Justice
Adebukola Banjoko of the Federal Capital Territory, FCT High Court,
Gudu, has adjourned to April 27 and 28, 2017 for further hearing in the
trial of Joshua Dariye, a former governor of Plateau State.
Dariye is facing a N1.162 billion fraud charge preferred against him by the Economic and Financial Crimes Commission, EFCC.
On March 16, 2017 his counsel, G.S. Pwul, SAN, brought an application before the court, seeking to disengage himself.
Pwul
had told the court that he had come to the decision “to withdraw
further appearance in court for the defendant". He had argued that
Section 36 (6) of the 1999 Constitution, provided for “the right of the
defendant to choose who will represent him in court”.
His
argument was countered by Rotimi Jacobs, SAN, who averred that Section
349 of the Administration of Criminal Justice Act, ACJA 2015, which
deals with “non-appearance and non-representation of legal
practitioner”, ought to be considered as the guide in a criminal case.
In
her ruling, Justice Banjoko said: “The balance of argument between the
ACJA 2015 and the 1999 Constitution is the Rule of Professional Conduct,
guiding the legal practitioner.”
Quoting
from it, the trial judge noted that: “a lawyer shall not abandon or
withdraw an employment once assumed except for good cause”, adding that
ethically, a lawyer may withdraw from client’s employment, if there is
“conflict of interest between the lawyer and the client; where the
client insists on an unjust or immoral course in the conduct of his
case; if the client persists against the lawyer’s advice and
remonstrance in pressing frivolous defences; and if the client
deliberately disregards an agreement or obligation as to payment of fees
or expenses”.
Giving
an evaluation of Pwul’s argument, the trial judge noted that “this
application for disengagement was not based on the choice of the
defendant, but the choice of Pwul and so strictly speaking, the
Constitution doesn’t apply as it was counsel’s own voluntary decision to
withdraw and not the defendant”.
Justice
Banjoko while acceding to his application, however, noted that while
Pwul complied with the rules by filing a motion on notice on March 17,
2017 “his grounds do not display any good reasons”.
"However,
for overriding interest of justice, the court will accede as per notice
of withdrawal, and without further ado, ‘this horse’ is hereby set
free," the judge held.
The judge thereafter, adjourned to April 27 and 28 to allow time for Dariye to get a new counsel to represent him in court.
Wilson Uwujaren
Head Media & Publicity
20 March, 2017
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