CCT vs Saraki: Why Supreme Court ruling shouldn’t stand, by Femi Falana



On May 13, 2015, President Goodluck Jonathan signed the Administration of Criminal Justice Bill into law.

Both chambers of the national assembly had passed the bill to modernise our criminal justice system. In particular, the law has abolished stay of proceedings and interlocutory appeals by merging all preliminary objections with the substantive case in any criminal case instituted in a federal court in the country.

The revolutionary intervention of the law was occasioned by the unending trial of politically exposed persons in corruption cases.

In fact, the last straw that broke the camel’s back was the case of Mohammed Abacha v FRN, which had been stalled for 12 years on account of the preliminary objections raised and argued from the high court to the apex court by the defense counsel, Mr. J. B. Daudu SAN.

At the end of the “Israelite’s journey,” the Supreme Court ordered that the trial be commenced de novo at the federal capital territory high court. Having been completely frustrated in the circumstance, the federal government was compelled to discontinue Mr. Abacha’s corruption charge involving the theft of N664 billion under the pretext that the case would be “amicably” resolved!

Before then, the Lagos State government had been forced to abolish stay of proceedings in criminal trials following the prosecution of Major Hamza Al-Mustapha over the murder of Mrs. Kudirat Abiola.

The trial had lasted 13 years on account of several preliminary objections and interlocutory appeals that were pursued from the High Court to the Supreme Court.

Contrary to the misleading view of many senior lawyers that the abolition of stay of proceedings in criminal trials is illegal it has been judicially decided that statutes that oust the jurisdiction of courts to stay proceedings are constitutionally valid. In FRN v Nwude (2006) 2 EFCCLR 149 at 161 it was held by Justice Oyewole J. (as he then was) that section 40 of the Economic and Financial Crimes Act, 2004 which abolished stay of proceedings is not an infraction of the powers of the court.

According to his lordship,”inherent powers of the court only come into play in the absence of express statutory provisions and the court then fills in the gap by invoking its inherent powers to do justice in a given case….the intention of the legislature in this instance is to remove impediments in the way of the administration of justice.” Similarly, in Ajiboye v FRN (2013) 17 WRN 127 at 145 the Court of Appeal (per Justice Ogbuniya JCA) struck out the application for stay of proceedings on the ground that it was incompetent “in the face of the sacrosanct prescription of section 40 of the Act which clearly ousted the jurisdiction of the court over it.”

It is trite in law that jurisdiction oxygenates all proceedings in our courts. Accordingly, the exercise of judicial powers by any court without jurisdiction is bound to end in a nullity, regardless of the industry invested in it. With the enactment of the AJCA, the suspension of criminal cases by all accused persons has been effectively stopped in Nigeria.

Therefore, any judge who orders a stay of proceedings in any criminal trial does so illegally and is liable to be sanctioned by the National Judicial Council. It is unfathomable that the Supreme Court decided to return the country to the status quo ante in a rather brazen and bizarre manner.

Given the ouster clause contained in section 306 of the AJCA, the Code of Conduct Tribunal ought not to have delivered its ruling in respect of the preliminary objections filed by Dr. Saraki. The ruling should have been read together with the judgment after the conclusion of the trial. It was the premature ruling of the Tribunal which led to the filing of an interlocutory appeal in the matter.

Instead of declining jurisdiction to entertain the interlocutory appeal that has been abolished by the AJCA, the Court of Appeal ordered a suspension of the trial at the Code of Conduct Tribunal to await its decision. Although the Court of Appeal eventually dismissed the appeal the trial of the substantive case at the Code of Conduct Tribunal has been further halted by the Supreme Court which has granted another stay of proceedings pending the hearing of the interlocutory appeal filed before it by the accused person.

However, it is sad to note that in granting the order of stay of proceedings in the case the apex court ignored the provisions of sections 306 and 396 of the Administration of Criminal Justice Act, 2015. It was not a case of oversight or lack of knowledge of the existence of the AJCA on the part of the Court, but a deliberate judicial decision to turn back the hand of the clock in the ongoing battle against corruption and impunity in the land. Curiously, some senior lawyers have endorsed the blatant violation of the law in the matter.

I am disturbed that a progressive lawyer like Emeka Ngige SAN was reported to have justified the illegality of the order of stay of proceedings. No doubt, the prosecution and the defence counsel who are Senior Advocates of Nigeria cannot be exonerated in the mockery of the criminal justice system.
By arguing preliminary objections that have been merged with the substantive case the senior counsel involved in the diversionary legal rigmarole overlooked the relevant provisions of the AJCA. Similarly, the members of the Code of Conduct Tribunal and the Justices of the Appeal Court did not advert their minds to the combined effect of sections 306 and 396 of the AJCA.

In any case, one had expected the learned Justices of the Supreme Court to correct the litany of legal errors committed at the lower courts. But the errors were endorsed as the apex court decided to halt the trial without any legal justification whatsoever.

The counsel to the federal government, Mr. Rotimi Jacobs SAN was even boxed to a corner by the Court to the extent that he had to undertake not to proceed with the trial at the Code of Conduct Tribunal pending the determination of the interlocutory appeal!

As a creation of the law, the Supreme Court is bound by the law. So are the Justices of the Court. In Joseph Amashoma v The State (2011) 14 NWLR (pt 1268) 530, the Honourable Justice John Fabiyi held that “The appellant’s counsel should be reminded of the doctrine of Separation of Powers as enshrined in the 1999 Constitution. The Legislature is to enact law while it is the duty of the Judiciary to interpret the law as enacted….There is no escape route.”

In the instant case, there was no escape route. Yet, the Supreme Court discountenanced the tenet of separation of powers by the deliberate refusal to limit itself to the interpretation of the relevant provisions of the AJCA.

As the inherent powers of a Court cannot be invoked to supersede the extant provisions of a valid and subsisting legislation the Supreme Court ought to be challenged to justify the purported annulment of the clear and unambiguous provisions of the AJCA.

With profound respect to the revered members of the panel of the Court the order of stay of proceedings granted by them last week flies in the face of section 306 of the Administration of Criminal Justice Act, 2015 which provides that “An application for stay of proceedings in respect of a criminal matter before the court shall not be entertained.”

Indeed, ex abundanti cautela, section 396 thereof further provides that all preliminary objections “shall be considered along with the substantive issues and a ruling shall thereon be made at the time of the delivery of judgment.”

Apart from abolishing stay of proceedings the AJCA has effectively banned interlocutory appeals in criminal trials.

Therefore, the controversial ruling of the Supreme Court should not be allowed to stand because of its far-reaching implications and negative impact on the administration of criminal justice in the country.

Since the ruling is binding on all other courts in line with the hallowed principle of stare decisis the Supreme Court should take advantage of the substantive appeal in the Saraki’s case to review its position with a view to confirming the abolition of stay of proceedings by section 306 of the AJCA. This clarification should be made, as soon as possible, in line with the letter and spirit of the AJCA.

Otherwise, every accused person will continue to file interlocutory appeals and proceed to ask for a stay of proceedings pending the determination of such appeals. The application will have to be granted as the hands of either the trial court or the Court of Appeal would have been tied by the erroneous decision of the Supreme Court in the case of Saraki v FRN.

The apex court is advised to distance itself from the antics of the influential agents of impunity in the legal profession who have resolved to frustrate the trial of corruption cases by filing cumbrous motions and frivolous preliminary objections designed to shield members of the ruling class from prosecution. Our judges should realize that the inglorious era of engaging in dilatory tactics in criminal trials by defence counsel has been consigned to the dustbin of history.




http://www.vanguardngr.com/2015/11/cct-vs-saraki-why-supreme-court-ruling-shouldnt-stand-by-femi-falana/


Afam4eva, OAM4J, Lalasticlala, Seun

Nigeria number problem is judicial rascality!

The ACJA 2015 signed into law by GEJ is a good law. Though I ain't his fan, I give him kudos for it.

This stay of proceedings granted by the Supreme Court wants to totally rubbish this law.

This is a very dicey situation and the supreme court needs to revisit this order.

The NJC urgently needs to call the lead Judge that gave that ruling to order. I even heard the Judge is retiring in 2 weeks, no wonder he had the temerity to give such a terrible ruling.

This ruling spells doom to the fight against corruption as it will always be cited, and as such needs to be discounted by another proclamation of the Supreme Court.

Going by this report, the former NBA president, Joseph Daudu (SAN) seems to be an expert in frustrating trials with multiple interlucotry injunctions . By implication,his notorious success in frustrating the Abacha case made him the best man for the job and service needed by the Senate president.
So so sad for the legal profession that it's their former President that this report is insinuating to be using the instrumentality of the law to frustrate the fight against corruption.

Long Epistle!

There is no doubt that the apex court's ruling have been influenced. Let Saraki continue to postpone the doom day, it will eventually come.

This same Daudu SAN

Very revealing. I hope the NJC will do something about this matter.

”inherent powers of the court only come into play in the absence of express statutory provisions and the court then fills in the gap by invoking its inherent powers to do justice in a given case". Going by Femi's argument here, the court of appeal's decision in the Taraba election will be very interesting. Ishiaku may still get the court to order for a rerun if his Lawyers can argue and convince the court based on Femi's argument as quoted above.

One thing Fanana failed to tell his readers is the question and objection by Saraki's counsels that the trial is not a criminal case hence the supreme court has a date with the case to decide if its criminal case as being argued.

Without resolving the nature of the case as argued by Saraki's lawyers, it will be wrong to apply the AJCA as amended.

Fanala should stop bullying the SC with his judicial activism using his warp interpretation before the court of public opinion.

Confused laws in a confused land

Kk

One thing Fanana failed to tell his readers is the question and objection by Saraki's counsels that the trial is not a criminal case hence the supreme court has a date with the case to decide if its criminal case as being argued.

Without resolving the nature of the case as argued by Saraki's lawyers, it will be wrong to apply the AJCA as amended.

Fanala should stop bullying the Supreme Court with his judicial activism using his warp interpretation before the court of public opinion.

lonelyvoiz:
One thing Fanana failed to tell his readers is the question and objection by Saraki's counsels that the trial is not a criminal case hence the supreme court has a date with the case to decide if its criminal case as being argued.

Without resolving the nature of the case as argued by Saraki's lawyers, it will be wrong to apply the AJCA as amended.

Fanala should stop bullying the SC with his judicial activism using his warp interpretation before the court of public opinion.

Allow Falana to continue whining!!! The suporeme court's judgement is final!! Anyone not satisfied should go to the nearest transformer and do the needful.

Falana is yet to condemn the fragrant disregard of courts orders on Dasuki and Nnamdi Kanu!! Bunch of hypocrites

lonelyvoiz:
One thing Fanana failed to tell his readers is the question and objection by Saraki's counsels that the trial is not a criminal case hence the supreme court has a date with the case to decide if its criminal case as being argued.

Without resolving the nature of the case as argued by Saraki's lawyers, it will be wrong to apply the AJCA as amended.

Fanala should stop bullying the SC with his judicial activism using his warp interpretation before the court of public opinion.

The Appeal court has already ruled in favour of the CCT and the prosecution and until there is a counter ruling from the Supreme Court, it remains a criminal case as ruled by the Appeal court.

Anyone can continue arguing that their case is not a criminal case while delaying trial until the Supreme Court rules on this preliminary objection.

That is what the ACJA 2015 seeks to prevent. After the Appeal court rules, let trial continue so says the law. Even though the case is still pending at the Supreme Court.

The law further protects the person facing trial that if the trial is concluded and judgement giving before the Supreme court concludes the hearing on the preliminary objections, such judgement will not be executed/enforced until the Supreme Court dispenses the case before it.

Now if the ruling of the Supreme court is in favour of the person facing trial, the judgement of the lower court on the matter thereafter becomes a nullity. And if the ruling is in favour of the lower court/prosecution, the judgement of the lower court is then enforced/executed.

And recall that even the judgement of the lower court on the matter is still open to the appeal process up to the Supreme court again.

So the 'Accused' is well protected here.

There is no reason whatsoever to be delaying trial. This is what renders our judicial process ineffective and inefficient.

chukwudi44:


Allow Falana to continue whining!!! The suporeme court's judgement is final!! Anyone not satisfied should go to the nearest transformer and do the needful.

Falana is yet to condemn the fragrant disregard of courts orders on Dasuki and Nnamdi Kanu!! Bunch of hypocrites

You have come again with your warped reasoning.

The case being discussed here is the CCT case. Why bringing Dansuki here?? Falana is free to do a write-up on any case he deemed fit.

You cannot arm-twist/blackmail him.

agabusta:


You have come again with your warped reasoning.

The case being discussed here is the CCT case. Why bringing Dansuki here?? Falana is free to do a write-up on any case he deemed fit.

You cannot arm-twist/blackmail him.

What is warped about my post? The holy bible says remove the log in your own eyes then you will see clearly the acratch in your neighbour's eyes!!

Yourself and Falana are bloody hypocrites!!! If the useless position seeking Falana wants to promote aderence to the rule of law,he should first condemn fragrant disregard of court orders by the illiterate Buhari regime!! The same thing happened during the Buhari certificate controversy,the stupid were lawyer kept mute and feigned ignorance!!

Well Falana and his likes can't rant for all I care the supreme court Judgement on the matter is final.

chukwudi44:


Allow Falana to continue whining!!! The suporeme court's judgement is final!! Anyone not satisfied should go to the nearest transformer and do the needful.

Falana is yet to condemn the fragrant disregard of courts orders on Dasuki and Nnamdi Kanu!! Bunch of hypocrites

Abobaku Saraki, are you also planning to follow Dasuki and Kunu? Abobaku Saraki, your master saraki won't be pleased. Eventually the Supreme court will rule against Saraki, who should be pleased to clear his name in court when given the chance.

Where is that half baked wannabe lawyer Chukwudi 44
Come and give ur opinion let us hear

vedaxcool:


Abobaku Saraki, are you also planning to follow Dasuki and Kunu? Abobaku Saraki, your master saraki won't be pleased. Eventually the Supreme court will rule against Saraki, who should be pleased to clear his name in court when given the chance.

Until then keep whining!!! Now go back to your islamic section why we await the supreme court's verdict.

hardywaltz:
Where is that half baked wannabe lawyer Chukwudi 44
Come and give ur opinion let us hear

Olodo next time try and read up comments before posting

chukwudi44:


What is warped about my post? The holy bible says remove the log in your own eyes then you will see clearly the acratch in your neighbour's eyes!!

Yourself and Falana are bloody hypocrites!!! If the useless position seeking Falana wants to promote aderence to the rule of law,he should first condemn fragrant disregard of court orders by the illiterate Buhari regime!! The same thing happened during the Buhari certificate controversy,the stupid were lawyer kept mute and feigned ignorance!!

Well Falana and his likes can't rant for all I care the supreme court Judgement on the matter is final.

I have told u to stop dabbling unnecessary into legal issues as you always turn out wrong.

For your information, per adventure you don't know, the Supreme Court can overrule itself.

If Senior members of the law continue to speak out against the ruling as Falana is doing it can be revisited.

The ruling has effectively rendered the ACJA 2015 useless. And that is an affront on the constitutional power of the National Assembly to make laws, and also an affront on the constitutional powers of the President to assent to laws made by the NA.


NB
The nonsense you wrote about PMB'S certificate is amazing. Is it not PDP and their numerous proxies who withdrew their case on PMB's certificate on their own volition?? Did anyone put a gun on their head? Were they not the party controlling all the organs of govt at this time?

chukwudi44:


Olodo next time try and read up comments before posting

I knew u will be here
Abobaku always ready to die for ur master.

chukwudi44:


Until then keep whining!!! Now go back to your islamic section why we await the supreme court's verdict.

Abobaku Saraki, on the contrary you should go back to you core competence as a catholic fanatic on the religion section, you seem to hardly make headway in the policitcs section, your greatest contribution to the polictics section is nothinng more than Abobaku for Saraki! lmao

PRYCE:
Long Epistle!

long epistles with alot to learn from it,

dat 1 no cocern me na chukwudi44 matter

vedaxcool:


Abobaku Saraki, on the contrary you should go back to you core competence as a catholic fanatic on the religion section, you seem to hardly make headway in the policitcs section, your greatest contribution to the polictics section is nothinng more than Abobaku for Saraki! lmao

Don't mind the man.

chukwudi44:


What is warped about my post? The holy bible says remove the log in your own eyes then you will see clearly the acratch in your neighbour's eyes!!

Yourself and Falana are bloody hypocrites!!! If the useless position seeking Falana wants to promote aderence to the rule of law,he should first condemn fragrant disregard of court orders by the illiterate Buhari regime!! The same thing happened during the Buhari certificate controversy,the stupid were lawyer kept mute and feigned ignorance!!

Well Falana and his likes can't rant for all I care the supreme court Judgement on the matter is final.

I think your brain needs surgery.

chukwudi44:


Olodo next time try and read up comments before posting

But u are the biggest olodo here.