Once again, Senate President, Dr Bukola Saraki created a drama at the Code of Conduct Tribunal as he refused to mount the dock when his case was called.
Saraki who was accompanied by 34 Senators and 50 lawyers anchored his decision not to mount the dock on the fact that a higher court had already heard his case.
Objecting to Saraki's action, prosecution counsel, Rotimi Jacobs said that it is the tradition for an accused to enter the dock when his case is called. He said that once an accused person's plea is taken, he must always mount the dock during proceedings.
“My Lords, when a matter is called where arraignment has taken place, the first thing is for the accused person to go into the dock. I, therefore, apply that the accused be directed to move into the dock.
“Things must be done properly. The proper thing is for him to go to the dock,” he said.
However, citing Section 122 of the Evidence Act, Saraki’s lawyer, Mahmud Magaji (SAN), argued that Code of Conduct Tribunal was required to take judicial notice of the proceedings pending before the Court of Appeal.
He informed the CCT that the higher court had already heard and reserved judgment in the case.
He said :
“My Lords, going by the Supreme Court's decision in FRN vs Ibekwe, a situation like this, the lower court has to exercise certain restraint and await the outcome of the decision of the Appeal Court.”
However, the tribunal Chairman, Justice Umar upheld the prosecution counsel's position and ordered Saraki to enter the dock.
“The accused person must take his proper place,” he ruled.
Thereafter, Saraki moved into the dock following which the tribunal adjourned till November 5 to await the judgement of the appellate court.
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