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.

Marufat Oladosu     AbdulGafar Tosho     Mutawali     Saliu Ajia     Sheikh Ridhwanullah El-ilory     Igbomina     Yashikira     Sadiq Buhari     Ashiru     Oke-Ode     Frootify     Mufutau Gbadamosi Esuwoye     Abubakar Usman Jos     Saidu Isa     Abubakar Suleiman     Tunde Oyawoye     Abdulrazak Shehu Akorede     Adama Isa     Chief Of Staff     Shao     Jimba Babatunde     Afolasade Opeyemi Kemi     Charcoal     Olokoba Sulyman     Hassanat Bello     Moshood Kashimawo Abiola     Zainab Abass     Madawaki Of Ilorin     Kaiama     Tunji Oyawoye     Niyi Ogundiran     Tanke Road     Jaigbade Alao     Oluwarotimi Boluwatife Adenike     Dumagi     Ejidongari     Woro     Toyin Abdullahi     Oba Of Jebba     Col. Adedipe     Najim Yaasin     Saadu Yusuf     Ayinde Oyepitan     Taofik Abdulkareem     Umaru Saro     SWAN     Monthly Sanitation     N-Power     Abdulrauf Yusuf     Ojuekun Sarumi     Suleiman Abubakar     Abdulrahman Abdulrasaq     Christian Association Of Nigeria     Moses Afolayan     Maigida Soludero Transit     Sardauna     Oni Adebayo     Jebba     Hajj     Abdulrahman Onikijipa     Halidu Danbaba     EndSARS     Mujtabah Bature     Oniwasi Agbaye     Popo-Igbonna     Mohammed Abdulahi     Abdulkarim Adisa     Jeunkunu-Malete-Bani     Amuda Aluko     Jare Olatundun     Lanwa     Sulyman Atolagbe Alege     Sola Saraki Educational Foundation     Abubakar Baba     Rafiu Olasile     David Adesina     Roseline Oni Aremu    

Cloud Tag: What's trending

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

IEDPU     T And K FOODS     LEAH Charity Foundation     Mufutau Olatinwo     Damilola Yusuf Adelodun     Logun     Centre For Peace And Strategic Studies     KWSUED     Abioye Bello     Photo News     Ilorin Likeminds Foundation     Mahmud Babatunde Baker     Earlyon Technologies     Muhammad-Mustapha Suleiman     Yoruba     Umar Ahmed Gunu     Aminat Omodara     Adedipe     Muhammad Ghali Alaaya     Mustapha Olanipekun     Idowu Laro     Osi     Bukola Ajikobi     Tsaragi     Bamidele Aluko     Olaiya Victor Mobolaji     International Public Sector Accounting Standards     Sadiq Buhari     Ekweremadu     Offa Grammer School     KWACOBPA     CCT     Amusa Bello     Abdullahi Dasilva Yussuf     Abdulrahman Iliasu     Abdullahi Imam Abdullahi     Awili Pedro     Umar Gunu     Quranic Recitation Competition     Yomi Adeboye     Oba Abu     Alore     Sunday Popo-Ola     Kwara Coalition Of Business And Professional Associations     Abdulfatah Ahmed     Taofik Abiodun Ahmed     Alapansapa     Salary     Forgo Battery     Abraysports FC     Shuaib Abdulkadir     Ubandawaki     Tanke     Bisi Kristien     Minister     Toyin Abdullahi     Col. Adedipe     Sheikh Ridhwanullah     Tsado Manman     Habeeb Saidu     Segun Olawoyin     Public Holiday     FOMWAN     Aminu Adisa Logun     Turaki     Yahya Mohammed     Abiodun Jacob Ajiboye     Taofik Abdulkareem     Adamu Ibrahim Sabi     Femtech     Read With Me     Babs Iwarere     Alfa Yahaya Road     Elerin Of Erin-Ile     Abdulrasheed Akogun     Aasiyat Bello Oyedepo     Adekunle David Dunmade