Ebun Francis || The Code of Conduct Tribunal (CCT) on Thursday adjourned the trial of Senate President Bukola Saraki indefinitely.
The Senate President who was accompanied to court on Thursday by many of his colleagues is standing trial for false assets declaration filed against him by the Economic and Financial Crimes Commission (EFCC).
Danladi Umar, CCT chairman, at the resumed trial 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.
According to Umar, 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.”
He further averred that the decision of the supreme court will “invariably affect” the decision of the tribunal”, noting that: “We have to protect the integrity of the supreme court first but we need to hear from you (the prosecution and defence counsels.)
In his response, counsel to the federal government, Rotimi Jacobs advised the court to proceed with the trial “in view of the position of law today.”
According to him, section 306 of the administration of criminal justice act enjoins the court not to entertain any application for a stay.
Jacobs argued, “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.”
Also responding. Saraki’s counsel, Kanu Agabi, said they are not behind the idea for a stay of proceedings but must be mindful of the integrity of the supreme court.
Agabi said, “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.”
“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.”
The CCT chairman in his ruling said the tribunal will 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 appeals, we will be hesitant to proceed pending when the appeals are determined.
“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.”
Umar subsequently adjourned the case indefinitely pending supreme court’s decision.