Lawyers representing the Senate President, Dr. Bukola Saraki, on Thursday walked out on the two-man panel of the Tribunal in Abuja in protest to decision of the panel to proceed with their client’s trial discountenancing his appeal at the Supreme Court.
The lawyers insisted that since the matter of jurisdiction has been taken to the Supreme Court it out to be decided before proceeding on the substantive case.
It all started when the the Federal Government through the prosecuting counsel told the tribunal that it was ready to open its case against the Senate President since the the Court of Appeal had on October 30 dismissed Saraki’s appeal against his trial and affirmed its jurisdiction
“My Lords all the contention as to the jurisdiction of the tribunal has been settled. The Appeal Court held that the charge was proper and the tribunal properly constituted to sit with two members.
“We have the Certified True Copy of that judgment. This matter was adjourned for report and for continuation of trial, we are ready”, Rotimi submitted.
Magaji also reminded the court of an application for the stay of further proceeding on the matter pending the determination of the appeal at the supreme court.
He said that the CCT was notified of the pendency of the appeal before the Supreme Court via a letter that was addressed to its chairman on November 4.
“In essence, we are saying that we have a valid appeal before your lordships at the Supreme Court”, saying for the tribunal to proceed with hearing on the matter would amount to an affront and disrespect to the judicial hierarchy.
But the tribunal in ruling on the argument settled for proceeding with the trial. It declined Saraki’s counsel’s request for an adjournment based on the provisions of the new Administration Criminal Justice Act, which it held was not in favour of adjournments over interlocutory appeals.
It was based on this decision that Magaji (SAN) announced that he was staging a walkout on behalf of the defence team.
He described the tribunal’s decision to proceed with the trial as amounting to judicial rascality.
Magaji and his brothers SANs in the defence team, led about 30 junior lawyers, who accompanied them to proceedings, out of the court room.
Saraki was charged for alleged false declaration of assets during his reign as governor of Kwara state.
The embattled senate President had, through his his legal team made up of three Senior Advocated who include Mahmud Magaji, Saka Isau and Ahmed Raji, raised a preliminary objection challenging the jurisdiction of the tribunal to entertain the matter.
But the tribunal after hearing arguments on the said objection, dismissed it as it ruled that it had the powers to sit over the matter.
Dissatisfied, Saraki approached the Court of Appeal, Abuja Division, seeking to upturn the tribunal decision, an appeal which has since failed as the Court of Appeal affirmed the jurisdiction of the tribunal to entertain the case.
The tribunal has adjourned till November 19 for trial.
