
A cross section of lawyers in Abuja have condemned the walk out by the senior counsel to the President of the Senate, Dr. Abubakar Bukola Saraki, at the Code of Conduct Tribunal on Thursday.
The lawyers, who spoke with the News Agency of Nigeria, described the walkout by Mahmud Magaji (SAN) and Ahmed Raji (SAN) as a disgrace to the bar.
Some of the lawyers, who spoke to NAN, said the action of the lawyers was unethical, while some blamed the judge for not taking appropriate action to charge them for contempt.
Nnanna Oketa said young lawyers were highly disappointed with the conduct of the senior advocates, adding that the action was more political than judicial.
Oketa said: “The truth is that what transpired yesterday at the Code of Conduct Tribunal is to say the least degrading of our profession.
“It was terrible and should not be associated with lawyers.
“Lawyers are expected to conduct themselves appropriately with the highest level of decorum when they are in court.
“That is not how we are trained and we hope that does not happen again.
“The truth is that if your prayer is not granted by the court, there is a window of appeal if you are not comfortable with the ruling of the court.”
Oketa stressed that lawyers and citizens alike must be properly guided by the rules of court in their conduct before the court and a judge.
Another legal practitioner, Anthony Ekuma, said the action of the senior lawyers was “most unruly”.
Ekuma said: “What they have done is a violation of Section 30 of the Rules for Professional Conduct for Legal Practitioners 2007, as amended.
“With due respect to the learned seniors, they should know that notice of appeal does not constitute a stay in the hearing of a trial before a court.”
Ekuma also condemned the action of the tens of senators who accompanied Saraki to the tribunal.
The senators had reportedly raised their voices in support of the lawyers when they walked out of court, thereby disrupting the proceedings of the tribunal.
“The law is in no respecter of anyone, no matter how highly placed therefore you are expected to conduct yourself orderly while in court.
“There must be maintenance of decorum in the conduct of anybody in the court during proceedings no matter who the person is.”
NAN recalls that Saraki, who is standing trial before the tribunal on allegations of false asset declaration, had appealed to the Supreme Court seeking to stop the trial.
The lawyers had applied to the tribunal to stay proceedings in the trial pending the decision of the apex court.
The tribunal, presided by Justice Danladi Umar, however, in its ruling upheld the argument of the prosecution that staying proceeding would hamper speedy trial.
In his ruling, Umar relied on Section 306 of the Administration of Criminal Justice Act 2015, which states: “An application for stay of proceedings in respect of a criminal matter before the court shall not be entertained.”
Similarly, Umar said Section 305 (1) of the Act allows the trial court to exercise its discretion on stay of proceeding if an issue on the interpretation of the constitution is raised before an appellate court.
The section reads: “Where a question as to the interpretation of the Constitution of the Federal Republic of Nigeria arises in the course of trial and is referred to the Court of Appeal under the provisions of the constitution, the court before which the question arose may in its discretion:
“(a) adjourn the trial until the question has been considered and decided
“(b) conclude the trial and postpone the verdict until such time as the question has been considered and decided, or
“© conclude the trial and pass sentence but suspend execution until such time as the question has been considered and decided,
“And in any such case the court in its discretion shall commit the defendant or convict to prison or admit him to bail in accordance with the provision of Part 19 of this Act.”
Magaji and Raji had withdrawn their services as lawyers representing Saraki at his trial on allegation of false asset declaration before the tribunal.
They had also staged a walk out with the junior lawyers who appeared with them before the tribunal concluded the case.
The lawyers openly announced their withdrawal following their perceived dissatisfaction with the ruling of the tribunal on their application for stay of proceedings.
They expressed displeasure with the decision of the tribunal refusing the application to stay proceeding in the trial pending the determination of an appeal they filed before the Supreme Court.
Specifically, Magaji had said: “This is a judicial rascality and I cannot be part of this process.
“I therefore withdraw my representation as the respondent’s counsel.”
Speaking in same vein, Raji said: “We have pending application before the supreme court.
“I believe that in the hierarchy of court, we have the tail and the head, and the tail cannot dictate for the head as we have seen here.
“I also withdraw my services as lawyer to the respondent.”
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