NBA silent on lawyers’ action at tribunal
The Nigerian Bar
Association (NBA) was silent yesterday on the walk-out during
yesterday’s proceedings in the trial of Senate President Bukola Saraki
at the Code of Conduct Tribunal.
A team of lawyers representing
Saraki walked out on the tribunal after it refused their application to
suspend proceedings, but one of the lawyers, Mahmud Magaji, denied
walking out on the judge. He said the defence counsel was permitted to
leave after applying to “withdraw “from the case.
NBA President Augustine Alegeh (SAN) did not answer or return telephone
call to him last night. He also did not reply a text message to his
phone.
But a former NBA President Oluwarotimi Akeredolu (SAN) said
he did not believe the lawyers “walked out” on the judge even though a
counsel reserved the right to withdraw appearance for his client at any
time, in which case he would inform the judge of his decision before
leaving the courtroom.
“It is within a counsel’s right to withdraw
further appearance for his client at anytime of his calling. He of
course will inform the judge of his decision before exiting the walls of
the court. This will not be tantamount to waking out on the court or
judge,” he said.
One of the oldest SANs, Chief Felix Fagbohungbe,
said while it is against the ethics of the legal profession for a lawyer
to walk out on a judge in protest, a lawyer cannot be sanctioned if he
leaves the courtroom on the judge’s permission or after a ruling had
been delivered.
“Was it really a walk-out? If they left after a
ruling; that may not amount to a walk-out on the court. In that case,
the tribunal can proceed with other cases. I don’t see what has happened
as a walkout. I think they left after the ruling. For anyone to
describe it as a walk-out would be to blackmail the lawyers,”
Fagbohungbe said.
Mr. Abiodun Owonikoko (SAN), said although the
Rules of Professional Conduct for Legal Practitioners does not provide
for an express right of walk-out, the circumstances may be such as to
leave a counsel with no choice than to withdraw from proceedings based
on good conscience and duty of care to a client, especially where
participation in a palpably illegal proceedings may prejudice the
client’s interest.”
Source:- The Nation
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