ABUJA – The Supreme Court has stayed proceedings in the trial of Senate President Bukola Saraki at the Code of Conduct Tribunal pending the determination of the appeal filed by the politician at the apex court.
Leading a 4-man judges panel of the Supreme Court in the case yesterday, Justice John Fabiyi ordered Justice Danladi Umar-led CCT to “tarry awhile” and await its decision in the appeal filed by Sen. Saraki. The court also averred that it would accelerate hearing on Saraki’s appeal.
Sen. Saraki who is battling with his arraignment on a 13-count criminal charge at the CCT, is challenging the jurisdiction of the tribunal to try him.
“it is imperative to state that all the parties, including the Code of Conduct Tribunal, should tarry a while to enable this court to determine the appeal before it.
In effect, further proceedings before the Code of Conduct Tribunal should be stayed pending the hearing of the main appeal. Hearing date shall be communicated to the parties in due course,” Justice Fabiyi held in a ruling that was adopted by other members of the panel.
The directive by Supreme Court followed an undertaking by respondents’ lawyer, Rotimi Jacobs (SAN), to the effect that since the court has granted accelerated hearing in the appeal, he will prevail on the CCT not to proceed with trial until the apex court rule on Saraki’s appeal.
According to Justice Fabiyi, “the appellant’s brief of argument was filed yesterday (November 11, 2015). The respondents’ brief of argument shall be filed within seven days from today. If need be, the appellant’s reply shall be filed within seven days thereafter”
“All these point to the fact that both parties are interested in expeditious hearing of the main appeal before this court.
Learned counsel for the respondents has given an undertaking that no unusual steps would be taken on behalf of the respondents. It is imperative to say that parties, as well as the Chairman of the Code of Conduct Tribunal (CCT), should tarry awhile”, he continued.
The court, however, gave both parties seven-days each to file and served their briefs in other to ensure that the matter receives accelerated hearing.
Earlier, the Prosecuting Counsel, Rotimi Jacobs (SAN), gave an undertaking that the Federal Government would not do anything until the Supreme Court had made final decision on the appeal.
Jacobs urged the court to give the matter accelerated hearing in line with Section 306 of the Administration of Criminal Justice Act 2015.
He specifically said Section 306 of the Act has removed the discretional and inherent powers of any court, including the Supreme Court to grant a stay of proceeding in a criminal matter.
According to him, the motive of the legislature in enacting the ACJA is to put to an end to the usual delay suffered in the prosecution of criminal matters, which has led to inability of the authority to curb corruption.
Jacobs, however, appealed to the justices not to render Section 306 of the Administration of Criminal Justice Act 2015 nugatory.
He submitted that the decision of the apex court might not augur well, especially in the trial courts where such decision could be abused to grant stay of proceedings even when there was no need for such.
Earlier, Joseph Daudu (SAN), Counsel to Saraki, urged the apex court to stop the proceedings at the CCT pending the determination of the appeal.
Daudu told the court that the appellant was challenging the jurisdiction of tribunal and the legality of his trial at the tribunal.
He also argued that that the tribunal was not properly constituted by three-man panel as required by law.
The appellant’s counsel urged the court to put the trial at the CCT on hold, pending the determination of the appeal.
