WILL the trial of Senate President Bukola Saraki commence as scheduled on Wednesday (tomorrow)? The answer to that question was lost in legal conundrum on Monday, barely 48 hours before Saraki is billed to appear at the Code of Conduct Tribunal to answer 13 charges of false asset declaration between 2003 and 2011 when he was the governor of Kwara State. The Court of Appeal in Abuja on Monday adjourned indefinitely its judgment in an appeal filed by the Senate president, challenging the validity of the charges against him before the CCT. However, another panel of the Court of Appeal in Abuja, which had earlier promised to deliver its judgment on the case before the next scheduled appearance of the Senate President before the tribunal on October 21 did not sit on Monday. No new date was fixed for the judgment as lawyers, journalists and a large number of people interested in the case met the courtroom already locked by 2pm when the three-man panel was scheduled to sit on Monday. The development has sparked uncertainties about the CCT's proceedings on Wednesday, when Saraki's trial has been scheduled to commence. Both the prosecution lawyer, Mr. Rotimi Jacobs (SAN); and the defence lead counsel, Mr. Joseph Daudu (SAN), said they did not know the status of Wednesday's proceedings at the CCT. They said they were confused. Jacobs, who also represents the respondents to Saraki's suit at the Court of Appeal, told Punch correspondent in a telephone interview on Monday that he could not confirm whether or not the CCT proceedings would go on as scheduled. "We don't know yet. We don't know if the Court of Appeal will deliver its judgment before the tribunal's next adjourned date," he said. Daudu also expressed similar concern when contacted by Punch correspondent on Monday.
"We don't know yet. We are confused too, but it is our work to straighten it out. So I can't tell you anything now," Daudu said. The appeal court justices, led by Justice Moore Adumein, had on Friday heard and adjourned Saraki's appeal till Monday for judgment. Saraki had on September 22 pleaded not guilty to the 13 charges preferred against him by the Code of Conduct Bureau. He had filed an appeal against the ruling of the Justice Danladi Umar-led tribunal on the grounds that it wrongly assumed jurisdiction on the case when it came before it on September 18. But another senior lawyer in Saraki's camp, Mr. Mahmud Magaji (SAN), who indicated that Saraki would not be at the tribunal on Wednesday, said that the tribunal had no reason to conduct proceedings in the matter until the Court of Appeal delivered its judgment. "The matter is before the Court of Appeal, we have argued our brief and judgment has been reserved. So how can a lower court sit over the same matter?" he argued. When asked if Saraki would appear before the tribunal on Wednesday, he said, "How can he? It seems you don�t understand this issue. The matter is already before the Court of Appeal. We must allow the Court of Appeal to decide it either way before the trial at the tribunal can continue." But a Lagos lawyer, Mr. Jiti Ogunye, insisted that the CCT had no reason to halt Saraki's trial in view of the fact that there was no specific order of stay of its proceedings and the new Administration of Criminal Justice Act 2015, which provides that criminal proceedings cannot be stayed. He said, "The Court of Appeal has not granted any order of stay of proceedings of the tribunal. As a matter of law, by virtue of the provisions of the new law in town, which is the Administration of Criminal Justice Act 2015, which is the law guiding the proceedings of the
trial of Senate President Bukola Saraki, we can conclude that the law does not envisage that the Court of Appeal would stay its proceedings." Another lawyer, Mr. Wahab Shittu, in a separate telephone interview with Punch correspondent, said since there was no subsisting order of proceedings, the CCT had no reason to halt the trial. "There is no order for stay of proceedings. I think what we should
be insisting on is that the proceedings of the tribunal must be fair," Shittu said. But a Senior Advocate of Nigeria, Dr. Joseph Nwobike, who said the proceedings of the CCT was not purely criminal, even with the provisions of the ACJ Act barring stay of proceedings in criminal trials, it would be better for the CCT to await the judgment of the Court of Appeal before continuing with Saraki's case. Nwobike said, "It will be better for the Code of Conduct Tribunal to await the judgment of the Court of Appeal. But under the new Administration of Criminal Justice Act 2015 if the tribunal is of the view that its proceedings are criminal proceedings, it is entitled to proceed with the proceedings not withstanding that the interlocutory appeal has been heard. "But that will depend on whether or not the proceedings of the tribunal are criminal in nature. In my humble view, the tribunal's proceedings are not criminal, they are quasi- criminal." A large number of people interested in the case, including journalists, had waited at the entrance of the courtroom ahead of the 2pm scheduled for the judgment of the Court of Appeal on Monday. One of the defence counsel, Mr. Kehinde Eleja (SAN), who addressed journalists on the development, said he had been able to reach the court registrar who informed him that the judgment was not ready. He said a new date would be communicated to the parties when the judgment was ready. At the hearing of the appeal on Friday, the Court of Appeal had struck out an application for stay of the CCT proceedings filed by Daudu, Saraki�slead counsel. The appeal panel said it would amount to judicial waste of time if it went ahead to hear the appeal and had to deliver a separate ruling on it after the main appeal had been heard. The Senate President is challenging his trial at the CCT on many grounds, including that the panel of the CCT, comprising two judges instead of three, is not properly constituted. He is also contending that the CCT, not being a court, could not exercise judicial powers and that the charges filed at the time an Attorney General of the Federation had not been appointed were incompetent. But the respondents to the appeal - the CCT, the
CCB, the Federal Ministry of Justice and a ministry's lawyer, Mr. Muslim Hassan, who signed the charges - had through their counsel, Jacobs, asked the Court of Appeal to dismiss the appeal. Jacobs said the appeal lacked merit and was based on misconception and wrong interpretation of the law.

www.punchng.com/news/confusion-over-sarakis-trial-on-wednesday/

indeed

Smh

Why hire a lawyer when you can buy the judge?



Justice is for sale in Nigeria only the poor go to jail

Saraki's Lawyers are just as dull as Saraki. Look at them spewing sh1t all in the name of defending Saraki. One of the half-baked (Saraki's) SAN's even said Saraki must not appear before the Court, another said the CCT can't continue the case since the Court of Appeal hasn't ruled. I just pity Saraki for wasting his looted funds on these quack Lawyers!!

Saraki's case must continue and he must be docked in the CCT tomorrow. His lawyers can do nada as usual. They would only wail.

donphilopus:
Saraki's Lawyers are just as dull as Saraki. Look at them spewing sh1t all in the name of defending Saraki. One of the half-baked (Saraki's) SAN's even said Saraki must not appear before the Court, another said the CCT can't continue the case since the Court of Appeal hasn't ruled. I just pity Saraki for wasting his looted funds on these quack Lawyers!!

Saraki's case must continue and he must be docked in the CCT tomorrow. His lawyers can do nada as usual. They would only wail.

Npt everyone are versed in politics and law.

But can you help and tell us what could possibly happen to Saraki case after the AP refused to deliver it judgment yesterday?

I have asked different law students and they are making thr whole thing complicated for me. Thanks

Saraki
R.I.P in advance
(Rest in prison)

Ekweremmadu next

I refused to be confused by this CCT and Court of Appeal brouhaha on Saraki case.

Saraki, the forbidden fruit.

FOLYKAZE:



Npt everyone are versed in politics and law.

But can you help and tell us what could possibly happen to Saraki case after the AP refused to deliver it judgment yesterday?

I have asked different law students and they are making thr whole thing complicated for me. Thanks

I'm not a Lawyer as well. Whatever I say is just my own personal view. Since the Court of Appeal didn't sit yesterday, there should be no reason the CCT shouldn't continue with the trial. Hadn't been the Court of Appeal granted an order of stay of proceeding of the Tribunal, so I think they can proceed pending on the day the Court of Appeal will sit.

You Are here Bashing Saraki's Lawyer(s) even when Rotimi Jacob who is the CCB lawyer said he doesn't know what will happen.. They are all Confuse Sir!!!

donphilopus:


I'm not a Lawyer as well. Whatever I say is just my own personal view. Since the Court of Appeal didn't sit yesterday, there should be no reason the CCT shouldn't continue with the trial. Hadn't been the Court of Appeal granted an order of stay of proceeding of the Tribunal, so I think they can proceed pending on the day the Court of Appeal will sit.

Ok

FOLYKAZE:

Npt everyone are versed in politics and law.
But can you help and tell us what could possibly happen to Saraki case after the AP refused to deliver it judgment yesterday?
I have asked different law students and they are making thr whole thing complicated for me. Thanks

There is only one case against Saraki ; this is the case brought against Saraki by the CCB before CCT - Saraki on the other hands did not want to answer his charges and would rather have a superior court stop his case before CCT.
Remember what we have before the Appeal Court was initially initiated at the High Court. The High Court hands have been washed off Saraki's plea to stop the trial so he romped to Appeal Court.

His first attempt at stalling the trial failed and his trial at CCT, substantially, commenced so his renew effort at stalling the trial has failed again ;
What Saraki wants is an Appeal Court pronouncement to stop his trial at the CCT - Nothing has changed in Saraki's trial before the CCT since the Appeal Court has deferred taking any decision on Saraki's pleas.