*Fault Supreme Court decision on CCT’s jurisdiction
*Belgore, Uwaifo, Oguntade, Nwabueze, Udechukwu, Ozekhome, others concur
By Clifford NdujiheSOME leading legal luminaries including former justices of the Supreme Court have advised Chairman of the Code of Conduct Tribunal, CCT, Mr. Danladi Umar, to withdraw from presiding the ongoing trial of Senate President Bukola Saraki over alleged false assets declaration to ensure fairness in the matter.

The legal giants, who picked holes in the Supreme Court judgement of February 5, 2016 giving the CCT jurisdiction in the Saraki trial, argued that the CCT is not a court of law under our Constitution and cannot be invested with criminal or quasi-criminal jurisdiction.

Eminent lawyers, who shared this view included Justice Salisu Alfa Modibo Belgore (former Chief Justice of Nigeria; Justice George Oguntade (CFR), former Justice of the Supreme Court; Justice Samson Odemwingie Uwaifo, former Justice of the Supreme Court; Prof. Ben Nwabueze, SAN; Chief Nnoruka Udechukwu SAN; Chief Mike Ozekhome, SAN; and Mr Olalekan Ojo among others.

The advice was part of the communiqué of the Conference on ‘The Code of Conduct enshrined in the Constitution of Nigeria and its crucial Importance in the fight against Corruption’ held in Lagos on March 24 by the Ben Nwabueze Centre, which was released, yesterday.

There was a mild drama at the CCT trial on Thursday as Danladi Umar, refused to hear the motion filed by Saraki’s counsel on the CCT chairman’s alleged bias. Umar dismissed the application asking him to disqualify himself from the case, saying “that motion as far as the tribunal is concerned is of no consequence; not worthy to be entertained and is hereby thrown away.”

However, the lawyers asked Umar to withdraw on account of the graft allegations against him and the way he has handled the trial so far. They said the following in the communique:

” It is not reasonably to be supposed or be expected that Mr. Danladi Umar can be impartial or unbiased in adjudicating the case between the Federal Republic of Nigeria (FRN) against Saraki. There can be no greater mockery of the whole notion of impartiality in any adjudicatory system than that Umar, with the threat of prosecution and removal from office for alleged corruption by the FRN hanging over his head, should have been allowed to adjudicate as presiding judge in the circumstances of this case.

”Bias on the part of Umar seems to be clearly manifest in all the circumstances surrounding the case. The manner in which the trial was being conducted by Umar manifests also a certain

overzealousness that suggests at least a real likelihood of bias on the part of Umar against Saraki or a lack of impartiality,” they said.

Acknowledging ”unchallengeability of the judgement of the Supreme Court” in the Saraki case

delivered on February 5, 2016, they however said ”the Supreme Court decision on the issue of the jurisdiction of the CCT is inconsistent with the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

”The Supreme Court was wrong in holding that the Constitution itself invests the Code of

Conduct Tribunal (CCT) with a quasi-criminal jurisdiction. The Code is, in its essential character, merely a body of rules designed to regulate the civil, not criminal, behaviour of public officers, much in the fashion of the Civil Service Rules.



” The CCT, not being so listed under Section 6(5) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) as a Court, has no power or jurisdiction, derived from the Constitution, to try, convict and impose punishment on persons for a criminal offence; the decision of the Supreme Court attributing such jurisdiction to it, as jurisdiction derived from the Constitution, is null and void under sections 1(3), 6 and 36 (13) of the Constitution; also any law made by the National Assembly that confers such jurisdiction on the CCT is null and void. The Supreme Court decision on the issue of the jurisdiction of the CCT has no basis in a law validly made by the National Assembly.”

They continued: ”The Code of Conduct Bureau and Tribunal Act is glaringly unconstitutional and void because it duplicates relevant provisions of the Constitution, and because some of its provisions purport to vary the provisions of the Constitution. The CCT is not a court of law under our Constitution and cannot be invested with criminal or quasi-criminal jurisdiction.

”The initiation of the criminal prosecution against Dr. Saraki before the CCT by a Deputy Director in the Federal Ministry of Justice at a time when there was no incumbent Attorney-General of the Federation (AGF) is invalid and incompetent in law.”

Also, they urged that Saraki be given a fair hearing before a Court of Law where there would not be any likelihood of bias.

They also said that there is need to ensure that decisions of the Apex Court, as a court of last resort, are consistent with each other, and, above all, with the supreme law of the land, the Constitution, as well as with laws validly enacted by the legislature.

odikimi:
This was my argument but some people who allowed themselves to be control by emotions pour insults on my person.
This is why I can't respect Falana, I could remember Falana asking Fashola to remove chairman of panel set up to investigate Soldiers-BRT fiasco because the retired judge is a star witness to LASG in another matter.
I want Saraki to be killed, I don't have sympathy for him, but let us ensure fair hearing. What Umar is doing is against the principle of fair hearing. He has shown interest in the matter by descending into the matter. Let all ministers in the temple of justice demand for his resignation, this is a slap on the profession. It is a trite law that you take a motion once it is before you, no matter how childish the motion could be. see Julius Berger Isono a Supreme Court decision in the biter.

blackpanda:
And how much did saraki pay to these "eminent lawyers" for their "support"

Anuofias!

Saraki is jail bound whether he like it or yes

blackpanda:
And how much did saraki pay to these "eminent lawyers" for their "support"

Anuofias!

Saraki is jail bound whether he like it or yes

odikimi:
This was my argument but some people who allowed themselves to be control by emotions pour insults on my person.
This is why I can't respect Falana, I could remember Falana asking Fashola to remove chairman of panel set up to investigate Soldiers-BRT fiasco because the retired judge is a star witness to LASG in another matter. See http://www.vanguardngr.com/2014/07/brt-probe-falana-requests-fashola-remove-justice-adebajo-chairman/. But same Falana is quiet today because Saraki is corrupt. I want all corrupt politicians to be killed by Firing Squad but it has to follow due process.

I want Saraki to be killed, I don't have sympathy for him, but let us ensure fair hearing. What Umar is doing is against the principle of fair hearing. He has shown interest in the matter by descending into the matter. Let all ministers in the temple of justice demand for his resignation, this is a slap on the profession. It is a trite law that you take a motion once it is before you, no matter how childish the motion could be. see Julius Berger Isono a Supreme Court decision in the biter.

DickDastardly:

No one argues that. But let the process of getting him there not appear as dirty as his offence. Any other person can take up this matter but this umar who has not shown enough uprightness in this lingering matter.

Osyabj:
Too little too late. The die is cast. Saraki will be convicted and the planet will not blink for a second.

modath:
In every place that sanity reigns, the "eminent"?? lawyers would have prevailed on saraki to resign!!!
I'm not holding brief for Umar but which innocent person makes so many excursions to different courts in order to stall a case in which the charges are mere "persecution"/ "witch hunting"? Panama Papers full expose is in May, whatever that throws up will show us up for who we are as a nation!

989900:


While I partially agree with you and by extension the old justices, OTOH, in the grand scheme of things, then Saraki's tactics worked perfectly well: try bribing the Judge, if he does not bulge, intimidate him, if he still does not cower, destabilize him and get him to react so you can have him off your case for one of yours to come and preside over the case.

What have the wise men in the article got to say about all of Saraki's shenanigans since the onset of this trial?

Or so far, what have they have said about 'paid justice' in our country as a whole?

The likes of antics like this, and the 'get-away-with-anything' modus operandi is the reason why we have all these calamities befallen upon us, and by whatever it takes, a new path has to be created.

Jail Saraki as a deterrent to others -- bottom line, he made false declaration by his own hand.

He is in court, let him clear his name if he is not guilty as charged . . . he has the option to pursue this further to the supreme court -- let him have at it.

searchng4love:
Umar should excuse himself first.

IamPatriotic:
A quick glance at the names of the "eminent lawyers" should tell one where they're coming from, men of dishonour and apostles of corruption marauding as statesmen.

modath:


In every place that sanity reigns, the "eminent"?? lawyers would have prevailed on saraki to resign!!!

I'm not holding brief for Umar but which innocent person makes so many excursions to different courts in order to stall a case in which the charges are mere "persecution"/ "witch hunting"?

Panama Papers full expose is in May, whatever that throws up will show us up for who we are as a nation!

modath:
Saraki shouldn't resign "first"? No matter how much you wish otherwise, Umar will see this case to the very End & Saraki will get all he deserves..It is expected that he will go all the way to the SC but like he got served trying to stop proceedings, so will he get double portion...As it is now, there is only so much SUVs, favourable budget paddings & juicy committees can do, his acolytes are beginning to fold under the barrage of intense wide spread public condemnation! Politicians interests are self serving, they won't put Saraki's load for head & be dragging dia own come for back..*bookmark this post*, Saraki won't survive beyond May-June.

modath:


Saraki shouldn't resign "first"?

No matter how much you wish otherwise, Umar will see this case to the very End & Saraki will get all he deserves..

It is expected that he will go all the way to the SC but like he got served trying to stop proceedings, so will he get double portion...

As it is now, there is only so much SUVs, favourable budget paddings & juicy committees can do, his acolytes are beginning to fold under the barrage of intense wide spread public condemnation! Politicians interests are self serving, they won't put Saraki's load for head & be dragging dia own come for back..

*bookmark this post*, Saraki won't survive beyond May-June.

searchng4love:


You still don't get it. Saraki must get a fair hearing and law should be applied dispassionately. If he's impeached today is not my biz, even if jailed it does not affect me.... but the process must follow our constitution. That's all. And I will like to advice you to stop being unnecessarily emotional and dramatic about Nigerian political gladiators.