olatade:
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.





http://thenationonlineng.net/tribunal-drama-as-lawyer-begs-saraki-to-enter-dock/

I reserve my comment till last verdict is made.

It will instantly be clear to anyone with a rudimentary knowledge of criminal procedure that the reporter has greatly sensationalized this story; either that or he has displayed a sincere but unpardonable ignorance of the mechanics of the law.

Let me clarify.

I was not in the gallery on the occasion, but I can tell you that the judge, after rightly overuling that nauseating application to exempt Saraki from dock duty, would not 'direct the counsel for the accused to prevail on his client to do the right thing'; he would ORDER the man into the dock where he belongs.

If, stricken by that strain of madness that the gods employ as a precursor to complete destruction, the Senate President disobeyed that order, he would IMMEDIATELY be HUSTLED into that same dock by the strong hands of willing policemen, upon which his woes would be further compounded by the SUMMARY conviction and sentence that would be meted to him for contempt.

I should state also that I cannot help being sickened whenever I read of the deliberate and dishonorable shenanigans of lawyers like the defence counsel here, who continue to ridicule the law for money.

Auctions2015:
Rule of law shud superseded all... If not that Nigeria is a backward country, Police suppose fit drag am enter without shaking, but instead all of them dey fret

seun ban this scammer for the good of the forum

GenOrumov:

Just to enlighten you, agreed he was stinkingly rich before he ventured into politics the question is where did he get his money from?

The last known employment he held (before he became a Director in his father's bank from 1990-2000) was he worked in the UK as a Medical Officer from 88-89.

The major issue is that did he illegally enrich himself when he was a Director in his father's bank while other shareholders money was lost as a result of the management running the bank aground (similar case to Ibru of Oceanic Bank and Akingbola of Intercontinental Bank cases comes to mind)? If no, then how did he acquire all the wealth he declared or didn't declare?

Who were the other shareholders in his father, Dr Olusola Saraki's bank? His father Dr Olusola Saraki, his mother Mrs Florence Saraki, his brother Olaolu Saraki, his sisters Gbemisola Saraki Fowora and Temitope Saraki Edu. Are those the people so jealous of Bukola Saraki's wealth before he became Kwara governor? Can they say they did not see the businesses the man was doing, fertiliser, tomapep, oil, iron rods, sugar, rice etc? Who does not know this witch hunt was started by Saraki's own sister who battled but failed to win kwara governorship? The woman lied to Tinubu cabal who fell for it