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.

Government House     Sola Saraki Educational Foundation     Toyosi Thomas     Kehinde Boyede     Tunji Ajanaku     Unilorin FM     Funmilayo Zubair     Amada Jidda     Olatunde Olukoya     Doyin Agbamu     Ibrahim Jawondo     Modibo Kawu     Kawu     Suleiman Abubakar     Kumbi Titiloye     Rex Olawoye     Muhammed Danjuma     Toyin Olayinka Tejidini     Moronfoye     IYA YUSUF     Yusuf Abubakar     YAKOOYO     Ayobami Seriki     Christopher Tunji Ayeni     Elerinjare     Senate President     Oyedepo     Michael Ologundea     KWASIEC     HAMFAT Clinic And Maternity     Forgo Battery     Bolakale Ayo     Kayode Ishola     JAMB     Yunus Lawal     Universal Basic Education Commission     Alfa Modibbo Belgore     Muyideen Ajani Bello     Abdulkadir Orire     Fawenu     Saraki     Ijakadi     Fatai Olodo     Kwara State Health Insurance Agency     Olabode Towoju     Busari Alabi Alausa     Shuaib Boni Aliyu     Adesoye College     Surajudeen Akanbi     Jare Olatundun     GGDSS Pakata     Ibrahim Abduquadri Abikan     Ohoro Of Shao     Mahmud Ajeigbe     Sulaiman Gado     Sambo Murtala     Abdulhakeem Adelaja Amao     Babatunde Idiagbon     Ibrahim Agboola Gambari     Elese Of Igbaja     Local Government Pension Board     Abdulrosheed Okiki     Olusola Saraki     Dan Masanin     Popo-Igbonna     Imam Gambari     Temitope Ogunbanke     Salaudeen Oyewale     Women For Change And Development Initiative     Siddiq Adebayo Idowu Salawu     Ibrahim Taiwo     Abdulrauf Aliyu     Abdulmumin Yinka Ajia     HICA     Falokun-Oja     Baboko Primary School     Eghe Igbinehin    

Cloud Tag: What's trending

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

Oke-Oyi     Aminu Ado Bayero     Smart School     Usman Yunusa     Oasis Muslim Care Foundation     Aminat Omodara     Gani Saadu     Balogun Ajikobi     Mahfouz Adedimeji     Salihu Alhaji Musa     Elese Of Igbaja     Oba Sulaiman Asude     Segun Ogunsola     Yoruba     Garment Factory     Olosi Of Osi     Towobola Abdulrahman Toyin     Shuaib Boni Aliyu     Aminu Adisa Logun     Hikmah AbdulKareem     Kola Shittu     Aliyu Alhassan     Abdulkadir Remi Hawawu     Yeketi     Folajimi Aleshinloye     Buari Edun     Voices Of Tomorrow     Kola Bukoye     Ramadhan     Ilesha-Baruba     Dele Belgore     National Pilot     Monthly Sanitation Exercise     Otoge     Aminat Ahmed     Belgore     Ilorin West     Talaka Parapo     Ayegbeni     Suleiman Rotimi Iliasu     Okasanmi Ajayi     Abiodun Jacob Ajiboye     Barakat Community Secondary School     Balogin Alanamu     Timothy Olatunde Fadipe     Abdulrazaq Sanni     Mohammed Katsina Ahmed     Cassava Growers\' Association     Joseph Yemi Ajayi     Ahmed Dankaya     Harrison Osauwagboe     Timothy Akangbe     Mohammed Khadijat Kubura     Sai Kayi     Harmony Holdings     Ashiru     Convocation Ceremonies     Abdulrasaq Alaro     Taibat Ayinke Ahmed     Ahmad Olanrewaju Belgore     Ilorin Airport     Ayodele Olaosebikan     ASUU     Lasiele Alabi Yahaya     Daud Adeshola     Islamic Development Bank     Oniyangi     Usman Rifun     Amos Bajeh     Fatimat Saliu     Oro Grammar School     Adaramaja     Durosinlohun Kawu     Kisra     Veterinary Teaching Hospital     Jimoh Akani     Opolo Global Innovation Limited