Please read carefully before commenting.
I am particularly indifferent in all this.
This was posted as a broadcast message on my BBM and as a patriotic citizen, I thought to share

I had warned that President Buhari should tread carefully and be wary of do-gooders who may end up setting him up for impeachment. He is a democratically elected president and not a coup-installed head of state. It does not matter how much we want to see looters punished. If you don't follow due process, they will not only go free, but also make you look stupid. I don't know what is so difficult in appointing an Attorney General. The purported prosecution of Bukola Saraki in the Code of Conduct Tribunal is a huge joke. The Act establishing and empowering the Tribunal is very clear on how anybody can be brought before it for trial. It must be by the Attorney General of the Federal or his nominee or by his approval. See Section 3 subsections 2 and 3. Even the second part of subsection 3 still requires the AGF to authorise another legal practitioner.
Therefore, it's either incompetence and stupidity have overtaken the whole setup or it was designed to let Saraki walk. Whichever it is, our resources are being wasted. That's corruption.


Concerned Nigerian who voted for Buhari seconded by #TeamGPM

FreeGlobe:
Buhari looks like that person that will never learn from history. He may end up being the only Nigerian president that is dismissed twice. Events of 1984 may democratically repeat itself in this dispensation.

SeverusSnape:
B00HARI is in for it. The battle line is drawn.

FreeGlobe:
Buhari looks like that person that will never learn from history. He may end up being the only Nigerian president that is dismissed twice. Events of 1984 may democratically repeat itself in this dispensation.

modath:

Between your keyboard & him?

TonyeBarcanista:
@Mycoli: Actually, the issues raised by the poster is baseless.

1. Prosecution can only be authorised from the Office of the Attorney General of the Federation. Keyword here is office.

2. The Office is not the same as occupant. Just as the office of the President does not mean the occupant. In 1 above, any authorised person (Solicitor-General or Director of Public Prosecution) have the power to okay criminal proceeding in the absence of AGF.

3. The law does not recognise vacuum. Hence, the Ministry of Justice were able to halt Sylva's case even when there was no Minister of Justice.

4. The CCB has acted lawfully

5. It is NOT an impeachable offence, beside to impeach a President you need 1/3 members of Senate and Reps to send impeachment notice, you need the CJN to set up 7-man committee and you need ANOTHER 2/3 of Senate and Reps to pass a Yes (assuming the panel indict the President). It is virtually IMPOSSIBLE

tomakint:
It's a pity we have many naive-minded commentators lately on the cyberspace....this writer had forgotten that in the absence of an Attorney-General, the most Senior Officer in the CCB can act in the capacity of the AG.

MizMyColi:


I am particularly indifferent in all this.

MizMyColi:


Don't mind them.
See them celebrating.

APC and Thieves = Bread and Butter.

... ...

In the third place, it is incorrect for Dr. Saraki to hinge the basis of his ex parte application on the fact that there is no incumbent Attorney General capable of instituting actions against him or any criminal action whatsoever. This line of legal reasoning, once regularly cited, has since been discredited by the Supreme Court in a number of cases and, most recently, in the case of Federal Republic of Nigeria v. Senator Adewunmi where the Supreme Court, per Umaru Altu Kalgo, JSC said “There is no doubt at all that the power to institute criminal proceedings against any person in the 1999 Constitution lies on the Attorney-General of the State or the Federation as the case may be, but such power may be exercised by the Attorney-General himself or through any officers of his department. See Sections 174 and 211 of the 1999 Constitution.

These sections though very similar in content do not require that the officers can only exercise the power to institute criminal proceedings if the Attorney General expressly donated his power to them. The provisions of the sections presume that any officer in any department of the Attorney General’s office is empowered to initiate criminal proceedings unless it is proved otherwise”.

Furthermore, section 25(3) provides that the question whether any authority has been given in pursuance of this section requiring the Attorney General to donate his prosecutorial powers under the Act, “shall not be inquired into by any person”.

The decent course for an accused, if he has concerns, is to raise preliminary objection(s) before the tribunal where he has been charged. Dr. Saraki is advised to so do if he is to remain qualified to remain as the number one lawmaker in this country.

On September 18, 2015, following Dr. Bukola Saraki’s failure to appear before the Code of Conduct Tribunal as charged, the Tribunal, on the application of the prosecutor, issued a bench warrant for the arrest of Dr. Bukola Saraki. This power is inherent in any tribunal having the full powers of a court of law, such as the Code of Conduct Tribunal. Furthermore, sections 2 and 14 of the 3rd Schedule to the Code of Conduct Bureau and Tribunal Act empower the tribunal to compel the attendance of accused persons and witnesses.

Under section 23 of the Code of Conduct Bureau and Tribunal Act, if found guilty, the tribunal is empowered to impose any of the following punishments:

(a) Vacation of office or any elective or nominated office, as the case may be;
(b) Disqualification from holding any public office (whether elective or not) for a period not exceeding ten years;
and
(c) Seizure and forfeiture to the State of any property acquired in abuse or corruption of office.

Furthermore, trial or conviction under the Code of Conduct Bureau and Tribunal Act does not preclude a separate trial under any other applicable criminal law (Section 24 Code of Conduct Bureau and Tribunal Act).

nationwide1:

Can you please quote the section of the constitution for me? Thanks.

nationwide1:

Can you please quote the section of the constitution for me? Thanks.

OnReflection:


^^^Tell that to the fairies...

Oga, look for something better to nail me with.


Like I said before the post you quoted, either way, it's a win-win for PDP and a big shame to APC.
The wise APC warriors among you are silent on this.

Go Figure!

TonyeBarcanista:
Tomakint is right. You need the Ministry of Justice/AGF's office to okay criminal proceedings. In his absence, the MOST senior/authorised officer(Solicito-General) function in that capacity.

yanabasee:
The court adjourned the case and asked the petitioners to present to the court the AGF...

Saraki is very smart and brilliant....

MizMyColi:


Oga, look for something better to nail me with.


Like I said before the post you quoted, either way, it's a win-win for PDP and a big shame to APC.
The wise APC warriors among you are silent on this.

Go Figure!

Furthermore, section 25(3) provides that the question whether any authority has been given in pursuance of this section requiring the Attorney General to donate his prosecutorial powers under the Act, “shall not be inquired into by any person”.

Tribunal issues warrant to arrest Nigeria's Senate President Bukola Saraki | TVC News


https://www.youtube.com/watch?v=azUF6xCiguU