Rotimi Jacobs, the lead prosecution lawyer in the trial of Senate President, Bukola Saraki, says it reeks of double standard for the latter to insist on remaining a Senator while urging the Code of Conduct Tribunal Chairman, Danladi Umar, to withdraw from his (Saraki’s) trial over bribery allegations.
Speaking during the trial on Wednesday, Jacobs said: “This motion is absurd. The defendant (Saraki), who has been charged to court, is still performing his statutory duty as a senator till today, saying that the Constitution guarantees him presumption of innocence.”
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“He is saying that he remains a senator. He is saying that he will continue to be Senate President and he will continue to perform his duties. But he is saying that your lordship (Umar), who was merely investigated, should not be allowed to enjoy the presumption of innocence and that your lordship should not be allowed to continue to perform his duties.”
“Your lordship has not been charged before any court. No charge has been filed against your lordship. That is the absurdity in their motion. This application is only filed to achieve one purpose; to embarrass the tribunal,” Jacobs said while responding to a motion by Saraki, asking the tribunal Chairman to disqualify himself from the trial on the grounds that he was investigated for bribery allegation.”
“If investigation has been concluded and someone is already facing trial, will the defendant be right to say that the tribunal chairman is involved in on-going investigation. He cannot be right. The investigation has been concluded since March 2015.”
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“This is stated in our counter-affidavit which was never challenged. That is what led to the charge he referred to. The person on trial is the only one recommended for prosecution.”
“The letter did not recommend your lordship for prosecution. That is not what the letter says. The letter clearly stated with overwhelming evidence the person to be prosecuted. We should fear God, we are counsel.”
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