CSNAC petitions Disciplinary Committee to sanction Daodu, Magaji for misleading Saraki

CSNAC petitions Disciplinary Committee to sanction Daodu, Magaji for misleading Saraki

A coalition, Civil Society Network Against Corruption, (CSNAC), has urged the National Judicial Council (NJC), to sanction counsels to the Senate President, Senator Bukola Saraki, stating that they mislead the lawmaker in his ongoing trial at the Code of Conduct Bureau Tribunal.

 In a statement issued by the organisation, which comprises of over 150 civil society groups, CSNAC through its chairman, Olanrewaju Suraj said Saraki's lead counsels, Messrs. Daodu and Magaji, both Senior Advocates of Nigeria, erred by advising their client to defy the summons of the Code of Conduct Tribunal.
The CCB&T had summoned Saraki to answer a 13-count charge of fraudulent acquisition and declaration while in office as the governor of Kwara State between 2003 and 2011.

The statement said the accused person did not appear at the Tribunal scheduled to commence on Friday, September18, 2015 because the SANs were looking for an ex parte order to prevent the Tribunal from sitting. 

"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.  

"On his part, although Mr. 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."

While establishing that the misleading advice from the SANs was responsible for his abstinence from the tribunal, the group said, "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."

Pegging their call for sanction on the misleading advice, the coalition said, "Having betrayed their Oath as senior advocates by advising their client to treat the Code of Conduct Tribunal with disdain, they ought to be sanctioned to serve as a deterrent to other lawyers in the country. 

"We are therefore compelled to request the Legal Practitioners Privileges Committee to sanction the senior advocates who have been indicted by the senate president. "Having led their client to defy the summons of the Code of Conduct Tribunal we urge the Legal Practitioners Privileges Committee to sanction Messrs Daudu and Magaji as their conduct is a total betrayal of the Oath taken by them as legal practitioners. 

"The discipline of the two senior advocates of Nigeria will serve as a deterrent to other legal practitioners who are in the habit of advising their clients to treat court orders with disdain," the group averred.

23rd September, 2015

Legal Practitioners Disciplinary Committee (Body of Benchers)

Court of Appeal Headquarters,

Three Arms Zone,

Shehu Shagari Way,

Abuja

Dear Sir, 

Request for investigation and sanction of Messrs Magaji and Daodu (SANs)

The Civil Society Network Against Corruption (CSNAC) is a coalition of over hundred and fifty anti-corruption organizations whose primary aim is to constructively combat corruption and ensure effective monitoring of anti-graft agencies charged with the fight against corruption and enthronement of transparency, accountability, probity towards the eradication of corruption in Nigeria.

 

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, September18,.2015. As the accused person did not appear in the Tribunal the Inspector - General of Police was directed to produce him. 

Although 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 levelled against them by their client.

Having betrayed their Oath as senior advocates by advising their client to treat the Code of Conduct Tribunal with disdain they ought to be sanctioned to aerve as a deterrent to other lawyers in the country. We are therefore compelled to request the Legal Practitioners Privileges Committee to sanction the senior advocates who have been indicted by the senate president. 

Having led their client to defy the summons of the Code of Conduct Tribunal we urge the Legal Practitioners Privileges Committee to sanction Messrs Daudu and Magaji as their conduct is a total betrayal of the Oath taken by them as legal practitioners. The discipline of the two senior advocates of Nigeria will serve as a deterrent to other legal practitioners who are in the habit of advising their clients to treat court orders with disdain.

We thank you in anticipation of your prompt and professional treatment of this petition.