Saraki vs CCT: Awomolo, Falana's Views Perverse Interpretation of Law - Ozekhome

Date: 2015-11-19

Constitutional Lawyer and Human Rights Activist, Chief Mike Ozekhome (SAN) has described the views of Chief Adegboyega Awomolo (SAN) and Mr. Femi Falana (SAN), on the Supreme Court's grant of stay of proceedings in the Case against Dr Abubakar Bukola Saraki, as an incredible "perverse interpretation" of the Law in which both men "sought to bind the Supreme Court with the uninterpreted provisions of a law that only applies to trial courts".

Ozekhome, in an opinion write up titled "Awomolo-Falana's Comment- A Case of Unfortunate Sentiments Vs Law", replied to what he called the "brash and unwarranted criticism of the apex court".

He stated that Section 306 of the Administration of Criminal Justice Act (ACJA), only states that "An application for a stay of proceedings in respect of a criminal matter before the court shall not be granted", a position which applies only to the trial court, and not to appellate courts.

"It ought to be noted that the trial of Saraki which is currently before the CCT, is not before the Supreme Court of Nigeria. What is before the apex court is an appeal from the decision of the Court of Appeal in respect of the jurisdiction of the Code of Conduct Tribunal. From the plain wording of section 306, the ACJA does not apply to the Supreme Court of Nigeria, or any other appellate court for that matter, but to the CCT", he stated.

The fiery lawyer and social critic argued that it was obvious that those criticising the order made by the Supreme Court "are merely expressing biased political sentiments rather than the correct position of the law", since the right of appeal being preserved by the Supreme Court in the stay of proceedings is sourced directly from the Nigerian Constitution, not the ACJA which a mere Statute.

"It is common knowledge that the Constitution is the supreme Law, and is superior to any other legislation. And where the provisions of any law are inconsistent with the provisions of the Constitution, such law will be void to the extent of such inconsistency. That is what section 1(3) of the 1999 Constitution says in unambiguous lucidity", he clarified.

"The powers of the Supreme Court to decide a case to finality cannot be compromised, whittled down, abated, or negated by any legislation subordinate to the Constitution. The Supreme Court is not in the habit of making orders in vain and it possesses undoubted powers to ensure that whatever decision it arrives at would not be nugatory or overtaken by events.

" Indeed, the Supreme Court is the apex court of the land. Once the Legislature has passed Laws, the function of interpreting such Laws falls within the realm of the courts. Even the High Court or Federal High Court can strike down the provisions of the ACJA for being inconsistent with section 6(6) and 36 of the 1999 Constitution. A Law that takes away a litigant's right of appeal for whatever reason is a bad and anachronistic law that must be struck down", he stated.

Ozekhome argued that the trial of Saraki before the CCT is just about two months old and it was already before the Supreme Court, adding that "Justice hurried at the expense of due process and constitutional rights of appeal is also justice denied. Indeed, it is worse than justice delayed", he argued..

"The appellant", argued the renowned Constitutional Lawyer, "Dr Saraki, is contending that all trials before the CCT are for breaches of the Code of Conduct for public officers. They are not crimes in penal statute books such as the Criminal and Penal Code and the EFCC and ICPC legislations. That is why section 23(3) the CCBT Act provides that even after a person has been tried and convicted by the CCT, he is still liable to be tried before the ordinary courts of the land for the same criminal offences. The attempt therefore to turn the Code of Conduct Tribunal into an anti- corruption court has failed, woefully, from the get-go. It is dead on arrival, as dead as dodo. It is indeed a mark of intellectual somersault to seek to portray a tribunal such as the CCT set up to try recalcitrant public officers who did not get their paperwork right even when advised by the Code of Conduct Bureau to correct same, into a criminal court", Ozekhome stated.

He expressed utmost regrets that senior and otherwise respected lawyers would go on the pages of newspapers to denigrate and criticise a valid ruling of the Supreme Court of Nigeria, particularly when they are aware that the prosecution itself offered not to proceed with the trial before the Tribunal, until the Supreme Court disposes of the appeal.

"Stay of proceedings has always been part and parcel of our Criminal Justice System, and it will remain so. This is an unfortunate situation which showed that Awomolo and Falana are crying more than the bereaved. It will be a very sad day when a court of Law, any court of Law, not to talk of the Supreme Court, is shackled and manacled from interpreting the Law, its primary function and the very reason for its existence", the leading Human Rights Crusader added.

 

Cloud Tag: What's trending

Click on a word/phrase to read more about it.

Rabiu Kwankwaso     Aliyu Olatunji Ajanaku     Oba Abdulraheem     Kisra     Asa     Abdulhakeem Amao     Col. Adedipe     Garuba Alikinla Shittu     Ahmad Uthman     Ahmed Dankaya     Kayode Yusuf     Amina Susa\'a De Ahmed     Owo Isowo     IF-K     Tsaragi-Share     Ayedun     Dumagi     KWATMA     Neo Mundo Ltd     Federal College Of Education (Special), Afon     Kayode Zubair     Emir Of Lafiagi     Amos Bajeh     EndSARS     Abdulazeez Uthman     James Kolo     Veterinary Teaching Hospital     Oladipo Akanmu Tolani     Kazeem Oladepo     Ibraheem Abdullateef     Abdullahi Atanda     Baba Adini Of Kwara State     Olatunji Ayeni     Colleges Of Education Academic Staff Union     Abdulganiyu Oladosu     Olatunji Bamgbola     SDP     Waziri Yakubu Gobir     Femi Ogunsola     Ndakene     Maja     Ajase-Ipo     Hameed Oladipupo Ali     Adeola Abraham     Olosi Of Osi     Abubakar Abdulraheem     Balogin Alanamu     Amos Justus Sayo     Sobi Hill     National Association Of Nigerian Students     Vasolar Consortium     Kwara State University Of Education     Universal Basic Education Commission     Wahab Issa     Jebba     Majlis For Sadaqah, Zakat And Waqf     Mansurat Amuda-Kannike     Funmilayo Braithwaite     Agor Market     Yahaya Seriki     Mohammed Alabi Lawal     Nigeria Customs Service     Gobir Organization Foundation     JSSCE     Ishola Moses Abiodun     Student Learning Support Helpline     Deji Ajani     Owode Market     Ola Falade     Kassim Babamale     Olawuyi     Adamu B. Yaqubu     Oro Grammar School Old Students Association     KWASIEC     Akanji     Yusuf Abdulwahab     Ganiyu Abolarin    

Cloud Tag: What's trending

Click on a word/phrase to read more about it.

Magaji Are     Haashim Initiative For Community Advancement     Chief Imam Of Omu-Aran     University Road     Wahab Abayawo     Alapado     Kwara Teaching Service Commission     Abdulkadir Jimoh     Taofeek Ibraheem     Kwara State Coalition Of Business And Professional Associations     Shehu Adaramaja     Col. Taiwo     Abdulrazak Shehu Akorede     Tafida     Kayode Zubair     Rueben Parejo     Alaro     Isiaka AbdulRazaq     Sheriff Shagaya     AGILE Programme     Vasolar Consultoria     PAACO-PCL Consortium     JUSUN     Kamaldeen Kehinde     Kawu     Lawan     Razaq Atunwa     Razak Atunwa     Salihu Ajia     Aliyu Alhassan     NNPP     Seni Saraki     Mubarak Oladosu     Government High School Adeta     Lanre Badmas     Gbemi Saraki     Aminu Adisa Logun     Bola Iyabo Ibiyeye Adisa     Taofeek Sanusi     Isiaka Saka Opobiyi     Tayo Awodiji     Air Peace     Toyin Abdullahi     Michael Nzekwe     Congress For National Consensus     CCB     Theophilus Oyebiyi     Eghe Igbinehin     Okasanmi Ajayi     Ajasse-Ipo     CT Ayeni     Akeem Lawal     Olateju Lukman     Aliyu Adebayo     20 Billion Bond     Taofik Abdulkareem     Toun Okewale-Sonaiya     Isiaka Danmeromu     Abraysports FC     Taiwo Joseph     Gbugbu International Market     Wasiu Onidugbe     Kwara TV     Hydro-electric Power Producing Areas Development Commission     SWAN     Abdulrazaq Solihudeen     Unilorin FM     Woro     Olam Food Ingredients     Dumagi     Mutawali     Kwara State Health Insurance Agency     Muhammad Sirajo Aliyu     Ayodele Olaosebikan     Makama     Arinola Lawal     Jimoh Akani