The CJN was set to disband the Justice John Fabiyi-led five-member panel which on November 12, 2015, had granted an order of a stay of proceedings in the Senate President’s trial before the CCT.
According to Punch, a valedictory court session is to be held for Justice Fabiyi, who attains the retirement age of 70 on November 25, 2015, his birthday.
Other Justices of the Supreme Court, who are on the panel with Justice Fabiyi, are Justices Suleiman Galadima, Kudirat Kekere-Ekun, John Okoro and Amiru Sanusi.
The decision to disband the panel is partly due to the outcry generated by the Supreme Court’s ruling and the imminent retirement of Justice Fabiyi from the bench on November 25.
Eminent lawyers like Prof. Itse Sagay (SAN), Chief Folake Solanke (SAN), Chief Adegboyega Awomolo (SAN), Femi Falana (SAN), Jiti Ogunye and Malachy Ugwummadu, had described the Supreme Court’s ruling as contravening provisions of the new Administration of Criminal Justice Act.
The ACJA prohibits granting of a stay of proceedings in criminal cases.
Sources said the CJN, who was on an official trip abroad when the Supreme Court’s ruling was delivered on November 12, would likely head the fresh panel to be constituted.
It was learnt that Mohammed might head the fresh panel that would be constituted due to a number of contentious issues in the appeal filed by Saraki in his appeal.
A source said, “With the public interest in the case and coupled with the retirement of Justice Fabiyi next week Wednesday, the panel has to be disbanded.
“It is the practice of the Supreme Court that when a number of contentious constitutional issues are raised in an appeal such as this one (Saraki’s case), the CJN is likely to head such appeal panel.”
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