The Code of Conduct Tribunal (CCT) Thursday halted further proceedings in the false assets declaration trial of Senate President, Bukola Saraki to await the decision of the Supreme Court in pending appeals relating to the case.
CCT Chairman, Danladi Umar announced an indefinite adjournment in the trial yesterday, which was earlier scheduled for parties to adopt their final written addresses.
The CCT had earlier ended the trial abruptly when on June 14, 2017; it upheld the no-case submission made by Saraki, to the effect that the prosecution was unable to establish its case against him.
Upon an appeal by the prosecution, the Court of Appeal, Abuja, in a judgment on December 12, 2017, partially set aside the CCT’s decision on Saraki’s no-case submission.
The Court of Appeal upheld the CCT’s decision in respect of 15 out of the 18 counts contained in the charge against Saraki, on the grounds that the prosecution failed to establish a prima facie case to warrant the defendant to be called to enter his defence in relation to the 15 counts.
In relation to the remaining three counts, the Court of Appeal held that the prosecution led sufficient evidence to establish a prima facie case against Saraki, and ordered him to enter his defence on the three counts.
Saraki later appealed, at the Supreme Court, that portion of the Court of Appeal judgment ordering him to enter defence in relation to the three counts. He prayed the Supreme Court to restore the CCT decision, upholding his no-case submission.
The prosecution cross-appealed, at the Supreme Court, the portion of the Court of Appeal judgment which voided 15 of the 18 counts in the charge against Saraki. It urged the Supreme Court to restore all the 18 counts and order Saraki to enter defence in respect of all the counts.
Despite the appeals by parties, the CCT ordered the recommencement of Saraki’s trial on February 6 this year, during which the Senate President called his only witness and closed his case, following which the tribunal adjourned to February 27 for the adoption of final written addresses.
The adoption failed to hold on February 27 because the defence, led by Kanu Agabi (SAN) prayed for time to file a response to the prosecution’s final address, which he said was served on his team late. The tribunal the adjourned to February 7.
When parties got to the tribunal yesterday, Umar sought parties’ opinion on whether the tribunal could proceed with the trial in view of their appeals pending before the Supreme Court.
In reaction, lead prosecution lawyer, Rotimi Jacobs (SAN), objected to the postponement of proceedings “in view of the position of the law today”.
Citing Section of 306 of the Administration of Criminal Justice Act (ACJA), Jacobs said the provision enjoins the court not to entertain any application for stay of proceedings in a criminal trial.
He noted that the Supreme Court has equally interpreted and upheld that provision of the ACJA in the case of Metuh and the Federal Republic of Nigeria.
Jacobs argued that Section 305 of the ACJA, which the tribunal Chairman referred to, had to do with reference of an issue to a higher court.
He noted that the appeals pending before the Supreme Court do not amount to referral.
Jacobs added: “Assuming it has to do with reference, that section allows your lordship to go on.”
He also drew the tribunal’s attention to a letter dated January 19, 2018, which Saraki wrote to the CCT asking for the trial to be suspended pending the determination of the appeals pending at the Supreme Court.
On the letter, Jacobs argued that since the defence chose to proceed with the trial by calling its only witness on February 6, it was too late in the day for them to pursue the prayers contained in their letter dated January 19 and sent to the CCT.
In a counter argument, Agabi noted that the question about the necessity of an adjournment pending the Supreme Court’s decision on the appeals by parties was the initiative of the tribunal and not the defence’s.
Agabi noted that since both parties have pending appeals at the Supreme Court that relate to the trial, it was better to await the decision of the apex court on the matter.
He also said the Supreme Court had on Wednesday invited parties to appear for the hearing of the appeals next Thursday, March 15.
Agabi siad:”We must be mindful of the dignity of the Supreme Court.”
On why the defence, chose to proceed on February 6 rather that pursue its earlier request for the suspension of the trial pending the Supreme Court’s decision, Agabi said: “You (the tribunal) summoned us here and we came here”. Since you said we should proceed we proceeded.”
Agabi stressed the need to halt further proceedings in the trial in order not to jeopardise the appeals before the Supreme Court. He added: “A right of appeal ought not to be unduly fettered.”
Ruling, Umar noted that each of the parties has an appeal pending before the Supreme Court in relation to the trial.
The CCT Chair in view of the right to fair hearing and the right of appeal, from lower court to appellate court, there was the need for the tribunal “to tarry awhile so that the integrity of the Supreme Court will not be played with.”
He subsequently adjourned to await the outcome of the pending appeals at the Supreme Court.
