Lawyers hail S’Court’s order halting Saraki’s trial by CCT
SENIOR lawyers yesterday reacted to
ruling of the Supreme Court, ordering
the Code of Conduct Tribunal (CCT) to
put on hold the on-going trial of the
Senate President, Dr. Bukola Saraki over
alleged false declaration of assets.
Saraki had filed an appeal challenging
the jurisdiction of the Tribunal to try
him at the Tribunal and lost.
Dissatisfied, he went to the Appeal Court
and still lost. As a result, he approached
the apex court to determine the issue.
His counsel also wanted the Tribunal to
stay further proceedings on the matter,
pending the hearing and determination
of his appeal but was over ruled by the
tribunal, resulting in a dramatic walk
out by the defence team.
Yesterday, the apex court made the stay
order, asking the Tribunal to hold on
until it determines the issue.
Reacting, Chief Emeka Ngige (SAN) said
the order by the Supreme Court was
necessary for the Tribunal to stay
proceedings.
“This is now the time that the Code of
Conduct Tribunal can hand off the
matter until the appeal is determined. If
there is no Supreme Court order, CCT
cannot stop because the Administration
of Criminal Justice Act says there should
be no stay of proceedings on any
interlocutory appeal on any matter
concerning any provision under the Act.
So they did the right thing until the
Supreme Court gave that order.”
To Dr. Abiodun Layonu (SAN): “The
argument that a trial court is not bound
to stay proceedings when there is an
appeal is not a wrong one. The court
said, ‘I have given a ruling, you are not
satisfied, you have appealed but without
a stay of proceedings order, I am going
on with the matter.’ The court could take
that approach. However, depending on
the issue involved, the court will look at
if it is such that would have a
fundamental effect on the outcome of
the case.
The court on its own can stay
proceedings and wait for the outcome of
the appeal. For the Supreme Court to
now ask them to wait, the CCT has in a
way been put on a wrong footing.”
To Emeka Nwadioke: “It seems to me
that the Supreme Court ruling is in
order, aimed to avoid foisting a fait
accompli or situation of helplessness on
the apex court should the trial at the
tribunal proceed without an opportunity
being accorded the Supreme Court to
pronounce on the appeal before it.
“It is equally proper that the apex court
determines the issue of jurisdiction one
way or another, as this has overriding
implications for the continued viability
of the charge at the tribunal.”
Counsel to Saraki, Joseph Daudu (SAN),
leading seven other Senior Advocates of
Nigeria, had prayed the apex court to
stop the proceedings at the CCT pending
the hearing of the substantive appeal.
Daudu told the court that the appellant is
challenging the jurisdiction of tribunal
and the legality of his trial at the
tribunal.
Among others, Saraki claimed that the
tribunal was not properly constituted
with two members instead of three as
required by law.
He submitted that the apex court should
put the trial at the CCT on hold pending
the final determination of the main
appeal.
Justice Fabiyi while ordering the
proceedings at the CCT stopped, gave
seven days each to both parties to file
and exchange briefs of their arguments
on the substantive appeal.
In line with the undertaking given by the
Federal Government’s counsel, Rotimi
Jacobs, the court ordered that nothing
should be done at the CCT level on the
pending trial of the Senate President.
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