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.

Nigeria Association Of Women Journalists     Suleiman Idris     Kwara Hotel     Joseph Yemi Ajayi     ITP     Abdulrahman Abdulrasaq     Gbemisola Oguntimehin     MINILS     Adama Isa     Arinola Lawal     Yakub Lai Gobir     Durbar Festival     Bursary     Shehu Alimi Foundation     Vasolar-Kwara Company Ltd     Azeez Salawu     2017 Budget     Ohoro Of Shao     Aminat Ahmed     Elerin Of Erin-Ile     Just Law Forum     Emir Of Lafiagi     Ajakaye     Hussein Oloyede     Ibrahim Agboola Gambari     Okeose Christian Cementary     Aiyedun     Sebastine Obasi     Alliance For Democracy     Kolo     Harrison Osauwagboe     Yakubu Gobir     Isiaka Rafiu Mope     Aliyu Sabi     Bayer Nigeria Limited     Umar Ahmed Gunu     Sulu Babaita Isiaka     Orisa Bridge     Abdulkarim Adisa     Tunde Yusuf     Mary Kemi Adeosun     Tafidan Kaiama     Mohammed Yahaya Barki     Ilorin Likeminds Foundation     Shaykh Luqman Jimoh     Michael Ologundea     A.O. Belgore     Alapansapa     Omotosho     Bashirat Bola Bello     Kola Shittu     Kayode Ogunlowo     Madawaki     Ike Ekweremadu     Kwha.gov.ng     Razaq Ayobami Akanbi     Rabiu Kwankwaso     Kwara Metro Park     Senior Staff Union Of Colleges Of Education     Lukman Adeloyin     Baakini     Ahmed Idris Mohammed     Bola Shagaya     Leke Ogungbe     Saadu Gbogbo Iwe     Academic Staff Union Of Universities     Adam Abdullahi Al-Ilory     M.Y. Abdulrahaman     Femtech     Muazam Nayaya     Chief Imam Of Offa     Abdulfatai Ahmed     Ahmad Ali     Baruten     Niguel Gallando Marcias     Charcoal     GRA    

Cloud Tag: What's trending

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

Toun Okewale-Sonaiya     Laolu Saraki     Just Event Online     Aliyu Kora Sabi     Kwara Volleyball Association     Abdulganiyu Oladosu     Kwara State Sports Commission     Democracy Day     Saidu Yaro Musa     Galadiman Ngeri     COEASU     Kwara Pdp     Ahmad Olanrewaju Belgore     Asa     Idiagbon     Moremi High School     Quran     AbdulRazaq Abubakar Jiddah     Pakata Development Association     Taofik Mustapha     Rashidi Yekini     Sadiq Buhari     Afonja Descendants Union     Aliyu Sabi     Bolakale Kawu Agaka     Lawal Arinola Kudirat     Umar Adelodun     Salihu Yahaya     Abdulmutalib Shittu     Ishaq Abdulkarim     Summit University     Kwara Poly     Donatus Ejidike     Binta Abubakar Mora     Bello John Olanrewaju     Yaru     Okin Biscuit     Zainab Abass     Obuh     Modibo Kawu     Kazeem Gbolagade     Onilu     Isau     Sola Saraki University     Olufolake Abdulrazaq     Musa Abdullahi     NaAllah     Kwara Primary Health Care Development Agency     NIPOGA     Halimah Perogi     Kale Belgore     Yaman     Erubu     Yusuf A. Usman     Abdulraheem Olesin     Owo Isowo     Salihu Ajibola Ajia     Adebayo Mohammed Kamaldeen     Yusuf Amuda Abubakar     Sidikat Akaje     Ayo Salami     Michael Nzekwe     Yetunde Balogun     UNILORIN Alumni     Jumoke F. Ajao     Barakat Community Secondary School     Abdulrazaq Magaji     Lawyers Unite Against Corruption     Gbugbu International Market     Emir Of Yashikira     Mohammed Ibrahim     Nupe     Ganmo     Ophthalmological Society Of Nigeria     Funmilayo Braithwaite     Maigida     Kayode Issa