This followed arguments by one of Saraki’s counsels, Paul Irokoro, SAN, who insisted that the tribunal Chairman should disqualify himself from the ongoing matter.
Saraki is currently facing a 16-count charge of false assets declaration while he was the Governor of Kwara State.
Saraki through his lead counsel, Kanu Agabi, SAN, had on June 13, 2016 filed a fresh motion which sought the disqualification of the tribunal Chairman in the ongoing trial.
The motion cited bias and lack of moral standing as its reason for the fresh motion and was supported by a 13 page affidavit which was deposed to by one Olufemi Balogun.
The Senate President in the motion claimed that Umar was in a hurry to convict him without giving him fair hearing and the opportunity to defend himself.
Saraki anchored his claim on what he considered a threat by the Chairman who alleged that the delay tactics employed by him in his trial will not reduce the consequences that he would meet from the tribunal at the end of the trial.
At the resumed hearing today, Saraki’s counsel, Paul Irokoro, SAN, said base on section 30 of the constitution, Umar can no longer preside over the matter.
“Section 30 made it clear that its no longer longer possible for my Lord to be fair to the defendant due to the statement of prejudice he made.
“The prosecution has also not denied that the chairman made a statement such as ‘I’m not happy with the delayed tactics by the defence team, rather they implicitly admitted the Chairman made the statement.”
He argued that the Chairman has not filed any counter affidavit disputing the fact that he made the statement.
Irokoro contended that the fresh motion was different from that which was earlier filed.
The counsel said Umar should step down from the case because his client had initially filed a similar motion which the “defendant contended that because the Chairman was under investigation by the Federal Government who is prosecuting him, the Chairman is likely to be blackmailed into convicting the him wrongly.”
Irokoro further argued that the prosecution claimed that the Chairman promised to ‘keep his mind open and do justices in the matter’ but contended that there is no record that Umar made such a statement and if he said so its “a reason for the defence team to be afraid, this frightens us even more.”
Responding to Irokoro’s submission, Rotimi Jacobs, SAN, said the tribunal Chairman can continue to preceed over the matter.
Rotimi explained that the chairman meant in his statement that the matter must end, stressing that the statement was not prejudicial in any way.
He maintained that the affidavit of “concern the defence claimed it got from people to support the motion is non admissible in law.”
He described those who deposed to the affidavit as “rash persons who are out for political patronage and a court should not consider them.”
Rotimi urged the tribunal to dismiss the motion because it’s frivolous and an abuse of legal processes.
After listening to both counsels, Umar adjourned the matter till July 13 for ruling on the motion. Click to signup for FREE news updates, latest information and hottest gists everyday
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