Saraki vs CCT: SAN warns commentators against contempt of Supreme court

Date: 2015-11-20

A Senior Advocate of Nigeria and former president of the Nigerian Bar Association, NBA, Joseph Daudu, has warned commentators on the ruling of the Supreme Court that directed the Code of Conduct Tribunal to 'tarry awhile' to enable it look into the appeal of the President of the Senate, Bukola Saraki, to be weary of contempt of court.

Daudu was reacting to reports alleging that the Chief Justice of Nigeria, Justice Mahmud Mohammed, will set up a new panel to handle the case.

"I am instructed to add that these comments and similar write-ups are treading dangerously on boundaries of Contempt of the Supreme Court. It is obvious that this orchestrated backlash against a correct decision of the Court is aimed at intimidating the Court and may the day never come when such a hallowed Court will succumb to mob action or intimidation," Daudu noted.

The legal luminary, added that the disbandment of the panel has nothing to do with the purported outcry against the ruling of the Supreme Court as reported by the newspaper.

"It is not correct that the panel that correctly granted a stay of proceedings is being disbanded because of the purported outcry against the ruling of the Supreme Court. Indeed, his lordship the Hon. Mr. Justice Fabiyi JSC who presided, drew the attention of my learned brother silk Mr. Rotimi Jacob SAN when he was urging the Court to state the specific date to which the appeal will be adjourned, to the inability of the Panel as constituted to give a date because there was already a request in the brief of argument that a Constitutional Panel be constituted made up of Seven (7) Justices to hear the appeal. The said paragraph 2 of our Appellant's brief of argument is hereby reproduced for ease of reference thus:

"Respectfully my lords, it is against this majority decision that the Appellant has appealed through a 7-ground notice of appeal located at page 1268-1278 of the printed record. The issues raised by those grounds are matters of serious constitutional significance which may require the Supreme Court to be constituted in the way and manner prescribed by Section 234 of the Constitution which prescribes thus: 'For the purpose of exercising any jurisdiction conferred upon it by this Constitution or any Law, the Supreme Court shall be duly constituted if it consists of not less than five Justices of the Supreme Court: Provided that where the Supreme Court is sitting to consider an appeal brought under 233(2)(b) or (c) of this Constitution, or to exercise its original jurisdiction in accordance with section 232 of this Constitution, the Court shall be constituted by seven Justices."

"Consequently, the request for a constitutional panel was made by the undersigned in our brief or argument. Normally and most lawyers should know this; when a request for a panel of 7 Justices is made in a paragraph in the brief of argument, it is only the Chief Justice of Nigeria (who is presently out of the country) that can constitute such a panel. It is therefore most mischievous, to report and allude to "Judiciary Sources" to misinform and blackmail with a veneer of credibility".

"Furthermore, the write-up in issue quoted some disenchanted lawyers who have gone on to describe the decision of the Supreme Court staying proceedings of the CCT as an "illegality". That is most unfortunate as decency and elementary regard for the finality of the decisions of the Supreme Court should restrain every citizen of this country particularly a legal practitioner from using such base and scurrilous language against the highest court of the land. It is a known legal axiom that a decision of the Supreme Court of Nigeria cannot be illegal in any form or manner as it is binding on all persons and authorities in this country. If a person is aggrieved by the decision of the Court, the only approach is to wait for an opportunity to arise and such a person can ask the Court to overrule itself or depart from its earlier decision. No amount of political inclination or rascality should prompt or compel a lawyer or even a layman to employ such uncouth language against the Supreme Court of Nigeria".

Source

 

Cloud Tag: What's trending

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

Olufolake Abdulrazaq     COVID-19 Palliatives     Toun Okewale-Sonaiya     Lafia Aliyu Korasabi     S.O. Opowoye     Agbarigidoma     Ojuekun Sarumi     Ogidi-Oloje     Alfa Modibbo Belgore     Yusuf Amuda Aluko     Yusuf Lanre Badmas     Kwara Metro Park     Ibrahim Sulu Gambari     Ladi Hassan     Shuaib Olarongbe     Rice Farmers Association Of Nigeria     Olatinwo     Salary     Babs Iwarere     Amuda Musbau     Apata Ajele Secondary School     Marafan Shonga     Pakata Development Association     Kpotum Mohammed Baba     3MTT     Government House     Omoniyi M. Ayinla     Bature Bello     Ganmo Electricity Sub-Station     Kola Adesina     Tescom.kwarastate.gov.ng     Ajike People Support Centre     Wahab Femi Agbaje     Eleja Taiwo Banu     Sarah Jubril     Peter Obi     Ilorin Central Mosque     Saad Belgore     KWSUED     Elekoyangan     United Nigeria Congress Party     Bibire Ajape     Sheikh Ridhwanullah El-ilory     Trader Moni     Budo Egba     Isiaq Khadeejah     Isaac Gbenle     ER-KANG Mining     Omoniyi Ayinla     Bola Ahmed Tinubu     Alapado     AbdulRahman Saad     Towobola Abdulrahman Toyin     Ariyo     Umar Bayo Abdulwahab     Madawaki     CELF     Press Release     Yusuf Olaolu Ali     Shao     Shoprite     Issa Manzuma     Muftau Akanbi Oke     Oko     Mogaji Aare     Saidu Yaro Musa     Roseline Oni Aremu     Peter Amogbonjaye     Deji Ajani     Halidu Danbaba     Bursary     Zaratu Umar     Haashim Initiative For Community Advancement     Salihu Alhaji Musa     IYA YUSUF     Sulyman Tejidini     Lawal Jimoh    

Cloud Tag: What's trending

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

Orisun Igbomina     Kwara State Internal Revenue Service     Haruna Tambiri Mohammed     Abdulwahab Ololele     Mopelola Abdulmaliq-Bashir     TESCOM     AGILE Programme     Aso-ofi     Bamidele Adegoke     Patience Jonathan     Alloy Chukwuemeka     Rafiu Olasile     Yusuf Ibitokun Sherifat     Wahab Kunle Shittu     M.Y. Abdulrahaman     Bahago     Alikinla     Moshood Kashimawo Abiola     Bamidele Adegoke Oladimeji     Agbarere     Ayobami Seriki     Hussein Olokooba     Baaziki Sulaiman     Kwara State Geographic Information Service     Ramat Oganija     Musibau Akanji     Abubakar Suleiman     Jimoh Lambe Abdulkareem     Suwa-Arabs     Musa Ayinla Yeketi     IHS Towers     Oniyangi Kunle Sulaiman     Agor Market     Afetu Of Alabe     Jani Ibrahim     Bolaji Gambari     Isaac Gbenle     Ajase-Ipo     Amos Bajeh     JUSUN     Sa\'adu Salau     Ahmed     Ayo Opadokun     Kwara State Council Of Chiefs     Khadijat Ayoola Yusuf     Folaranmi Aro     Transition Implementation Committee     Ekiti     Plat Technologies     Adebayo Salami     Alapansapa     Kwara Teaching Service Commission     National Union Of Road Transport Workers     Yahaya Muhammad     NURTW     AbdulQowiy Olododo     MINILS     Code Of Conduct     Tinubu     Computer Based Test     Ishola Balogun Fulani     Kayode Alabi     Mohammed Danjuma     Abiodun Jacob Ajiboye     Folorunsho Erubu     Ghali Muhammed     Yusuf Abdulkadir     Aiyedun     Seed Technologies     Abubakar Abdullahi Bata     Samuel Adaramola     IFK     Col. Ibrahim Taiwo     Oluwarotimi Boluwatife Adenike     NULGE     Abraysports FC     Summit University