In a renewed bid to stall his trial at the Code of Conduct Tribunal, Nigeria’s senate president, Bukola Saraki pulled off one of his many antics.

In what could be described as a new low for Saraki, he turned today’s trial that had started on friendly note into something akin to a war after he asked CCT chairman to step down because he was also investigated by the Economic Financial Crimes Commission (EFCC).

Drama began and tempers flared after one of the lawyers in the defence team of the Senate President, Raphael Oluyede and Rotimi Jacobs, the lead prosecuting counsel literally jabbed at each other as they argued for and against the motion asking the Chairman of the Tribunal to disqualify himself from hearing the case.

Oluyede had filed an application asking the Tribunal Chairman to disqualify himself from hearing the suit arguing that he is likely to be biased against his client.

The lawyer had pointed out that his client is being prosecuted by the EFCC while the Judge is also being investigated by the anti-corruption agency over allegations that he received N10 million bribe from an accused person.

Attempts by Oluyede to move the application at the last sitting of the Tribunal last Thursday had degenerated into arguments between the Judge and the lawyer, with Justice Umar barely restrained from committing him to prison for contempt.

On resumption of proceedings today, the prosecution counsel had told the Tribunal that the two matters before the court are resumption of the cross examination of the first prosecution witness and hearing of motion filed by Oluyede on behalf of Saraki.

“We are ready to resume. I think the motion will have to be disposed off first,” Jacobs told the Chairman of the Tribunal.

This however set off a game of wits between Justice Umar and the lead defence counsel, Kanu Agabi over whose authority the application was filed.

The Chairman of the Tribunal asked Agabi if he was aware of the application and if he gave his approval to the lawyer to file it.

“This is a motion which was filed with the approval of the defendant(Bukola Saraki),” Agabi replied him.

When he was asked by Umar if he was informed of the motion, Agabi replied that he was consulted by the defendant before he filed the motion.

This elicited another query from Justice Umar to the Senior Advocate of Nigeria: “I think he is relying on your expertise to conduct his defence for him, how can he do it himself?.”

But the Senior Advocate of Nigeria replied that since the court is for those who are in distress, there is a limit to what counsels can do. He also appealed to the judge to exercise patience and utmost sympathy in hearing of the motion.

When Justice Umar asked if he should record the motion as his (Agabi’s) own, the senior lawyer said: “You can put it on record that this motion is not my motion, it is the defendant’s motion”

CTC Chairman further asked him if he approved the motion, but Agabi said the motion did not need his approval, but he approved that it should be heard.

I’m not a busybody- Oluyede

Thus, when Oluyede was called to address the court, he spent the first few minutes to demonstrate that he is not a meddlesome interloper in the case.

The lawyer drew the attention of the Tribunal to section 15 of the affidavit he filed to support the motion to show that the motion was filed on the advice of Agabi.

He also said Agabi’s approval or no approval for any reason should not constitute a barrier to the filing of a motion. “Even if it was true that the lead counsel is not aware or by reasons of conflicts, did not even consent or approve, it is immaterial and becuse any counsel that is briefied by a party to a proceeding is entitled to act in accordance to the instruction of his client even if there are thousands of other counsels.

“That was the position of Supreme Court. I am not busybody.

“The defendant is here and he could say whether he briefed me or not. I have as much authority to act as the leading counsel,” said Oluyede.

While countering the arguments later, Jacobs said Oluyede was not one of the lawyers representing Saraki at the trial when he filed the suit.

He also said the defendant has to give a three day notice even if he wanted to change his lawyer.

Jacobs pointed out that there will be judicial anarchy if the about 100 lawyers representing the Senate President chose to file different applications before the court.

He added that the behaviour of the lawyer is not in tune with order associated with the law profession.

This however did not stop the hearing of the application.

Source

http://www.pmnewsnigeria.com/2016/04/27/saraki-says-cct-chairman-is-corrupt-wants-him-to-step-down/

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