‘EFCC is holding a sword of Damocles over Justice Umar’ – Saraki’s lawyer

The Chairman of the Code of Conduct Tribunal, Danladi Umar, again on Wednesday, threatened to throw out Senate President, Bukola Saraki’s lawyer, Ajibola Oluyede (SAN), for being unruly in court.

Oluyede had requested the CCT chairman to disqualify himself from the case but the judge threatened to throw him out of the court for speaking in a “confrontational and untamed manner.”

Umar pointedly told the lawyer that: “I don’t want to repeat what I did to you last week. If you continue this way, I will do it again.”

Oluyede had prayed the judge to withdraw from the trial on the basis that he was being manipulated by the Economic and Financial Crimes Commission, noting that the judge cannot dispense justice to its fullest as he is currently under investigation by the anti-graft agency.

Oluyede argued that: “The reason why we are here is that the EFCC is prosecuting the defendant before tribunal. The EFCC is holding a sword of Damocles over the Honourable Justice Umar.”

“The presence of Umar on the panel removes the guarantee that the tribunal will act independently or impartially. I urge the tribunal to grant the relief sought.”

On his part, counsel to the federal government stated that: “Your lordship is not under any trial. Your lordship has not been convicted. The defendant here is still performing his duty as senate president, and he is now saying that a judge who has not been charged should withdraw from trial.”

“Assuming is the EFCC that filed this charge, is there any evidence of an ongoing investigation against the tribunal? Investigation has been concluded since March 2015.”

“This application is only to harass and intimidate the tribunal. This is not an EFCC case.”

“There is a series of harassment; they are harassing the tribunal and the prosecution. An attempt was made to amend the law setting up the tribunal just because an individual is on trial. And they even invited the chairman of the tribunal saying they are doing oversight function.”

The application filed by Saraki that sought the removal of Umar reads in part:

“An order disqualifying/recusing the Honourable Justice Danladi Umar (Chairman of this tribunal) from sitting on the panel of this tribunal for hearing and determination of the charges filed in these proceedings for the reason that his continued presence on the said panel of this tribunal offends the provisions of section 36 (1) of the constitution of the federal republic of Nigeria which prescribes that ‘In the determination of his civil rights and obligations, including any question or determination by or against any government or authority, a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its independence and impartiality.”

“A likelihood of bias by the tribunal against the appellant… undermines and withdraws from the tribunal, the jurisdiction which it is normally endowed.”

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