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The Civil Society Network Against Corruption has petitioned the Legal Practitioners Disciplinary Committee of the Nigerian Bar Association, calling for sanctions against a former NBA President, Joseph Daudu, SAN and other counsel to President of the Senate, Bukola Saraki, in the ongoing trial at the Code of Conduct Tribunal.
The group, which is a coalition of over 150 anti-corruption organizations monitoring anti-graft agencies charged with the fight against corruption in the country, is asking the LPDC to investigate the duo for alleged professional misconduct.
The letter, dated November November 6, and addressed to the Chairman of the LPDC/NBA, alleged that the two senior members of the NBA, by their conduct and handling of the trial of Mr. Saraki at the Code of Conduct Tribunal betrayed “the Oath as Senior Advocates by advising their client to treat the Competent Court of jurisdiction and by extension the judiciary with disdain.”
The letter, which was signed by the CSNAC’s Chairman, Olanrewaju Suraju, and a follow up to an earlier to the LPDC/NBA, accused Mr. Daudu and his colleagues of advising the President of the Senate to refuse to appear before the tribunal while they sought other means to ensure that Mr. Saraki did not appear in court for trial.
“On Friday 18th September, 2015 the Code of Conduct Tribunal summoned the Senate President, Senator Bukola Saraki to appear before it to stand trial. The accused person did not appear at the Tribunal. Instead of advising his client to honour the summons Mr. Magaji SAN headed for the Federal High Court where he unsuccessfully sought an order ex parte to restrain the Tribunal from hearing the criminal case scheduled to commence on Friday, September 18,.2015. As the accused person did not appear in the Tribunal the Inspector – General of Police was directed to produce him,” the petition read.
“Mr. Joseph Daudu SAN had undertaken to produce his client on Monday, September 21, 2015, he rushed to the Court of Appeal where he unsuccessfully sought an ex parte order to prevent the Tribunal from sitting. On that same day the Federal High Court refused to stop the Tribunal from sitting.
“Once again, the accused person did not appear at the Tribunal. In defending his action for treating the Code of Conduct with contempt in the circumstance, the Senate President disclosed to Nigerians that he did not appear at the Tribunal on the advice of his lawyers.
“The lawyers of the Senate President are being led by Mr. B. Daudu SAN and Magaji SAN. Other senior advocates in the team are S.B Ali SAN, Adelodun SAN. None of the senior advocates has challenged or controverted the serious allegation of professional misconduct leveled against them by their client.”
CSNAC held that the actions of the senior members of the inner bar, who were expected to be role models for upcoming junior members, were considered a betrayal of their oath as Senior Advocates and as legal practitioners by advising their client to treat the Competent Court of jurisdiction and by extension the judiciary with disdain.
“We had demanded their sanction to serve as a deterrent to other legal practitioners in the country,” the anticorruption group stated.
It noted that the discipline of the two Senior Advocates of Nigeria would serve as deterrent to other legal practitioners in the habit of advising their clients to treat court orders with disdain.
CSNAC drew the attention of the disciplinary committee to the fact that despite its earlier petition dated 23rd of September 2015, the committee had yet to receive any acknowledgment or an update from it.
“Your delayed treatment of this petition in reference has further embolden these lawyers involved in the trial to subject the country to international ignominy and desecration of the judiciary with unprofessional conducts not experienced in the history of legal practice in Nigeria,” CSNAC asserted.
“Again, on Thursday November 5, 2015, these Senior Lawyers were alleged to have walked out on the Code of Conduct Tribunal after the tribunal refused their application for stay of proceedings in the asset falsification trial against the Senate President.
“There is no doubting the role of Sakari’s lawyers to serve the best interest of their client but should be done in a manner that would uphold integrity of the administration of justice and the judicial system. If the allegation of walking out on the Code of Conduct Tribunal is correct, It offends the basic rule that lawyers should act with integrity and professionalism, maintaining his or her overarching responsibility to ensure civil conduct.”
CSNAC also reasoned that senior lawyers have a responsibility to act as custodian of ethics and professionalism in the profession, noting that the unruly walkout on the Tribunal was reported to have embolden senators on the entourage of the accused person to heckle the Tribunal, causing unprecedented stampede of the court process.
“These continuous undermining of the rule of law and an attempt at undermining the Court is a threat to our democracy and criminal,” it stated.
“Where some of these lawyers are in the process of filing notice of appeal at the Supreme Court, challenging the ruling of the Court of Appeal, another set of Lawyers were before a Federal High Court in Lagos shopping for an injunction to restrain the Tribunal from proceeding with trial,” it further stated.
“Their acts are not only unbecoming but capable of setting the Judiciary against itself. Failure of the NBA internal mechanism to rein in its errant members spells danger for the association, and by extension the profession.
“If at all these senior lawyers are dissatisfied with the ruling of the Tribunal there are laid down processes to follow for redress and also to demonstrate their role as officers in the temple of justice rather than subjecting the judge and Tribunal to public disgrace and disrespect.
“We are by this reminder urging the LPDC/NBA to urgently investigate previously submitted petition and the latest development as it concerns these Senior Members of the Bar and apply appropriate sanction.”
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