chukwudi44:
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/

Eziachi:

Of course armed robbers inside Kirikiri prison are equally been witch hunt. Many even think Ibori was being witch hunt.
In your way of reasoning, an armed robber must never be arrested because he is a enemy of the local DPO. So he is free to rob and pillage., any move against him amounted to witch hunt.
This is what politics has done to many of you. Jesus Christ,!

agyo:


an inferior court is or may be charged with contempt. Na the court be that o!!!! way ne respect themselves. Which way Nijja. ccb must follow due process not to give a negative impression (which they have already did)

...the fight for corruption to me starts with the judiciary. They shield the corrupt people for their pocket.

It is well...

Darayola:

In exercising its power to make appointments or to exercise disciplinary control over persons, the code of conduct bureau shall NOT be subjected to any other authority or persons." That is what the Law of the Land says.
And I think its interpretation is simple enough to understand.
Be it superior or inferior, they are authorities and the CCT shall not be subjected to them in its handlings.

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!!

Firefire:


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.

Code of Conduct Tribunal
15. (1) There shall be established a tribunal to be known as Code of Conduct Tribunal which shall consist of a
Chairman and two other persons.
(2) The Chairman shall be a person who has held or is qualified to hold office as a Judge of a Court of record
in Nigeria and shall receive such remuneration as may be prescribed by law.
(3) The Chairman and members of the Code of Conduct Tribunal shall be appointed by the President in
accordance with the recommendation of the National Judicial Council.
(4) The National Assembly may by law confer on the Code of Conduct Tribunal such additional powers as
may appear to it to necessary to enable it more effectively to discharge the functions conferred on it in this
Schedule.
16. (1) The tenure of office of the staff of the Code of Conduct Tribunal shall, subject to the provisions of this Code,
be the same as that provided for in respect of officers in the civil service of the Federation.
(2) The power to appoint the staff of the Code of Conduct Tribunal and to exercise disciplinary control over
them shall vest in the members of the Code of Conduct Tribunal and shall be exercisable in accordance with
the provisions of an Act of the National Assembly enacted in that behalf.
17. (1) Subject to the provisions of this paragraph, a person holding the office of Chairman or member of the Code of
Conduct Tribunal shall vacate his office when he attains the age of seventy years.
(2) A person who has held office as Chairman or member of the Code of Conduct Tribunal for a period of not
less than ten years shall, if he retires at the age of seventy years, be entitled to pension for life at a rate
equivalent to his last annual salary in addition to other retirement benefits to which he may be entitled.
(3) A person holding the office of Chairman or member of the Code of Conduct Tribunal shall not be removed
from his office or appointment by the President except upon an address supported by two-thirds majority of
each House of the National Assembly praying that he be so removed for inability to discharge the functions of
the office in question (whether arising from infirmity of mind or body) or for misconduct or for contravention of
this Code.
(4) A person holding the office of Chairman or member of the Code of Conduct Tribunal shall not be removed
from office before retiring age save in accordance with the provisions of this Code.
18. (1) Where the Code of Conduct Tribunal finds a public officer guilty of contravention of any of the provisions of
this Code it shall impose upon that officer any of the punishments specified under sub-paragraph (2) of this
paragraph and such other punishment as may be prescribed by the National Assembly.
(2) The punishment which the Code of Conduct Tribunal may impose shall include any of the following -
(a) vacation of office or seat in any legislative house, as the case may be;
(b) disqualification from membership of a legislative house and from the holding of any public office 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.
(3) The sanctions mentioned in sub-paragraph (2) hereof shall be without prejudice to the penalties that may be imposed
by any law where the conduct is also a criminal offence.
(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 [/b]at the instance of any party to the proceedings.
[b] (5) Any right of appeal to the Court of Appeal from the decisions of the Code of Conduct Tribunal conferred by sub-
paragraph (4) hereof shall be exercised in accordance with the provisions of an Act of the National Assembly and rules of
court for the time being in force regulating the powers, practice and procedure of the Court of Appeal.
(6) Nothing in this paragraph shall prejudice the prosecution of a public officer punished under this paragraph or preclude
such officer from being prosecuted or punished for an offence in a court of law.
(7) The provisions of this Constitution relating to prerogative of mercy shall not apply to any punishment imposed in
accordance with the provisions of this paragraph.

agabusta:


I get your point. But pls read the submissions of the high court properly. The CCT chairman is among those it summoned.

This is an excerpt of the Thisday newspaper report

tinsel:

Gini ka ifuru na okwua.

Abugab:
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.

Firefire:


May Saraki never survive this tsunami.

May this act by Tinubu and Boohary consume all of them for their corrupt practices and past fraud.

- Rotimi Amaechi

- Babangida Aliyu

- Babatunde Fashola

- Bola Tinubu

- Obasanjo

- and all corrupt politicians in Nigeria.

chukwudi44:

I hate Tinubu more

seunmsg:
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.

Truckpusher:
Gbam.

wirinet:
This is the part of the constitution setting up the Code of Conduct Tribunal;Tribunal



Does this look like laws made for an inferior court? it clearly states that the first court of appeal is the appeal court.

Firefire:


Why are you supporting corrupt criminals

seunmsg:
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.

HJ1:


This case is Tinubu vs Saraki; Both of them are criminals! In all fairness I think Tinubu is even more corrupt. So, this is not a case of supporting corrupt criminals. Any war against corruption must be done within the confines of the law, and not judicial rascality.

seunmsg:
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.

Eziachi:
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.

(6) Nothing in this paragraph shall prejudice the prosecution of a public officer punished under this paragraph or
precludesuch officer from being prosecuted or punished for an offence in a court of law.

chukwudi44:
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/

SeverusSnape:

Please spare me the sermon, Is it now they know SARAKI is corrupt?... When he was hobnobbing with them during the campaign and going with B00HARI on foreign trips; He was a saint. But now he has become the scape goat.

Obynolee:


We should learn to give honour to whom it is due,Chief Agbakoba is not speaking about the "crux of the matter "(point of facts) but point of Law which I believe (to a larger extent)that he is right.

chukwudi44:


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.

Actionleap:
Most people are even missing the main point. The CCB CANNOT institute a case against anyone without an attorney-general.
APC desperation is to remove Saraki before presenting their ministerial list to the senate for confirmation. In fact, I think it is part of the delay tactics of Buhari not able to appoint his cabinets 4months after being sworn in as president. The lynch mob won't listen to voice of reason now. All they want is bailing for blood. I am beginning to feel we are back to the days of militocracy...