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.

Ohoro Of Shao     Nnazua     Dumagi     Haruna Tambiri Mohammed     Tunji Arosanyin     Oba Abdulrahim     Inside Kwara     Kuliyan Geri     Hamidat Sulyman-Yusuf     New Nigeria People’s Party     Abikan     Oloye     Facebook     Lasiele Alabi Yahaya     Bisi Oyeleke     Yahaya Oloriegbe     Offa     Ilorin Central Mosque     Ilorin General Hospital     Afonja Descendants Union     Solomon Edojah     Bluenile Associates     Shuaib Abdulkadir     Ita-Ore     Musibau Akanji     Kayode Ibrahim     Budo Egba     Kannike     Kwara Muslim Pilgrims Welfare Board     Shao     Aliyu Sabi     Sebastine Obasi     Olanrewju Okanlawon Musa     Omupo     Radio SBS     Demola Banu     Kwara Teaching Service Commission     Royal FM     Shuaibu Yaman Abdullahi     Abdulrazaq Adebayo     Abdulfatai Ahmed     Sulyman Age AbdulKareem     Ogbondoroko     SGBN     JAAC     Oke-Ode     Kawu Baraje     Code Of Conduct Bureau     Ibraheem Adeola Katibi     Olatunji Ibrahim     Oba Abu     Lai Mohammed     Mansurat Amuda-Kannike     Akeem Olatunji     Ibrahim Oniye     Oko-Olowo     Emir Of Shonga     2023 Elections     Laboratory-to-Product     John Olajide Adedipe     BECE     Abdulrahman Iliasu     Yusuf Lawal     AbdulQowiy Olododo     Toyin Abdullahi     Amina Susa\'a De Ahmed     Olawuyi     Oniyangi     Okeose Christian Cementary     Ojuekun     Yoonus Lawal     Ishak Mohammed Sabi     Kwara State Health Insurance Agency     IHS     Post Utme     Ahmad Ali     Javed Khan    

Cloud Tag: What's trending

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

Yahaya Seriki Gambari     Abdulrahman Abdulrasak     Hassanat Bello     Abdulazeez Arowona     Ibraheem Abdullateef     Olaitan Buraimoh     Dorcas Afeniforo     Abiodun Jacob Ajiboye     Durosinlohun Atiku     Monthly Sanitation     Kpotum Mohammed Baba     Umar Sanda Yusuf     Roheemat Hammed     Ibrahim Sulu Gambari     Shehu Salau     Abdulmalik Bashir Mopelola Risikatullahi     Idofin     Bello John Olanrewaju     Hamidu Olowo     CACOVID     Apaokagi     Igbaja     Abdulmajeed Wahab     Ghali Muhammed     Belgore     KWASSIP     Hussein Oloyede     Akanbi-Oke     Ado Bayero     Aliyu Adebayo     Aishat Mohammed Lawal     Ebola     Abubakar Kawu Baraje     Gbenga Olawepo     Universal Basic Education Commission     Federal Road Maintenance Agency     Abdulmumini AbdulRazaq     Mahmud Ayinla Giwa     Hassan Taiye Salam     Ishola Abdullahi     Abdulquawiy Olododo     Congress For National Consensus     Bashir Badawi     Okanlawon Taiwo     Aliyu Alhassan     Adaramaja     Harrison Osauwagboe     Ilorin East/South Federal Constituency     Abdullah Janet Amudat     Abdulkadir Orire     Kamoru Kadiri     Valsolar Consortium     Mohammed Halidu     Kwara Polytechnic     Idiagbon     Mohammed Kamaludeen     TIIDELab     Federal College Of Education (Special), Afon     Tanke Road     Alore     Vasolar Consortium     Abiodun Oyedepo     Minimum Wage     Kulende-UITH     Ganiyu Taofiq     Alaiye     Alimi     Ilorin East     Agbarere     Yakub Lai Gobir     Yemi Sanni     Yaru     Ahmed Saidu Rufai     Imam Gambari     Lukman Oyebanji Fagbemi     Olateju Lukman     Sadiq Buhari