Date: 2015-11-07

The legal team of the Senate President, Olubukola Saraki, has denied reports making the rounds that they staged a walk-out on the Code of Conduct Tribunal (CCT) in Abuja to protest the alleged bias by the Chairman, Danlandi Umar.
This is coming on the heels of a Lagos High Court throwing away an attempt by Saraki to stop his ongoing trial before the Code of Conduct Tribunal (CCT) in Abuja for lack of jurisdiction.

The senate president in a suit marked FHC/L/CS/1507/15 and filed by his lawyer, Mr. Ajibola Oluyede, had dragged the Attorney-General of the Federation, the Economic and Financial Crimes Commission (EFCC), Independent Corrupt Practices and Other Related Commission (ICPC), Inspector-General of Police, and Code of Conduct Bureau (CCB) as first to fifth respondents to court.

At the resumed trial on Thursday, the  three Senior Advocates of Nigeria (SAN),  Mahmoud Magagi, Ahmed Raji, and Saka Abimbola Isah,  said to have led no fewer than 100 other lawyers to the tribunal withdrew their services.

However, Raji in a statement in Abuja, debunked that the Saraki’s Legal team walked out on the tribunal.

The Senior Advocate clarified that the legal team only sought permission to leave the tribunal pending when the issues at the Supreme Court were settled, which he noted, was granted by the tribunal chairman.

Raji further clarified that even though he disagreed with some the proceedings,  he had utmost respect for the Tribunal and never used the words "Judicial Rascality" as was being attributed. 

"My attention has been drawn to several news articles making the rounds in both the print and online media to the effect that I, Ahmed Raji, SAN, as a member of the Defence team engaged by Dr. Abubakar Bukola Saraki in his trial currently pending before the CCT walked out on the Honourable Tribunal following the Tribunal’s refusal to accede to our application for an adjournment of the proceedings.

"It has also been reported in the aforesaid media that the defence described the actions of the Honourable Tribunal as; “Judicial Rascality”.   

"I wish to use this medium to correct the said erroneous information", he stated.
Part of the statement read: "At the resumed hearing of the case against Dr. Abubakar Bukola Saraki (‘Our client’) before the Code of Conduct Tribunal on the said 5th November, 2015, we, as defence counsel, notified the Honourable Tribunal that we have filed an Appeal to the Supreme Court against the decision of the Court of Appeal, wherewith we filed a Motion on Notice for Stay of Proceedings of the Honourable Tribunal pending the determination of the Appeal.

"Consequent on the foregoing, and citing a plethora of judicial authorities on the point, we respectfully urged the Honourable Tribunal to adjourn the matter pending the determination of our client’s appeal filed at the Supreme Court or in the least, to await the outcome of the Motion on Notice for Stay of Proceedings filed at the Supreme Court."

Happily, Raji disclosed, the Supreme Court has fixed Thursday, November 13, 2015, for hearing of the application for Stay of Proceedings "which is why we had respectfully urged the tribunal to grant an adjournment".

"It is therefore not true that I walked out on the Code of Conduct Tribunal or described the tribunal’s actions as “Judicial Rascality” as widely reported. This press release is made for record purposes," he stressed. 

Saraki is facing 13-count charges on false assets declaration during the period he was the governor of Kwara State between 2003-2011.

Others dragged before the court in Lagos are: CCT, its Chairman, Justice Danladi Umar; Mr. Ataedze Agu A.; Mr. Sam Saba; Mr. Mohammed Diri and Mr. M. S. Hassan, as six to 11 respondents.

Senator Saraki in the suit sought the court's declaration that his ongoing arraignment and trial before the CCT as constituted by seven and eight respondents fell short of the requirement of Article 3 of the African Charter on Human and Peoples' Rights, and Section 36 of the Constitution of federal republic of Nigeria, which was in the clear, appearance of bias against him, and the apparent pursuit of pre-determined agenda for his humiliation and conviction.

He also wanted a court order nullifying the charges brought against him by the first, second, nine, 10 and 11 respondents before the CCT, relating to asset declaration which had not been the subject of the procedure prescribed by the CCB Act LFN 2004, in breach of his fundamental rights to equality before the law and fair hearing as guaranteed by the Article 3 of the African Charter of human and people rights and Section 36 of the Constitution of federal republic of Nigeria.

Saraki also sought for court order restraining the first to fifth respondents from inviting, arresting, harassing, persecuting or prosecuting him on the basis of any allegation of wrongdoing arising before or from his tenure as governor of Kwara State between 2003-2011, in view of the breach of his fundamental rights to a speedy trial, fair hearing and his exoneration by the AGF and judgment of an Abuja Federal High Court, in a suit marked FHC/ABJ/CS/152/2014.

At the hearing of the suit in Friday, lawyer to the respondents, Mr. Rotimi Jacob, SAN, in response to the suit, urged the court to discountenance the reliefs sought by the applicant, owing to the fact that same suit was filed and dismissed by a Federal High Court in Abuja.

Jacob, SAN, also informed the court that the Federal High Court in Lagos does not have jurisdiction to entertain the suit.

He therefore urged the court to dismiss the suit for lack of jurisdiction.
Justice Ibrahim Buba while ruling on the senate president's fundamental right application said all the material placed before the court is inconsistent, and that the court lack jurisdiction to entertain the application.

Consequently, Justice Buba struck out the suit for lack of jurisdiction.