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.

Oyedun Juliana Funke     Afolayan     Ridhwanullah Al-Ilory     CCT     Academic Staff Union Of Universities     Ilorin Talaka Parapo (ITP)     Dorcas Afeniforo     Abiodun Oyedepo     Abdulrahman Iliasu     Moses Salami     Abdulrasheed Lafia     Toyin Falola     Alaaya     MMWG     Wale Oladepo     Bello Bature     Sa\'ad Alanamu     Umar Ahmed Gunu     Abdulrasaq Alaro     Vasolar-Kwara Company Ltd     General Tunde Idiagbon International Airport Ilorin     Bond     Federal Road Maintenance Agency     Law School Scholarship     Women Radio     Countryside Emerging Leaders Fellowship     Federal Allocation     Umaru Saro     Saliu Ajia     Muhammed Abdullahi     General Hospital, Ilorin     Ilorin Anchor Men And Women     Jawondo     Sheikh Alimi     Abdullahi Adisa Akodudu     Barakat Community Secondary School     Abdullahi Biffo     Sanusi Abubakar     Sidikat Alaya     Ilorin Emirate     Kumbi Titiloye     Student Learning Support Helpline     Adamu Jemilat-Baki     Saka Adeyemo     Sambo Murtala     Yahaya Abdulkareem Babaita     Harafat E. Mukadam     Michael Nzekwe     Aliyu Kora-Sabi     Sarah Alade     College Of Health     Medinat Folorunsho Salman     Government High School (GHS), Adeta     Ajibola Saliu Ajia     Abdulrazaq Adebayo     Okiki     SAPZ Project     Funmilayo Isiaka Oniwa     Khadijat Ayoola Yusuf     Ibrahim Oloriegbe     Saba Mamman Daniel     Yakubu Mohammed Abdullahi     Amule Elementary School     Suleiman Mora Omar     Solomon Edoja     Yoonus Lawal     Olusin Of Ijara Isin     KwaraLearn     Charcoal     Mohammed Jimoh Faworaja     AbdulHakeem Ajibola Akanbi     Hijab     Kolo     Tsaragi/Share     Wahab Isa     Ileloke     Okin Malt    

Cloud Tag: What's trending

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

CACOVID     Ibrahim Oloriegbe     Sulyman Atolagbe Alege     Radio Kwara     Press Release     High Court     SWAN     Clement Yomi Adeboye     M.Y. Abdulrahaman     Abdulazeez Arowona     Olayinka Are     Abdullahi Dasilva Yussuf     National Party Of Nigeria     Patigi Regatta     Laduba     Mohammed Jimoh Faworaja     Oluwarotimi Boluwatife Adenike     Sam Onile     Yusuf Olaolu Ali     Offa Poly     Shuaib Jawondo     Tunji Folami     Abdulwasiu Bolaji Adeyi     Apaola     Fatai Garuba Labaka     Isapa     Towoju     Musa Yeketi     Agor     Kwara Central     Unicontinental Construction Company     Moshood Bakare     Kazeem Oladepo     AGILE Programme     Alaiye     Yemi Sanni     Samuel Adedoyin     International Aviation College     Mutawali Of Ilorin     Taofik Abdulkareem Babaita     Lawal Jimoh     Makama Of Kaiama     Maryam Nurudeen     Shuaib Olarongbe     Islamic Development Bank     S.O. Opowoye     Abiodun Oyedepo     Ayedun     Anilelerin     Bello Bature     Kunle Suleiman     Olatunji Moronfoye     Moses Afolayan     Peter Amogbonjaye     Kayode Issa     Yemi Osinbajo     Ibrahim Kayode Adeyemi     Omoniyi     Ahmed Ayinla Jimoh     Saka Balikis Kehinde     Okin Biscuits     Issa Oloruntogun     Muhammad Fawaz Abubakar     Ilorin Emirate Stakeholders Forum     Alore     Radio SBS     Ishola Balogun Fulani     Yakubu Mohammed Abdullahi     Abdulwahab Ololele     Bolaji Abdullahi     Kwara South     Kishira     Sa\'adu Gambari     Tunde Akanbi     Donatus Ejidike     Sulyman Age AbdulKareem     NFAI