There was a mild drama yesterday at the Code of Conduct Tribunal (CCT) in Abuja, as legal counsels representing the Senate president, Bukola Saraki, who is standing trial, staged a walk out.
Mahmoud Magaji, a senior advocate of Nigeria, in protest to the ruling delivered by Justice Umar Danladi, chairman of the CCT, averred that such ruling amounted to “judicial rascality,” after which Ahmed Raji, a senior advocate of Nigeria, led all other legal counsels out of the tribunal premises.
At the resumed hearing of the matter yesterday, Saraki, who is standing trial before the tribunal over alleged false asset declaration, had informed the court about a notice of appeal at the Supreme Court, on the dissenting judgement delivered by the Court of Appeal, upholding the legal constitution of the tribunal.
Premised upon the notice of appeal, which had been served on all parties in the matter, counsel to Saraki, Magaji prayed for an adjournment to stay proceedings at the tribunal pending the determination of the appeal at the apex court.
In opposition to this, counsel to the complainant (Federal Government of Nigeria), Rotimi Jacobs, a senior advocate of Nigeria, reminded the tribunal about the decision of the appellate court, which legitimised the constitution of the tribunal as it was binding on all parties, meaning that the CCT could go on with the prosecution of Saraki.
Citing Section 287(2) of the Constitution of the Federal Republic of Nigeria, Jacobs argued that all authorities shall enforce the decision of the Court of Appeal, and therefore, the application by the defendant (Saraki) was unconstitutional and should be refused.
After standing down the matter for less than an hour, the tribunal arrived at the decision to continue to entertain the matter, as the rights of all parties were guaranteed and protected, since the Supreme Court had not assigned a date for the matter to be heard.
A decision, which got the legal counsel to Saraki furious with Magaji, Raji and Saka Isau, withdrawing their services and leading other lawyers of the defence out of the premises, while the defendant (Saraki) sat in the witness box looking aghast.
The situation led to about 45 senators who accompanied the Senate president murmuring, shouting, and creating a very embarrassingly degrading rowdy atmosphere within the tribunal, as they were busy shouting down the chairman of the tribunal and the prosecuting counsel.
Justice Umar, chairman of the tribunal, however sought from Saraki if he would represent himself or seek the legal services of another lawyer, of which he (Saraki) asked for a month to meet with his lawyers and if need be, get the services of a new set.
“I have found myself in a new terrain, where first my counsels abandoned the matter. I have to ask them why they did what they did, and if they are coming back, I need to know,” Saraki said.
However, the tribunal in its ruling granted a week grace for the defendant to put its legal war chest in order as the matter was adjourned to November 19, 2015.
By way of remarks, Justice Umar however described the actions of the defendant’s lawyers as “disrespect” to the institution.
While the senators who accompanied Saraki continued with their unruly behaviours, they were seen rising even before the chairman of the tribunal rose, threatening to deal with the prosecuting counsel as some of them were clearly seen muttering; “come outside here and we will deal with you.”
Speaking on the sideline of yesterday’s sitting, Rotimi Jacobs, prosecuting counsel, however noted that, the action of the senators was tantamount to contempt of court, as their action was meant to intimidate the tribunal, a disrespect to the judicial institution.
