The trial of Senate President Bukola Saraki on 16 count charges of false, anticipatory declaration of assets before the Code of Conduct Tribunal was again adjourned on Wednesday following a fresh application seeking to disqualify the Chairman of the Tribunal, Mr Danladi Umar, from further presiding over the case.
Kanu Agabi, the lead defence counsel for the Senate President told the tribunal at the resumption of the trial Wednesday that he had filed a fresh application based on a warning made by the chairman during the last hearing on June 7, 2016, while warning the defence against delaying the trial.
It will be recalled that Justice Umar, while commenting on the long drawn cross examination of the first prosecution witness by the defence team last Wenesday warned the Senate President that delay tactics will not save him from the full consequences of the offences he was being tried for.
Agabi said in the fresh motion he filed for his client on Wednesday that Umar statement indicated that he has already reached conclusions on the outcome of the trial.
The Senior Advocate of Nigeria informed that the motion has already been filed before the court and the prosecution has not served him any opposing motion.
However, in reaction, Pius Akuta who stood in Rotimi Jacobs, the lead prosecution counsel informed the tribunal that prosecution had filed its reply to the motion just before commencement of proceedings. But he noted that the business of the day is continuation of cross examination of Micheal Wetkas, the first prosecution witness and not the hearing of the motion.
Akuta who said Jacobs was absent because he got two hearing notices from the Court of Appeal argued that the new motion cannot stop the business of the day, citing section 396(2) of the Administration of Criminal Justice Act to justify his argument.
He added that the application could be heard anytime, urging the tribunal to allow the cross examination of the first prosecution witness by prosecution witness by the defence to continue.
But he was opposed by Agabi who said business of the day had been overtaken by the new motion.
This is more so, he argued, since the motion bordered on the jurisdiction of the tribunal and the competence of the presiding chairman.
He therefore asked the tribunal to adjourn to enable him respond opposition to the motion.
Mr Umar conceded to Agabi and adjourned proceedings to 21 June.
It will be recalled that the CCT had last April dismissed an earlier application which sought to stop Mr. Umar from presiding over the trial over allegations that he is being investigated for a N10m bribery allegation.