An Abuja-based constitutional Lawyer, Barrister JOHNMARY CHUKWUKASI JIDEOBI, has declared as unconstitutional the Administration of Criminal Justice Act, 2015. Making reference to its section 396(7) which purports to accord dispenation to an Appeal Court Jutsice to descend to the High Court and hear criminal matters, the Lawyer that the National Assembly lacks the legislative competence to alter any part of the constitutional by enacting a mere Act which is inferior to and derives its validity from the constitution.
According to him "this contribution is to lay open the unconstitutionality of a Court of Appeal Justice sitting in the High Court as a High Court Judge and discharging the functions of that office to whatever end(s)"

Going further he reasoned; "the National Assembly lacks the legislative competence to enact a provision capable of mutilating the Constitutional provisions covering the composition of both the High Court and the Court of Appeal"

"Under no circumstance should an Appeal Court Justice descend to perform the office of a High Court Judge. Whenever and if ever it happens, all that will result from the exercise of such powers will be a nullity since the jurisdiction to so act never existed in him and could not have been validly conferred on him by an Act of the National Assembly such as the ACJA since the Constitution has totally covered the field on all issues touching on the composition of Court under that ancient doctrine of “covering the field”

The Lawyer cited extensively different constitutional provisions and decisions of the Supreme Court in Lakanmi v. Attorney-General Western State (1971) 1 UILR 201 at 209
- A-G Ogun of State v. A-G of the Federation (1982) 13 NSCC 1
- A-G of Abia State & 35 Ors v. A-G of the Federation (2002) 3 S.C. 106
- INEC v. Musa (2003) 1 S.C. (Pt. 1) 106.
The Lawyer "agreed that the National Assembly has the powers to make laws, such as the ACJA, 2015," He was however quick to emphasis the proviso which is that "the National Assembly can never and it is indeed incompetent to enact an Act, such as Section 396(7) of ACJA, 2015, purporting to modify, alter, increase, add, subtract from or even repeat a provision of the Constitution in any field where the Constitution itself has evinced the intention of covering such as the establishment and composition of both the Federal High Court and the High Court of the Federal Capital Territory, Abuja. See A-G of Abia State & 35 Ors v. A-G of the Federation (supra); INEC v. Musa (supra)."

It will be recalled that the Adiministration of former President Jonathan had in May, 2015 assented to the Administration of Criminal Justice Act, 2015. Section 396(7) of the Act provides as follows;
"Notwithstanding the provision of any other law to the contrary, a Judge of the High Court who has been elevated to the Court of Appeal shall have dispensation to continue to sit as a High Court Judge only for the purpose of concluding any part-heard criminal matter pending before him at the time of his elevation and shall conclude the same within a reasonable time:
Provided that this subsection shall not prevent him from assuming duty as a Justice of the Court of Appeal"

Asked of the way out of the quagmire, the Lawyer, threatened to drag the National Assembly to the Federal High Court for the Court to strike down the offensive portion of the law. Below is found a full copy of his argument.


https://web.facebook.com/jideobi.johnmary1/posts/1045354528856270