Abuja-based Constitutional Lawyer, BARRISTER JOHNMARY CHUKWUKASI JIDEOBI, has finally dragged the National Assembly to the Federal High Court sitting in Abuja challenging its legislative competence to enact section 106 and 396(7) of the Administration of Criminal Justice Act, 2015. Named as Defendants in the suit are the Attorney-General of the Federation, the Senate of the Federal Republic of Nigeria, the House of Representative of the Federal Republic of Nigeria, the Clerk of the National Assembly, the Inspector-General of Police and the Chief Judge of the Federal Capital Territory, Abuja.

In the Originating Summons, the Plantiff is asking the Court two questions, to wit;


1. Whether, having regard to the decision of the Nigerian Supreme Court in Ogbunyinya v. Okudo (1979) 6-9 S.C. 32, the doctrine of “covering the field” and the combined provisions of sections 1(1), 249(1) & (2), 253, 255 (1) & (2) and 258 of the 1999 Constitution of the Federal Republic of Nigeria, as amended; section 396(7) of the Administration of Criminal Justice Act, 2015 is not unconstitutional?


2. Whether, having regard to the decision of the Nigerian Supreme Court in F.R.N. v. Osahon (2006) 5 N.W.L.R. (Pt. 973) 361, the combined provisions of section 174 (1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), section 23 of the Police Act and the doctrine of “covering the field”; section 106 of the Administration of Criminal Justice Act, 2015 is not unconstitutional?

The Lawyer is claiming the following relifs from the court;

(1) A DECLARATION OF THIS HONOURABLE COURT that the provision section 396 sub-section (7) of the Administration of Criminal Justice Act, 2015 is unconstitutional, invalid, null and void and of no effect whatsoever for being inconsistent with sections 249(1) & (2), 253, 255 (1) & (2) and 258 of the 1999 Constitution of the Federal Republic of Nigeria, as amended.

(2) A DECLARATION OF THIS HONOURABLE COURT that the provision of section 106 of the Administration of Criminal Justice Act, 2015 is unconstitutional, invalid, null and void and of no effect whatsoever for being inconsistent (in its intendment) with section 174(1) of the 1999 constitution of the Federal Republic of Nigeria as amended OR for being a duplication of section 174(1) of the 1999 constitution of the Federal Republic of Nigeria as amended.

(3) A DECLARATION OF THIS HONOURABLE COURT that where the Constitution itself has enacted exhaustively in respect of any situation, conduct or subject, the 2nd and 3rd Defendants herein lack the vires to legislate on the same situation, conduct or subject or to even replicate the same provision of the constitution by way of an Act.

(4) AN ORDER OF THIS HONOURABLE COURT striking down section 396 subsection (7) of the Administration of Criminal Justice Act, 2015 for being inconsistent with sections 249(1) & (2), 253, 255 (1) & (2) and 258 of the 1999 Constitution of the Federal Republic of Nigeria, as amended.


(5) AN ORDER OF THIS HONOURABLE COURT striking down section 106 of the Administration of Criminal Justice Act, 2015 for being inconsistent (in its intendment) with section 174(1) of the 1999 constitution of the Federal Republic of Nigeria as amended OR for being a duplication of section 174(1) of the 1999 constitution of the Federal Republic of Nigeria as amended.


(6) AN ORDER OF THIS HONOURABLE COURT declaring void and vacating the directive contained in the circular issued by the 5th Defendant barring lay Police Prosecutors from prosecuting criminal matters in all Federal Courts in the Federal Capital Territory since the said circular is inconsistent with section 174 (1) of the 1999 Constitution of the Federal Republic of Nigeria as amended.

It will be recalled that Lay Police Prosecutors were recently banned, by the Chief Judge of the F.C.T., from prosecuting criminal matters before the Federal Courts in Abuja since coming into force of the Administration of Criminal Justice Act in 2015. The Nigerian Supreme Court has earlier ruled that any police officer can prosecute a criminal matter whether he is a lawyer or not in the case of Federal Republic of Nigeria vs. Osahon.

Source: http://www.odogwublog.com/2016/02/national-assembly-in-trouble-as-lawyer.html

waiting and following

Corruption fighting back, now against the law!

Okay...lets see how these play out