Re-enact Constitutional Amendment passed by the 7th NA - Kwara Speaker
The Speaker of the Kwara State House of Assembly Dr. Ali Ahmad says unless the National Assembly re-enacts the constitutional amendment passed by the 7th Legislature, the current controversy surrounding the constitutionality of Section 306 Stay of Proceedings of the Act will not be resolved.
He equally disclosed that the Supreme Court ruling asking the code of Conduct Tribunal to stay proceeding pending the determination of an appeal by the Senate President, Dr. Bukola Saraki on his trial by the CCT was lawful and constitutional.
The Speaker gave these indications in his paper titled "administration of Criminal Justice Act: Legislative processes at the 7th Assembly" at the Conference of Speakers of the State Houses of Assembly in Ilorin to deliberate on a model Administration of Criminal Justice Act.
Dr. Ahmad who was the immediate past Chairman of the House of Representatives Committee on Justice, said the 7th legislature of the National Assembly was conscious of the doubtful constitutionality of Section 306, it thus passed the provision to amend Section 241 to state that " A court or tribunal shall not stay any proceeding on account of interlocutory appeal" saying the former President Goodluck Jonathan failed to sign the constitutional amendment into law, thereby rendering section 306 unconstitutional.
He further disclosed that the Supreme Court had not in any way erred in law in its ruling putting a halt to the continuation of the trial of the Senate President at the CCT, stressing that Former President Jonathan failed to assent to section 2A of the Administration of Criminal Justice Act where a court or tribunal shall not stop any proceeding on account of interlocutory Appeal by the 7th NASS when he signed the bill into law on the 17th April, 2015.
The Speaker said the enactment of Administration of Criminal Justice Act by the 7th National Assembly which he sponsored was informed due to challenges in the nation's justice system especially the inadequacies of criminal trials occasioned by the uninterrupted democratic dispensation in the country.
Dr. Ahmad expressed confidence that the Act would not only guarantee fairness, orderliness but ensure that criminal cases which used to last between 12 - 15 years begin and end within 4 to 6 months.
He said the crusade against corruption by President Mohammed Buhari could only be effective if only he signs the constitutional amendment into law, pointing out that the Conference was organized to ensure that states in the federation produced a model bill that was consistent with the wind of change blowing against injustice, oppression, corruption and misuse of judicial process to prosecute perceived political opponents.
On the lacuna created due to the sudden death of the All Progressives Congress (APC) candidate in the Kogi State Governorship election, Prince Abubakar Audu, the Speaker said what the Attorney General of the Federation ought to have done was to approach the supreme court for the interpretation of the current situation the nation found itself to avoid unnecessary litigation after the supplementary election.
In his remark, the Director-General, Nigeria Institute of Advanced Legal Studies, Professor Adedeji Adekunle who disclosed that states like Lagos, Anambra, Ekiti and Ondo had commenced the implementation of the Act in their respective states emphasized the need to make it meet modern tendencies to achieve the desired objective.
The Director- General who enumerated the benefits of Administration of Criminal Justice Act advocated the establishment of Criminal Justice Committee to ensure synergy among all stakeholders to enhance quick dispensation of justice in Nigeria
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