Agbakoba: The Code of Conduct Bureau is Not a Superior Court…
Former President of the Nigeria Bar Association, Chief Olisa Agbakoba has said the CCT was wrong to say that it was a court of equal jurisdiction with the Federal High Court.


“There are two kinds of courts in Nigeria, superior and inferior. All the superior courts are defined in Section 6 of the constitution; it does not include the Code of Conduct Bureau, it does not include the National Industrial court,” Agbakoba said.


According to him, “The Code of Conduct Bureau is not a superior court; it is an inferior court and because it is an inferior court, it is amenable to the judicial review jurisdiction of a superior court of record like the Federal High Court.”


The Federal High Court, he said had power to review the judicial work of the Code of Conduct Bureau because it is an inferior court.
Also reacting, Ebun Adegboruwa described the Tribunal’s action as an assault on rule of law. “What the Code of Conduct Tribunal did in spite of the order of the High Court amounts to judicial abuse of the due process of the rule of law and amounts to judicial rascality on the part of the serving judge of Code of Conduct Tribunal.”


Adegboruwa said the Tribunal was under the supervisory jurisdiction of the High Court, adding that the option left for the Tribunal was to approach the court that gave the order to either challenge it or vacate it.


He said, “It will amount to total anarchy for the parties affected by an order to decide whether or not to obey the order. So, to that extent, the bench warrant issued against the Senate President is ultra vires, it has no place in law and cannot be enforced, because if the order of the High Court to the tribunal was not enforced also the bench warrant of the tribunal to the Senate President cannot be enforced. You cannot use wrong to achieve a right

http://www.thisdaylive.com/articles/facing-arrest-saraki-cites-politics-in-ccb-prosecution/220612/

Real reason why legal practice is really a professional course, one interpretation by an authority like Agbakoba is about giving Saraki a lifeline. I wont be surprised if Saraki survives this banana peel and probably have d last laugh n d cct chairman who is probably smiling now begging. Am yet to hear Ekweremmadu input being a revered constitutional lawyer. If it is established dat d FHC is superior to d cct in anyway, then d Saraki team can argue contempt charge against d cct chairman for not respecting d FHC decision to wait till Monday n u know d FHC case can drag up to d supreme court. Though I wud v loved Saraki to go to prison cos of his stupendous acquisition of wealth but d brazen manner a comatose CCB suddenly became over-lively shows there is more to this than meets d eyes. ********Just Realised this my small effortless comment just made FTC and being a true Nigerian I v decided to sell this space and d proceed to be donated to d poor amongst us who are daily being robbed by politicians irrespective of party.*********

Shebi i told you peeps that the illegal order will be vacated on Monday!!The CCB chairman would be charged for contempt of court!!

Nonsense imagine an alleged criminal offender still beating chest. Whether witch hunt wizard hunt he must pay the price if he erred Shikena. However wailers association of witch hunters can rant if they care!

Oga Chukwudi u no go die for this matter. Let them be. Lawyers must chop so they are looking for a way to cut their own share loot cos the money involved in this case is mind blowing.

kahal29:
Oga Chukwudi u no go die for this matter

Lolz

He said, “It will amount to total anarchy for the parties affected by an order to decide whether or not to obey the order. So, to that extent, the bench warrant issued against the Senate President is ultra vires, it has no place in law and cannot be enforced, because if the order of the High Court to the tribunal was not enforced also the bench warrant of the tribunal to the Senate President cannot be enforced. You cannot use wrong to achieve a right

I so much love this!! The CCB ignored a valid court order!!! What they should have done was to shelve the arraignment and attend to the FHC's summons,instead they chose to ignore it altogether thereby been in contempt of court.

jlinkd78:
Real reason why legal practice is really a professional course, one interpretation by an authority like Agbakoba is about giving Saraki a lifeline. I wont be surprised if Saraki survives this banana peel and probably have d last laugh n d cct chairman who is probably smiling now begging. Am yet to hear Ekweremmadu input being a revered constitutional lawyer

More reactions will come in the comming hours and days!! It was very wrong for the CCB to ignore the FHC's order!!! Saraki can as well chose to ignore the CCT's order and that would be the begining of anarchy

The crux of the matter is false declaration of assets by Saraki but Agbakoba is here speaking legal grammar because Saraki has money to hire over 10 SANs to defend him.
Anyhow, its still early days, we are waiting and watching how this drama will play out..
One fact is that there won't be any hiding place soon in Nigeria for political thieves whether past or present.

Nonsense interpretation by PDP lawyers. Saraki will be arrested whether he likes it or not and he will be brought before the CCT on Monday to answer questions regarding his asset declaration. All this attempt to frustrate his trial will not work. He should go and prepare his defence.

chukwudi44:
Shebi i told you peeps that the illegal order will be vacated on Monday!!The CCB chairman would be charged for contempt of court!!

Why are you supporting corrupt criminals

Chai!... Chukwudi like Saraki o

Firefire:


Why are you supporting corrupt criminals

I am not supporting any corrupt criminal rather i am for the adherence to the rule of law and independence of the legislature!! The so-called trial is merely an attempt to muscle the senate president for not dancing to their tunes!!

Will you also say Agbakoba is also supporting corruption?

Firefire:


Why are you supporting corrupt criminals

No Nigerian politician is a saint, I'd rather support Saraki, Because it's obvious he's been witch-hunted here.

Nigerians are adept at creating confusion where is none.

1. It's expressly stated in the constitution that CCT has jurisdiction to try politicians or public servants for these sorts of offences. Therefore, you can't get an order to prevent you from being charged for an offence at CCT. What you can do is raise preliminary objection when charged. You can accuse the judge of being bias and ask him to recuse himself or even challenge the competence of the court to hear your case.

2.Agbakoba is just blowing hot hair. These are the relevant sections of 1999 constitution:

Fifth Schedule Part I section 18, subsection(4):

Where the Code of Conduct Tribunal gives a decision as to whether or not a person is guilty of a contravention of any of the provisions of this Code, an appeal shall lie as of right from such decision or from any punishment imposed on such person to the Court of Appeal at the instance of any party to the proceedings.

Section 240 of 1999 constitution:

240. Subject to the provisions of this Constitution, the Court of Appeal shall have jurisdiction to the exclusion of any other court of law in Nigeria, to hear and determine appeals from the Federal High Court, the High Court of the Federation Capital Territory, Abuja, High Court of a state, Sharia Court of Appeal of the Federal Capital Territory, Abuja, Sharia Court of Appeal of a state, Customary Court of Appeal of a state and from decisions of a court martial or other tribunals as may be prescribed by an Act of the National Assembly.

An appeal from CCT lies to the Court of Appeal, not the High Court of a State or the Federal High Court. This is different from customary court where an appeal can lie to the High court. Since an appeal from both the CCT and the High Court (federal or otherwise) lies to the Court of Appeal, it follows that both CCT and High court are courts of coordinate jurisdiction on the specific issues that pertain to asset declaration. You need Court of Appeal, not High Court, to restrain CCT or overturn its verdict. There is nowhere it is written in the constitution that a High Court can overturn the verdict of CCT. So how can a court order from a high court restrain CCT? It's just like saying an Abuja high court has restrained a Calabar high court from taking a case, it doesn't make sense.

3.The charges against Saraki are weighty and criminal in nature. His actions are those of a man willing to use the courts to delay the wheel of justice. If he is truly innocent, he should submit himself to trial and present evidence to debunk or refute all allegations against him. It just doesn't make sense for him to say he should not be tried. It would make more sense for him to challenge the prosecution to prove its case. The onus is on the prosecution to prove its case, so why is he afraid?

4.Except he is sparkling clean, I don't see how he can come out of this unruffled. Even if he can somehow miraculously prove he owns all the assets legitimately, there is still another dimension of scrutinizing if he paid adequate taxes.

Make we dey observe.

Agbakoba is talking nonsense, any appeal emanating from the Code of conduct tribunal lies with Court of Appeal and the Supreme Court.
It is unheard of in law of any judicial obstruction of law enforcement investigation as done by this corrupt justice of the federal high court
The tribunal shall proceed with what they are doing and let Saraki proceed to the superior court of appeal.

SeverusSnape:
Chai!... Chukwudi like Saraki o

I hate Tinubu more

SeverusSnape:
Chai!... Chukwudi like Saraki o

But truth be told - Saraki is corrupt but he's simply being treated of his fucck up.

He's not being treated this way because he was truly corrupt but paying for the betrayal and that is like sending a message to the entire pack : Look at what we did to him ,our own - And this kind of politics is bad for any country.

They are simply running the country and the APC party like a mafia organization.

SeverusSnape:
Chai!... Chukwudi like Saraki o

I will continue to defend Good people with good intentions and not criminals and looters like Bukola Saraki.

I will never allow my partisanship to becloud my responsibility of justice to the oppressed.

Saraki and his cohorts are looters, oppressors and fraudsters.

They should be made to face the full wrath of the law.

SeverusSnape:

No Nigerian politician is a saint, I'd rather support Saraki, Because it's obvious he's been witch-hunted here.

Gbam.

This is why i am a strong advocate of a thorough and holistic reform of our judiciary system.
Most judges has been compromised and some of our lawyers are not helping matters as they are simply acting as a loyal & willing tools.
In a sane environment you'll hardly experience this kind of puffy tuffy within same arm.
What is the interpretation of 'having a co-ordinate jurisdictions'?

Eziachi:
Agbakoba is talking nonsense, any appeal emanating from the Code of conduct tribunal lies with Court of Appeal and the Supreme.
It is unheard of in law about any judicial obstruction of law enforcement I investigation as done by this corrupt justice of the federal high court.
The tribunal shall proceed with what they are doing and let Saraki proceed to the superior court of appeal.

Agbakoba is a constitutional lawyer,i would rather listen to him than you!! Even Saraki's lawyers posited the same argument.Dont forget he quoted a section of the constitution to back up his statement.

chukwudi44:

I hate Tinubu more

Me too, I would rather support Saraki here, because this is a clear case of witch hunting obviously, Just because he has fallen out of favour with some people.

chukwudi44:

I hate Tinubu more

Your hatred for Tinubu the Chief of Nigeria corruption and the biggest scammer in Africa is second to none in my books.

Let stop supporting corrupt people.

Aufbauh:
This is why i am a strong advocate of a thorough and holistic reform of our judiciary system.
Most judges has been compromised and some of our lawyers are not helping matters as they are simply acting as a loyal & willing tools.
In a sane environment you'll hardly experience this kind of puffy tuffy within same arm.
What is the interpretation of 'having a co-ordinate jurisdictions'?

I would like any lawyer in the house to throw more light on the superior and inferior courts as described by Agbakoba!! If eventually Agbakoba is right,then the CCB and the CCT rather than Saraki would be in hot soup

Just like Buhari, the judiciary is equally confused. Meanwhile, what's the score line now?

Truckpusher:
But truth be told - Saraki is corrupt but he's simply being treated of his fucck up.

He's not being treated this way because he was truly corrupt but paying for the betrayal and that is like sending a message to the entire pack : Look at what we did to him ,our own - And this kind of politics is bad for any country.

They are simply running the country and the APC party like a mafia organization.

Exactly!...That's also the point I was making to Firefire, I see B00HARI and Tinubu's hand in all these Saga. I hope Saraki survives it. I believe he will.

jlinkd78:
Real reason why legal practice is really a professional course, one interpretation by an authority like Agbakoba is about giving Saraki a lifeline. I wont be surprised if Saraki survives this banana peel and probably have d last laugh n d cct chairman who is probably smiling now begging. Am yet to hear Ekweremmadu input being a revered constitutional lawyer

The CCT chairman cannot beg anybody. Agbakoba is only playing the ostrich here and you should not let him confuse you. The constitution is very clear on who can review the activities of the CCT and that definitely is the appeal court.

Beside, the FHC did not give any other stopping the CCT from sitting yesterday. The order that was giving was that all parties should appear before the FHC on Monday and CCT is not even a party to the case. The prosecutors and the respondent are the party to the case and am sure they will all appear before the FHC on Monday.

Firefire:



Your hatred for Tinubu the Chief of Nigeria corruption and the biggest scammer in Africa is second to none in my books.

Let stop supporting corrupt people.

Since they are both corrupt,i would rather support the less corrupt person.BTW Saraki has not been convicted for any crime.There is nothing wrong in me supporting him.

It's like some people are bent on making Buhari's administration a laughing stock.

Since the inauguration of the 8th NASS and subsequent appointment if its leadership, it know no peace and had not been allowed to settle down.

How i wish Buhari will emulate GEJ who pushed a Southwest Speaker but got Northwest one and accepted to work with him.

seunmsg:



The CCT chairman cannot beg anybody. Agbakoba is only playing the ostrich here and you should not let him confuse you. The constitution is very clear on who can review the activities of the CCT and that definitely is the appeal court.

Beside, the FHC did not give any other stopping the CCT from sitting yesterday. The order that was giving was that all parties should appear before the FHC on Monday and CCT is not even a party to the case. The prosecutors and the respondent are the party to the case and am sure they will all appear before the FHC on Monday.

The CCB should have deferred the arraignment until Saraki's suit is settled!! Besides the CCT chairman ws wrong to assert it was a court of cordinate jurisdiction with the FHC

The target is his position and the deed has been done.
Even if his legal team do the best job, the divided NASS must crucify Saraki.

Like they did to Olubunmi Ete, he will step down and will never come back again even when he is proven innocent.
Every other issue is secondary and left to the lawyers to feast on.