The Code of Conduct Tribunal (CCT) has
adjourned the trial of Senate President Bukola Saraki indefinitely.
Saraki is being tried on three of
the 18 counts of false assets declaration filed against him by the Economic and
Financial Crimes Commission (EFCC).
At the resumed trial on Thursday,
Danladi Umar, CCT chairman, called the attention of the parties to a letter
from the defendant dated January 19, 2018, seeking a stay in the criminal
proceedings as a result of two appeals pending before the supreme court.
He said going by sections 305 and
306 of the administration of criminal justice act, an appeal does not mean stay
in proceedings “but in view of the fact that there are some issues in the
appeal before the supreme court which are involved in this case, we think it is
germane to consider the integrity of the apex court.”
“The decision of the supreme
court will invariably affect the decision of the tribunal,” he said, adding:
“We have to protect the integrity of the supreme court first but we need to
hear from you (the prosecution and defence counsels.)
Responding, Rotimi Jacob, counsel
to the federal government, advised the court to proceed with the trial “in view
of the position of law today”.
He argued that section 306 of the
administration of criminal justice act enjoins the court not to entertain any
application for stay.
“So the appeal before the supreme
court is not an issue of reference. And section 305 also permits the court to
go ahead assuming it is an issue of reference,” he added.
But Kanu Agabi, Saraki’s counsel,
said the idea of staying the proceedings “is not our initiative.”
“it is the initiative of the
tribunal and we commend you for it. The prosecution also has an appeal at the
supreme court, so it is not just us,” he said.
“We must be mindful of the
integrity of the supreme court. The first principle established by the supreme
court is that a right of appeal ought not to be fettered. Our appeal at the
supreme court is fettered by this proceeding.
“We would not want the supreme
court to question us on why we are litigating this matter when it is pending
before them.”
In his ruling, the CCT chairman
said the tribunal would be guided by the constitutional right to fair hearing
and the right to appeal.
“Since the supreme court is
giving an accelerated hearing of the appeal, we will be hesitant to proceed
pending when the appeal is determined,” he said.
“To be on the safer side, the
tribunal has decided to tarry for a while so that the integrity of the court
will not be tampered with.”
He, therefore, adjourned the
matter indefinitely, pending the decision of the supreme court.
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