is seriously considering a change of his legal team ahead of the November 19 appearance at the Code of Conduct Tribunal.
Saraki’s legal team, comprising of three Senior Advocates of Nigeria and 24 lawyers, led by Mr. Mahmud Magaji, SAN, Thursday staged a walkout at the Code of Conduct Tribunal saying they cannot be a part of what they termed “judicial rascality”.
Their angst was the insistence of the tribunal in going ahead with the trial when there is a pendency of an appeal at the Supreme Court in which stay of execution of the verdict of a lower court was a prayer.
Another member of Saraki legal team, Mr. Ahmed Raji, SAN, also 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.
Their action threw the tribunal into commotion as the over 50 senators who accompanied Saraki to the tribunal added to the confusion as they trooped in and out of the venue.
However back at the tribunal, Saraki who was allowed to speak said he cannot defend himself. He therefore pleaded with the tribunal to allow him to either persuade his legal team to come back into the matter, or to engage new lawyers to defend him.
Whereas he asked for 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 who maintained his trademark calmness chided 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.
The real drama started when 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 Certified True Copy of that judgment. This matter was adjourned for report and for continuation of trial, we are ready”, Rotimi submitted.
This did not sit well with Saraki who through his lawyer, Mr. Mahmud Magaji , SAN, urged the tribunal to adjourn the trial and await the decision of the appeal pending before the Supreme Court.
Magaji said 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.
But sources close to Saraki said the Senate President is disposed to assembling a new legal team.
