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.

Face Masks     Mubarak Oladosu     Mazars Consulting     Gbajabiamila     Wahab Isa     Abdulraheem Yusuf     Ibrahim Kayode Adeyemi     Lucky Omoluwa     Mamatu Abdullahi     Bursary     Ilofa     Oluwatoyin Lukman     NIPR     Oba Of Jebba     Transition Implementation Committee     General Tunde Idiagbon International Airport     Abdullahi Imam Abdullahi     Sulyman Age AbdulKareem     Alabere     Musbau A. Akanji     Tsaragi/Share     Issa Manzuma     Yoruba     Admiralty Villa     Gobir     Idiagbon     Students Union Government     International Aviation College     Bisi Oyeleke     Muhammed Mahe Abdulkadir     Muritala Awodun     Balogun Fulani     ER-KANG Mining Nigeria Company Limited     Chief Imam Of Lafiagi     United Nigeria Congress Party     Dar-Al-Handasah Consultants     Ayodele Shittu     Lai Mohammed     KW-GIS     Zaratu Umar     Erubu Oba Zubair     Abdulrahman Abdulrasak     Voices Of Tomorrow     Harmony Holdings     Clement Yomi Adeboye     Ahmad Fatima Bisola     NIRSAL     Okala Baba     Kayode Zubair     Micheal Imodu-Ganmo Road     Seni Saraki     Ibrahim Abdullahi     Baba-Isale     Asa LGEA School     Yusuf Arowosaye     Oko-Olowo     Adebara     Gurei     Shaykh Luqman Jimoh     Rotimi Oyedepo     Jani Ibrahim     Omoniyi Ayinla     Habeeb Abdullahi Al-Ilory     Buhari     Matthew Okedare     Alloy Chukwuemeka     Oba Abdulkadir La\'aro     EndSARS     Hassan Taiye Salam     Tafida     Yahaya Jibril Usman     AbdulQowiy Olododo     Taibat Ayinke Ahmed     Computer Based Test     Maryam A. Garuba     Prince Mahe Abdulkadir     Ike Ekweremadu    

Cloud Tag: What's trending

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

Ladi Hassan     Kisira     Kwara State Fish Farmers Association     Abdullahi G. Mohammad     CELF     Olatunji Ayeni     Sulaiman Gado     ENetSuD     Toun Okewale-Sonaiya     AbdulRahman Saad     Kudirat Arinola Lawal     Femi Gbajabiamila     Ubandoma     Mutawali Of Ilorin     Omupo     Saka Abimbola Isau     Umar Ayinla Saro     Lanre Aremu     Col. Ibrahim Taiwo     Centre For Digital Economy     State Bureau Of Internal Revenue     Sunset Workers     Lanre Issa Onilu     Kwara North     Kwara State Coalition Of Business And Professional Associations     College Of Education     Chemiroy Nigeria Limited     Akom Construction And Engineering Synergy Ltd     Yahaya Seriki Gambari     Bello Abubakar     GANZY     Hijab     Ubandoma Of Ilorin     Kolawole Akande     Senate     Hameed Oladipupo Ali     Alfa Modibo Belgore     Economic And Financial Crimes Commission     Christopher Odetunde     Lola Olabayo     Simeon Sayomi     Micheal Imoudu     Erubu     Modibo Kawu     Mansur Alfanla     Amasa     Elelu     Rex Olawoye     Ahmed Idris Mohammed     Oke-Oyi     Towobola Abdulrahman Toyin     Ejidongari     Tunji Oyawoye     Muslim Media Watch Group Of Nigeria     Balogun Gambari     AbdulGafar Tosho     Markaz Arabic And Islamic Training Institute, Agege     Lucky Omoluwa     Abdulrahman Abdulrazaq     Modupe Oluwole     Odo-Owa     Damilola Yusuf Adelodun     Yusuf Lanre Badmus     Amos Sayo     Amuda Bembe     Arca Santa     Oluwatoyin Lukman     Sherif Sagaya     Yekini Adio     Mazars Consulting     Solomon Edojah     Shettima Of Ilorin     Kwara Primary Health Care Development Agency     T And K FOODS     Ahmed Alhasssan     Laboratory-to-Product     Shuaib Olarongbe