The Supreme Court of Nigeria has ordered a stay of proceedings in the ongoing trial of the Senate President, Dr. Olubukola Saraki, at the Code of Conduct Tribunal (CCT) on allegations of false asset declaration.
The trial initiated by the federal government against Saraki was put on hold pending the hearing and determination of his appeal challenging the legality of his trial at the CCT before the apex court.
At the hearing of Saraki's application for stay of proceedings, counsel to the federal government, Rotimi Jacobs, who had earlier objected to the application for stay, made a dramatic turnaround in telling the court that he will sign an undertaking to not proceed with anything with regard to the case at the CCT "once the Supreme Court can grant accelerated hearing in the pending substantive appeal."
Jacobs told the panel of five Justices led by John Fabiyi that nothing on the side of the prosecution will be done to prejudice the apex court.
To ensure speedy hearing of the substantive appeal, the prosecution informed the court that he would file his brief of argument against Saraki’s substantive appeal on Monday and urged the court to compel the appellant to also file his own brief of argument within two days so that an early date could be fixed for hearing of the matter .
The action taken by the prosecution overtook the earlier objection to the application seeking a stay.
In his argument against the application, Jacob submitted no court of law administering justice has power to grant stay of proceedings in view of the introduction of the administration of criminal justice act .
Specifically, the prosecuting counsel submitted that section 306 of the act had removed the discretional and inherent powers of any court to grant stay in any criminal matter .
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