Chairman Code of Conduct Tribunal (CCT) Justice Danladi Umar has said
that after analysing all the issues raised have come to the conclusion
that the matter cannot be adjourned as the Tribunal has ruled that it
has jurisdiction to hear the same and the position that has been
affirmed by the Supreme Court.
He said since the Tribunal has
ruled last week that the trial will commence today and “it is ready to
take the witnesses for commencement of trial.”
Saraki who is without is lead counsel, Kanu Agabi (SAN) is in court 90 lawyers.
The
Code of Conduct Tribunal had earlier adjourned for 15 minutes to rule
on a request by Senate President, Senator Bukola Saraki for the
adjournment of trial.
Before taking the decision to take a recess,
Paul Usoro, standing in for Chief Kanu Agabi, had in his response to
the argument of the prosecution counsel argued that the Tribunal asked
the tribunal to strike out the request for stay of proceedings before it
if it constitutes abuse of court process.
He also argued that adjournment and stay of proceedings are not the same, hence they were treated differently in law.
He also argued that the principle of law for adjournment and stay of proceedings are different.
Usoro
argued that there was no limit to the number of adjournment that can
granted by a court in ACJA. He added that this was why the Act prescribe
imposition of fines for frivolous request for adjournment.
When
proceedings began today, Usoro told Mr Danladi Umar, chairman of the
tribunal that he was leading a team of 90 lawyers and apologised for the
absence of Agabi, who was stranded in Akwa Ibom by flight difficulties.
Usoro
told the tribunal after the senate President had entered the dock and
Rotimi Jacobs had also announced his presence as the prosecution counsel
that the trial could not proceed as the team had filed a motion for
stay of proceedings pending the determination of a substantive appeal at
the Federal Appeal Court.
Jacobs said he was served the motion
for stay of proceedings about 30 minutes to the commencement of trial.
He asked the court to proceed with the trial arguing that a motion filed
when a court is about to proceed cannot stop the trial. He also said
the motion was filed today 5 April.
“My Lord, we are ready,” said Rotimi.
Via Pmnews
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