Saraki’s case: CJN to set up fresh Supreme Court panel




THE Chief Justice of Nigeria, Justice Mahmud Mohammed, is set to set up a fresh panel that will hear the appeal filed by Senate President Bukola Saraki, challenging the jurisdiction and competence of the charges by the Code of Conduct Tribunal over alleged false asset declaration preferred against him.

Our correspondent learnt on Wednesday that the CJNwas set to disband the Justice John Fabiyi-led five-member panel which on November 12, 2015, granted an order of a stay of proceedings in the Senate President’s trial before the CCT.



A valedictory court session is to be held for Justice Fabiyi, who attains the retirement age of 70 on November 25, 2015, his birthday.

Other Justices of the Supreme Court, who are on the panel with Justice Fabiyi, are Justices Suleiman Galadima, Kudirat Kekere-Ekun, John Okoro and Amiru Sanusi.

The decision to disband the panel, according to judiciary sources, is partly due to the outcry generated by the Supreme Court’s ruling and the imminent retirement of Justice Fabiyi from the bench on November 25.

Eminent lawyers, including Prof. Itse Sagay (SAN), Chief Folake Solanke (SAN), Chief Adegboyega Awomolo (SAN), Mr. Femi Falana (SAN), Jiti Ogunye and Malachy Ugwummadu, had described the Supreme Court’s ruling as contravening provisions of sections 306 and 369 of the new Administration of Criminal Justice Act.

The ACJA prohibits granting of a stay of proceedings in criminal cases.

Sources said the CJN, who was on an official trip abroad when the Supreme Court’s ruling was delivered on November 12, would likely head the fresh panel to be constituted.

It was learnt that Mohammed might head the fresh panel that would be constituted due to a number of contentious issues in the appeal filed by Saraki in his appeal.

A source said, “With the public interest in the case and coupled with the retirement of Justice Fabiyi next week Wednesday, the panel has to be disbanded.

“It is the practice of the Supreme Court that when a number of contentious constitutional issues are raised in an appeal such as this one (Saraki’s case), the CJN is likely to head such appeal panel.”

The media aide to the CJN, Mr. Ahuraka Isah, said he was not in a position to confirm the development.

“There is no way I can know what has happened or what will happen. It is strictly a judicial issue that cannot come within my knowledge,” Isah, who spoke to our correspondent on Wednesday, said.

With the order of a stay of proceedings by the Supreme Court, the CCT, which had on November 5, adjourned till November 19 for the commencement of Saraki’s trial, must await the decision of the apex court on the Senate President’s main appeal.

Saraki, through his lawyers, led by Mr. Joseph Daudu (SAN), had appealed to the Supreme Court to challenge the September 30, 2015 judgment of the Court of Appeal, which affirmed that the 13 counts of false asset declaration preferred against him before the CCT were competent.

The appeal court also affirmed that the Justice Danladi Umar-led CCT had the required jurisdiction to entertain the charges against the Senate President.

All the arguments by Saraki’s lawyers against the jurisdiction of the CCT and competence of the charges preferred against him before the tribunal were dismissed by a two-to-one split judgment of the Court of Appeal.

But the issues dismissed by the Court of Appeal form Saraki’s seven grounds of appeal, which his lawyers filed before the Supreme Court.

Following an application by Saraki’s lawyers for the appeal to be heard by the full panel of the Supreme Court, the number of Justices in the fresh panel will likely increase from five to seven.

The full panel of the Supreme Court comprises seven Justices as against five that were in the old panel.

Part of the appellant’s grounds of appeal to be finally decided by the apex court are whether the proceedings of the CCT, which sat with only two members as against the three provided for in the provisions of Paragraph 15(1) of the Fifth Schedule to the 1999 Constitution, are competent.

The appellant also faulted the majority decision of the appeal court, where it held that there was a lacuna regarding the quorum of the tribunal.

The Supreme Court will also decide whether the CCT is a court of limited criminal jurisdiction as held by the Court of Appeal. Meanwhile, a Lagos-based lawyer, Johnson Esezoobo, has called on the CJN to review the granting of a stay of proceedings in the trial of the Senate President at the tribunal.

A statement by Esezoobo on Tuesday described the decision by the Supreme Court as an abuse of and misuse of power, advising that “institutional safeguards should be put against abuse and misuse of power”.

He said, “From the provisions of the constitution, it is absolutely not a difficult issue to resolve except that the remedy available is not what we have been used to in our democratic practice.

“If it is agreed that when an illegality is committed, it must be redressed, we must also find out how to go about it under the constitution.”

According to Esezoobo, the order in the Saraki’s case marked the first time the apex court would commit an illegality, adding that the illegality this time round concerned a vexed national issue agitating the minds of the populace.

Esezoobo added, “I sincerely believe that the President as the Head of State and Chief Executive of the Federation, by virtue of Section 130 of the constitution, has the power to express concern and call on the CJN to explain what happened.

“He can do this through the Office of the Attorney-General of the Federation as the chief law officer of the state. In his capacity, the President as the chief executive can, through the AGF, direct the Federal Judicial Service Commission or the National Judicial Council, both as Federal Executive bodies under the Third Schedule to the Constitution, to query all the justices of the Supreme Court involved in this scandalous illegality.”

A Senior Advocate of Nigeria, Chief Mike Ozekhome, has however, faulted the criticisms trailing the order of a stay of proceedings granted Senate President Bukola Saraki by the Supreme Court on his false asset declaration trial.

Ozekhome described the criticisms of the order by human rights lawyer, Femi Falana (SAN), and Chief Adegboyega Awomolo (SAN) as incredible “perverse interpretation” of the law, contending that the senior advocates “seek to bind the Supreme Court with the uninterpreted provisions of a law that only applies to trial courts”.

Ozekhome, in an opinion article titled ‘Awomolo-Falana’s comment – A case of unfortunate sentiments Vs law’, argued that Section 306 of the Administration of Criminal Justice Act, which states that “an application for a stay of proceedings in respect of a criminal matter before the court shall not be granted,” only applied 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. 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 added.



http://punchng.com/sarakis-case-cme-court-panel/

Kool

Good

Back door judgement in respond to witchhunting proceedings.

Our judiciary system in this country is suffering from serious malfunctioning , all the serious attributes and characters needed to boost Judiciary system and take to the greater path without interference from external factors is lacking.



Are they scared to prosecute this man

I just taya.

You are accused of stealing money.

Instead of coming out to say "i did not steal money"

You are going to court to say u should not be tried and it is amazing some people still support that nonsense

Justice Fabiyi was insensitive to have granted that injunction, even if he and other members of his panel wanted to save Saraki, he should have waited until the substantive case gets to Supreme court, there their judgements which put the case to rest wouldn't have generated this much fuss. However, Saraki is only desperately dragging himself to oblivion ahead of 2019.

.

bleeped up nation,when court judgement don't go your way,u blame d judges. But if it does,u call him incorruptible

I am beginning to see Ozekhome as a clog in the wheels of progress of Nigeria. He always manages to twist law and facts to support illegality.

Perhaps those kidnappers should have done the needful

The judiciary has become a joke. So any judgement delivered against saraki is good but the contrary is bad? How did we come this low? Justice Fabiyi granted an order unanimously endorsed by other four justices in the panel, why is he been singled out for this criticism. Do what you like with saraki but remember people come and go, institutions must be protected.

blackpanda:
I am beginning to see Ozekhome as a clog in the wheels of progress of Nigeria. He always manages to twist law and facts to support illegality.

Perhaps those kidnappers should have done the needful

My thoughts exactly!

It's obvious the judges have been compromised by someone acting for Saraki.

And as for Mike Ozekhome, I wish it was possible under special circumstances for SAN to be withdrawn from people. However, by now, I think everyone is beginning to get a fair idea of what he's all about.

kulikuli26:
The judiciary has become a joke. So any judgement delivered against saraki is good but the contrary is bad? How did we come this low? Justice Fabiyi granted an order unanimously endorsed by other four justices in the panel, why is he been singled out for this criticism. Do what you like with saraki but remember people come and go, institutions must be protected.

Did you read the article. The judgement is glaring against the constitution, by being
against the New Administrative Law on the granting if stay of proceedings.

If it were not the Chief Justice wouldn't be disbanding and reconstituting the panel.

You must understand that supreme court judgement are very important and have weighty applications if not corrected because it becomes a precedent which will be cited by any other person going through a similar trial. The judgement if illegal and left to stay by the Chief Justice becomes part of the law, which would take Administration of Justice like 10 years backwards.

So the CJN is trying to do exactly that which you are crying about : protecting the institution of (Administrative) Justice in Nigeria.

Saraki is going no where, the guy has almost succeeded in legitimateing a total illegitimacy

Mike Ozekhome!! The rogue lawyer.

[s]

omowolewa:
Back door judgement in respond to witchhunting proceedings.

[/s]

Spending 3 - 5mins of your time reading 4 to 5 paragraphs of this write-up would have saved you this embarrassment. How is that a back-door judgement? They stated that it's a norm for them to disband the panel since one of them who's the leader of the panel is retiring.

Enjoy your day

donphilopus:
[s][/s]

Spending 3 - 5mins of your time reading 4 to 5 paragraphs of this write-up would have saved you this embarrassment. How is that a back-door judgement? They stated that it's a norm for them to disband the panel since one of them who's the leader of the panel is retiring.

Ozekhome, in an opinion article titled ‘Awomolo-Falana’s comment – A case of unfortunate sentiments Vs law’, argued that Section 306 of the Administration of Criminal Justice Act, which states that “an application for a stay of proceedings in respect of a criminal matter before the court shall not be granted,” only applied 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. 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 added.

may God help this country, buhari's govt is putting confusion into the judiciary, any judgement that doesn't favour apc would be decided again, even in the supreme Court. this is a bad precedence for this country.

lanrefront1:


Did you read the article. The judgement is glaring against the constitution, by being
against the New Administrative Law on the granting if stay of proceedings.

If it were not the Chief Justice wouldn't be disbanding and reconstituting the panel.

You must understand that supreme court judgement are very important and have weighty applications if not corrected because it becomes a precedent which will be cited by any other person going through a similar trial. The judgement if illegal and left to stay by the Chief Justice becomes part of the law, which would take Administration of Justice like 10 years backwards.

So the CJN is trying to do exactly that which you are crying about : protecting the institution of (Administrative) Justice in Nigeria.

Did you read the part they reported Justice fabiyi is retiring? So is CJN going to remove the other four justices who were part of the judgment? Some other SANs have also argued justice fabiyi was in order. Let's not always crucify the court when judgment doesn't favour us.

kulikuli26:
The judiciary has become a joke. So any judgement delivered against saraki is good but the contrary is bad? How did we come this low? Justice Fabiyi granted an order unanimously endorsed by other four justices in the panel, why is he been singled out for this criticism. Do what you like with saraki but remember people come and go, institutions must be protected.

Read the news,no such thing would happen, the useless Punch newspapers are just speculating and trying to blackmail the supreme court. The spokesman for the supreme court denied knowledge of such a development

End time saraki

Chai. No peace for a thief. I can feel Saraki's sudden palpitation

OKAY

Saraki is partial

way to go...

This matter will be tossed up and down till saraki complete his tenure. . . . . Cursed leaders/administration

Better

Substitution tinz....if hazard they mess up willian go perform