Magistrate's court bars Senior Advocate from trial
From Seun Adeoye,
Osogbo
AN Osogbo Magistrate's Court yesterday disqualified a Senior Advocate of Nigeria (SAN) from standing as a lead counsel in a N127 million fraud case brought against former Osun State Secretary to Government (SSG), Alhaji Sola Akinwunmi and Finance Commissioner, Chief Lere Adebayo.
The magistrate, Mr. Jide Falola, ruled that Chief Niyi Akintola, a SAN, was not allowed by law to appear before a lower court of law.
Akintola, on Monday took over the case from Wale Afolabi, a former Speaker of the state House of Assembly, but the prosecution counsel kicked against his appearance for the accused persons.
Kalejaye cited Sections 2(1), 5(7) and 7(1) of the legal practitioners Act (LPA), noting that a person in the rank of a SAN could not appear before a magistrate's court.
He pointed out that Sections 2(1, 2 and 7), 3 (4 and 6) and 7(1) in the SAN privileges and function rules actually barred Akintola from defending any accused person in a court apart from "a court of record".
He stated that a SAN could only appear before the Supreme Court, Court of Appeal, Federal and State High Courts and the Sharia Courts.
. While responding, Akintola said the 1999 Constitution granted fundamental human rights to all Nigerians and "every client has the right to choose his counsel".
"The law cited (by the prosecution counsel) is an existing law and is subject to the provision of the Constitution. Each accused person has their fundamental human rights granted in Section 36 (6c) of the 1999 Constitution".
Falola subsequently adjourned the ruling to 1 p.m. yesterday. Delivering his 37-minute ruling, the trial magistrate said since Rule of the Legal Practitioners Act bared SANs from originating process in any inferior court, it then followed logically that such a SAN could not "argue a process he did not originate".
While acknowledging that Section 36 (6c) allows an accused person the right choice of any counsel, he pointed out that there was the need to respect the dignity of a SAN which could only be granted in a superior court.
The magistrate said the accused elected to be tried in his court, therefore they were bound to be tried in the court and "it is too late to be tried in another higher court".
"The objection by Kalejaye is hereby sustained. He (Akinola) is disqualified from appearing in this court. Every argument made by him is hereby nullified. The law does not deal with sentiments, it has to be applied," he said.
Falola then rose and gave the accused persons another opportunity to pick a new counsel that would defend them in the N127 million scam in the "Bola Ige House" project.
At the resumption of hearing, former deputy governor of Oyo State, Chief Iyiola Oladokun was picked to lead 11 other counsel to appear for Akinwumi and Adebayo.
While adjourning the case to Friday when he is expected to deliver ruling on a written application for bail to be submitted by both counsel, the magistrate ordered that the accused persons be remanded in Ilesa Prison.
Meanwhile, hundreds of Alliance for Democracy supporters stormed the court premises in solidarity with the accused persons.`
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