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.

Joseph Yemi Ajayi     CUTI     Adanla-Irese     Baruba     Omoniyi M. Ayinla     Matthew Okedare     Gbenga Adebayo     Makama Of Ilorin     Femtech     Samuel Elizabeth Keatswa     United Nigeria Airline     Abdulhakeem Amao     MINILS     National Party Of Nigeria     Abubakar Bature Sulu-Gambari     Abubakar Baba     Olajumoke Monsura Gafar     Turaki     Raheem Adaramaja     Lucky Omoluwa     Abdulrahman Abdulrazaq     Ahmad Olayiwola Kamaldeen     Hakeem Idris     Tunji Oyawoye     Isau     Okoolowo     JUSUN     Alimi     Hassan Abdulazeez Elewu     Kola Ologbondiyan     Democracy Day     Hassan A. Saliu     Abubakar B.M     GRA     Mamman Saba Jibril     Facemasks     Florence Saraki     National Association Of Nigerian Students     Saka Adeyemo     Toyin Olayinka Tejidini     Kwara State Council Of Chiefs     Sola Saraki Educational Foundation     Saad Belgore     Taofeek Ibraheem     Kayode Laro     Apaokagi     MATTA Girls Foundation     Isiaka Gold     Joseph Alex Offorjama     Minister     April 11     Abdulmajeed Abdullahi     Okin Biscuit     Jani Ibrahim     Adesina Simon Sodiya     Ashiru     Ibrahim Agboola Gambari     Ezekiel Yissa Benjamin     Lola Olabayo     Yoonus Lawal     Lafiagi     Bello Abubakar     Esinniobiwa Quareeb     Sardauna     Abdullahi AbdulMajeed     Aliyu Kora Sabi     Oke-Ogun     Quareeb     Abdulkadir Remi Hawawu     Yusuf Babatunde Abdulwahab     Simeon Sayomi     Chief Imam Of Offa     Abiodun Musa Aibinu     Ballah     Ishaq Salman     Turaki Of Ilorin     Fatima Abolore Jimoh    

Cloud Tag: What's trending

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

Ibrahim Jawondo     Kwarareports.com     Wahab Egbewole     Sambo Murtala     Ladi Hassan     Salman Jawondo     Col. Adedipe     Jalala     Shehu Adaramaja     Alabe     Abraysports FC     Oba Abdulrahim     Kwara Polytechnic     Obasanjo     Basic Education Certificate Examination     All Confederation Of Principals Of Secondary Schools     Saheed Alakoso     AGF Abdulrazaq     Dagbalodo     Afolayan     NAWOJ     Olushola Saraki     Kwara State Television     Aliyu Olatunji Ajanaku     Magaji Erubu     Bareke     Tosho Yaqub     Shade Omoniyi     Muhammed Akanbi     Babatunde Idiagbon     Durosinlohun Atiku     Ilorin West     Okedare     Oko Erin     Saad Omo\'ya     Babata     Hausa     Seni Saraki     Michael Nzekwe     Kola Bukoye     Hassan A. Saliu     Samuel Elizabeth Keatswa     Ilorin West/Asa Federal Constituency     Isaac Aderemi Kolawole     Imodoye Writer’s Enclave     Mutawali     Senior Staff Union Of Colleges Of Education     David Oyedepo     Rabiu Kwankwaso     Abdulrahman Iliasu     Albert Ogunsola     AGM Professional Services     Mustapha AbdulGaniyu     Naira Redesign     Economic And Financial Crimes Commission     Nupe     Samuel Olusegun Adedayo     Garba Idris Ajia     Sa\'ad Alanamu     Michael Imoudu National Institute For Labour Studies     Yusuf Aiyedun     Apaokagi     Bashir Badawi     Haliru Yahaya     ER-KANG     Adesina Simon Sodiya     Jebba     Baba Issa     Abubakar Lah     Bureau Of Lands     Taibat Ayinke Ahmed     Zulu Gambari     Yusuf Olaolu Ali     Ayo Adeyemi     Mohammed Jimoh Faworaja     Toyin Abdullahi     Adamu B. Yaqubu