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.

IF-K     Osuwa     Otunba Taiwo Joseph     Clara Nwachukwu     Madawaki     Saka Balikis Kehinde     Abdulazeez Uthman     Musa Alhassan Buge     Abdulrazaq Magaji     Yusuf Babatunde Abdulwahab     Ilorin Durbar     Seun Bolaji     Abdulkadir Jimoh     Ishola Abdullahi     Abdulrazak Shehu Akorede     Post Utme     Ganmo Power Sub-Station     Flights To Ilorin     COEASU     IHS Towers     Saliu Ajia     Salihu S. Yaru     John Olajide Adedipe     Tafidan Kaiama     NIPOGA     Umar Adelodun     Muftau Akanbi Oke     Wahab Olasupo Egbewole     Noah Yusuf     Femi Agbaje     Okin Malt     Saliu Tunde Bello     ARMTI     Bamidele Adegoke     Firdaos Amasa     Ayeyemi Sulaiman     Ayodele Kuburat Olaosebikan     Salihu Yahaya     ER-KANG Mining     Maja     Oba Abdulkadir La\'aro     Idris Garba     Umar Bayo Abdulwahab     Abraham Ojo     John Mayokun Dada     Ilorin East/South Federal Constituency     Saadatu Modibbo-Kawu     Countryside Emerging Leaders Fellowship     Ahmed \'Lateef     Lateef Alagbonsi     Baba Issa     Adijat Adebiyi     Shuaibu Yaman     Afolasade Opeyemi Kemi     Kwara State Printing And Publishing Corporation     Abdulmutalib Shittu     Simeon Ajibola     Ogidi-Oloje     Government High School (GHS), Adeta     Kpotum Mohammed Baba     Toyin Falola     Obayomi Azeez     New Nigeria People’s Party     Danhawa     Alimi     HICA     Abiodun Oyedepo     Chief Imam Of Omu-Aran     Adaramaja     Olupako Of Share     AbdulGaniyu Kareem     Moji Makanjuola     Suleiman Alege Kuranga     Millennium Development Goals     Bashirat Bola Bello     Bola Shagaya     Muritala Olarewaju    

Cloud Tag: What's trending

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

Firdaos Amasa     Alabi Olayemi Abdulrazak     Sola Saraki University     Sadiq Buhari     Bashir Adigun     Aro Yahaya     Akanbi-Oke     Bankole Omisore     Gbenga Olawepo     Joseph Offorjama     Eleja     Toyin Abdullahi     Sulyman Buhari     Muhammad-Mustapha Suleiman     Isapa     Aliyu Olatunji Ajanaku     Abubakar Lah     ER-KANG Mining Nigeria Company Limited     Taofeeq Olateju     Muhammed Mahe Abdulkadir     Yusuf Olaolu Ali     Kpotum Mohammed Baba     Yemi Sanni     Fatai Olodo     Baboko Primary School     Abdulwahab Oba     Abdulraheem Olesin     Sarah Jubril     Old Oyo     Metro Park     Issa Baba     Otunba Taiwo Joseph     Ilorin East/South Federal Constituency     Ibrahim Abduquadri Abikan     Olaoye B. Felix     Forgo Battery Company Limited     Ita-Ore     Aliyu Muhammed     General Hospital     Olatunde Jare     MAI Akande     A.E. Afolabi     Bola Ahmed Tinubu     Rafiu Ajakaye     Saliu Oluwole     John Obuh     Aliyu Muyideen     Abatemi-Usman     Moshood Mustapha     Suleiman Yahya Alapansapa     Joseph Bamigboye     Ahmed Dankaya     Kwara Teaching Service Commission     Bello Bature     Kishira     Suleiman Ajadi     Nurudeen Muhammed     Otoge     Gbadeyan Gbadura Yomi     Sabi     UNILORIN Alumni     Lanre Aremu     Abdulganiyu Salahudeen     Agor     Isiaka Yusuf     Young Progressives Party     Www.Kwarareports.com     Opaleke Bukola Iyabo     Oba David Oyerinola Adedunmoye     Abraysports FC     Oluwole Dupe     Olushola Saraki     Asa     Ilorin Central Mosque     Kwara State University Of Education     Mamatu Abdullahi     Abdulsalam A. Yusuf