odikimi:

Please tell me where the Supreme Court affirmed it as a criminal court? In whose case, because I know that was not part of the preliminary objections Saraki raised which the supreme court ruled on.

Simple question sir,

Does the act establishing the CCT make it a criminal court?

Your concerns have been well addressed
http://www.ndibe.org/2016/02/cct-supreme-court-dismisses-sarakis.html

Making his argument, Joseph Daodu, Saraki’s lawyer, pegged his brief on three points. He argued that the CCT, in its trial of the senate president, was not properly constituted, and that the tribunal was not a court of competent criminal jurisdiction. “The CCT is just a disciplinary panel for public officers,” he had said. He also argued that the case against his client was not properly initiated owing to the absence of an attorney-general at the time.

But Rotimi Jacobs, counsel to the CCT, urged the apex court to dismiss Saraki’s appeal for lack of merit. He argued that tribunal was properly constituted, as only two members were required to form a quorum to sit in judgment on a case. He further argued that in the absence of the attorney-general of the federation, an officer in his office could initiate criminal proceedings against anyone as was in the case against the senate president. On November 12, 2015, the supreme court asked the CCT to stay proceedings in the trial of Saraki, pending the determination of the appeal before it.

In October 2015, Saraki approached the appeal court, asking it to quash his trial at the CCT. His request was also grounded in the argument that the CCT was not properly constituted, and that the tribunal lacked the power to try criminal matters. But on October 30, 2015, the appeal court dismissed Saraki’s argument that the CCT was not a court of competent jurisdiction to handle the criminal charges preferred against him. “The CCT is a court of criminal jurisdiction, albeit limited jurisdiction,” the court had held.


“The immediate question is whether it is a court or not. There is no inherent difference between a court and a tribunal. The only difference is that tribunals in most cases handle special cases. The tribunal has power to impose sanctions according to the law. It is a court with specific criminal jurisdiction.” On November 5, 2015, Saraki’s lawyers walked out of the CCT courtroom after the tribunal ruled that the trial must continue despite the pending appeal at the supreme court

so am asking what again remains?

DONSMITH123:
Am not surprised seeing Dino Melaye, (Kogi West) there. SARAKI BODY GUARD? He must!!! IRANU

Yet on Sunday he will be tweeting Holy Ghost prayers.

ikwubaba:


So are we discussing civil matter here? false asset declaration is criminal.

In interpretation of law, the court employs different canons of interpretation. It depends on the judge's school of thought. He may decide to follow; the mischief rule, the golden rule, the literal rule etcetera.
It depends on w the judge. What a good lawyer does is to read the mindset of the judge. If I am Saraki's lawyer, I will advice him to go for political settlement because with the demeanor of Umar, it is clear Saraki won't escape it. Maybe that is why his lawyer is doing everything possible to delay the trial with series of preliminary objections.

odikimi:

I see why Zombies are called that name. Please go to the constitution and read about the passage of an Act by the NASS. I won't give you the section because you will end up blaming Jonathan for the section that empowers the NASS to override the presidential assent after 30days.

You did yourself a great disservice by: 1: Calling people zombies. 2: Not providing the section of the constitution. People like you fascinates me greatly because while you might have a valid point, the condescending tone in which you made that point makes you shallow thus making it hard for people to take you seriously!

enlightenedmind:


I laugh. They do not even know who they are dealing with. Saraki is lucky that Tinubu has converted Buhari, he would have ben executed in the gallows since. Saraki thinks this is that PDP rule that he can do what he likes and get away with it. Buhai is free to do whatever he likes to Saraki. His human rights can be violated, we do not mind. The people are with Buhari on this. I will be AGAINST buhari if he does not eject Saraki. Saraki violated our human rights by disregarding us.

Good bless you my friend, just forget these hypocrites and evil supporters

odikimi:

It won't have any effect on Saraki's case. It is a trite principle of law that, the rules of court in effect when a matter comes up is what the court will use in deciding the case. The rules of court here is the ACJA. Rules of court is a procedural law and not substantive law. The Rules applicable now will be used to decide his case and not the prospective rules.
My argument is about the principle of "retrospective in criminal trial".

Yeah I know "Ex post Factor law". Why I decided to be quiet was bcoz I was astounded at Saraki's stupidity. What Saraki is doing would work if it were done the other way around. For example, African Nations cannot Sue Britain for slave trade because Slave Trade was not a crime at the time. If Slave trade were a crime and then it was now made "not" a crime [like what saraki is doing] we can sue to every last bone. Saraki is the dumbest person I have seen. And when we are done with Saraki, Dino Maleye. He and Saraki are the corrupt eggs in that senate

chukwudi44:
well done my brave senators!!! That amendment must be passed into law before the end of next month!!! lets speed it up and ensure it gets to the executive for assent before monday

WHY are u always in support of evil plan and what of if the executive refused to assent. what will u do?

chukwudi44:


but I told you Saraki and Dogara would be elected senate president and speaker before it all happened against the wishes of your inconsequential local champion.I also told you that the lion Wike would slay the lizard of Ubima before it all happened?

Pa ChukDin at his best!!!! I salute you o!!! Wu Saraki don EEP?! Na only you!!!

dyydxx:


Simple question sir,

Does the act establishing the CCT make it a criminal court?

Your concerns have been well addressed
http://www.ndibe.org/2016/02/cct-supreme-court-dismisses-sarakis.html

Making his argument, Joseph Daodu, Saraki’s lawyer, pegged his brief on three points. He argued that the CCT, in its trial of the senate president, was not properly constituted, and that the tribunal was not a court of competent criminal jurisdiction. “The CCT is just a disciplinary panel for public officers,” he had said. He also argued that the case against his client was not properly initiated owing to the absence of an attorney-general at the time.

But Rotimi Jacobs, counsel to the CCT, urged the apex court to dismiss Saraki’s appeal for lack of merit. He argued that tribunal was properly constituted, as only two members were required to form a quorum to sit in judgment on a case. He further argued that in the absence of the attorney-general of the federation, an officer in his office could initiate criminal proceedings against anyone as was in the case against the senate president. On November 12, 2015, the supreme court asked the CCT to stay proceedings in the trial of Saraki, pending the determination of the appeal before it.

In October 2015, Saraki approached the appeal court, asking it to quash his trial at the CCT. His request was also grounded in the argument that the CCT was not properly constituted, and that the tribunal lacked the power to try criminal matters. But on October 30, 2015, the appeal court dismissed Saraki’s argument that the CCT was not a court of competent jurisdiction to handle the criminal charges preferred against him. “The CCT is a court of criminal jurisdiction, albeit limited jurisdiction,” the court had held.


“The immediate question is whether it is a court or not. There is no inherent difference between a court and a tribunal. The only difference is that tribunals in most cases handle special cases. The tribunal has power to impose sanctions according to the law. It is a court with specific criminal jurisdiction.” On November 5, 2015, Saraki’s lawyers walked out of the CCT courtroom after the tribunal ruled that the trial must continue despite the pending appeal at the supreme court

so am asking what again remains?

What the Supreme ruled on was whether it has criminal jurisdiction.
The supreme court from your post held in the affirmative, however with a "but".
i.e limited criminal jurisdiction.
The issue before the court was not whether the charge was a criminal charge, Saraki only quarries the criminal jurisdiction of the cct which I earlier held that it is when the act in question is a crime. Saraki's lawyer is only trying to raise frivolous, scandalous and vexatious objection. He shouldn't have quarried the general jurisdiction of the cct. What he should've quarried was whether the alleged breach of the act amounts to crime or civil breach of trust.

odikimi:

The constitution in section 36 ( talks about the right against retrospective application of punishment. The constitution is against charging someone to court for an act which was not an offence when it was committed. The constitution goes against the legislation of retrospective criminal laws to enhance punishment. The legislature can make a law and backdate same provided the punishment can't be backdated.
In other angle, the CCT is not a superior court of record. Go and read the supreme court decisions about the Trade Dispute Act. This prompted the NASS to amend the constitution and include the Industrial Court to be among the superior courts of record.
This Saraki's case will take a long time to be finalized. I am speaking from the bar with my 6yrs experience as a learned man. So many issues will rise against the powers of the cct to cloth itself as a criminal court. Read the thread again and see the argument of my learned senior, Senator N. Peter about the contravention of the CCB act against the constitution and that of the ACJA which vested the cct with the power to use it's rules.

But barrister after everything is said and done, who did you think the ruling will favour in this case in the long run. Saraki or FG and if it's in favour of FG, What is the chances of Saraki in case of Appeal or Supreme Court? Thanks

odikimi:

In interpretation of law, the court employs different canons of interpretation. It depends on the judge's school of thought. He may decide to follow; the mischief rule, the golden rule, the literal rule etcetera.
It depends on w the judge. What a good lawyer does is to read the mindset of the judge. If I am Saraki's lawyer, I will advice him to go for political settlement because with the demeanor of Umar, it is clear Saraki won't escape it. Maybe that is why his lawyer is doing everything possible to delay the trial with series of preliminary objections.

I believe Saraki could use a plea-bargain to lighten whatever punishment he might receive.

is this an act to rescue saraki from his corruption charges? if it is then we are living in a jungle not even a zoo because a zoo is more organized.

representatives of corruption.

odikimi:

What the Supreme ruled on was whether it has criminal jurisdiction.
The supreme court from your post held in the affirmative, however with a "but".
i.e limited criminal jurisdiction.
The issue before the court was not whether the charge was a criminal charge, Saraki only quarries the criminal jurisdiction of the cct which I earlier held that it is when the act in question is a crime. Saraki's lawyer is only trying to raise frivolous, scandalous and vexatious objection. He shouldn't have quarried the general jurisdiction of the cct. What he should've quarried was whether the[b] alleged breach of the act amounts to crime or civil breach of trust[/b].

The acts are criminal by virtue of the act establishing CCT

I will be a liar if I say I am not disgusted by the actions of this present senate.

are they amending the CCA because of the travails of saraki?

how come they never thought of amending the act until now?

to whose benefit? saraki or the next Senate president who will find himself in hot water for false declaration of assets.

the earlier Nigerians realise that politicians particularly those who hold elective offices do not have our interest in heart, the better.

lawnreigh:
But barrister after everything is said and done, who did you think the ruling will favour in this case in the long run. Saraki or FG and if it's in favour of FG, What is the chances of Saraki in case of Appeal or Supreme Court? Thanks

I am not the justices so I can tell. However, if there will be anything that will favour Saraki, it will come from the Supreme Court, me personally I don't trust Court of Appeal Judges. The only escape rout the Supreme Court will give Saraki is on the requirement that "the person who gave the false declaration may be invited to clarify any ambiguity". The Supreme Court will determine the word "May".In law, words are not just as u see them. Two people can define the word "May" in two different ways. In doing this, the Supreme Court will look at the mischief the law intended to correct. It will interprete the intentions of the lawmakers on the requirements of inviting the person (Saraki) to clarify the ambiguity. Take for instance the Orubebe's case, the witnesses said they wrote to Orubebe to come and clarify but he fails to come. Whereas, in the Saraki's case, he was not invited and that is why I am sensing persecution. Why giving others the time to come and clarify the form but denied Saraki same right.
In a nutshell, the word "May" will determine Saraki's case at the Supreme Court.

dyydxx:

The acts are criminal by virtue of the act establishing CCT

Ok, let me agree with u because I v not gone through the charge sheet itself.

I tire oh

ASSU, LABOUR, TUC ETCN ANY STRIKE ACTION?

Ikeregbemadun when will u learn not to involve in what will consume your carrier ,and that of Generations
Better be wise.

chukwudi44:


but I told you Saraki and Dogara would be elected senate president and speaker before it all happened against the wishes of your inconsequential local champion.I also told you that the lion Wike would slay the lizard of Ubima before it all happened?

You also said that Otueke drunjard will win by landslide but . . .

chukwudi44:


chai!!! even Tinubu wife and boys in the senate sef fear catch dem for this matter!!! Saraki is a real strong man

What can she do? Abuja is not Lagos nah.

Mynd44:

It is not treason. It is comical really.

The senate has forgotten that laws are not retro-active meaning even if they get that bill signed, it does not apply to Senator Saraki's trial.

Plus the President is not going to sign, they can't get 2/3 of the HOR to effect a veto.

This is a waste of legislative hours

Saraki is d smartest con in Nig. U clearly re underestimating him!

kropotkin2:
Buhari and Tinubu must do everything in their power to make sure this bill is shot down in the house of representatives. We cannot condone the alteration on existing law to suit the whims of a corrupt public official, because it has very grave implications for the future. I hope the forces of good in both the senate and house muster enough courage to uphold the president's expected veto. By the way it takes 2/3rds of the 109 senators to override a presidential veto. That means saraki and his criminal gang of senators need at least 73 votes (assuming all 109 senators attend plenary on the day the vote is taken), while in the house of representatives it will also take 2/3rd of the 360 representatives, making the number required for an override to be 240(assuming also all members are in attendance). I doubt if saraki can muscle up that number. But if he eventually does then id say we just make the crook our president.

You are just a mere boy. Take the back seat. WTF!! Did I hear you say tinubu? Jesus!

erico2k2:
All politicians in Nigeria are guilty as U just charged so what's new?

That is so not a good point, but I'm not going into it with you.

if they wapoooooo


It takes takes them 4 years to pass people's bill but their own bill,it can be passed within 30 days. Thiefs

Bunch of thieves

omenka:
This is nothing but treason. These criminals constitute a bigger threat to our democracy than anything else in this country.

our senators are idi..ots, thieves and thugs... D useless Saraki deliberately absent himself to look as if his hands are clean of d corrupt bill

PentiumPro:
APC in government
PDP in power.
Buhari messed up with his ideology of I'm for everybody and not for anybody. This embolden Saraki to carry out the coup against APC and Buhari stand on non-interference in how NASS leadership emerged.
He is paying the price.

then they accused Tinubu of trying to control the President. Lol. The guy go dey sidon look

CFCman:
The constitution bars the National Assembly from making retroactive laws (i.e. ex post facto).

Thus, even if the proposed amendment is passed by both chambers, vetoed by the president, and the NASS overrides the veto with a 2/3 majority in both houses, the law would not apply to Saraki's case because his case commenced before the enactment of the law. Also, other pending cases before the CCT won't be affected by the proposed legislation.

The proposed new law will only take effect on future cases i.e. cases commenced after the day of enactment of the amendments.

You've mastered your section 4 of the Constitution. Equally their bias can be checked in Court going by the peremptory norm of checks and balances!

Mynd44:

He might get 2/3 in the senate. He cant get half from the HOR. Not with Gbajabiamila as Majority Leader there

You should know that Gbajabiamila is a paper tiger in the Green chamber as far as the herdsmen hold sway.

PentiumPro:


Bros, it's really a shame.
When you see a young graduate in his twenties without a meaningful job and still living life at the mercy of either the parents or some uncles or aunts referring to a 73 year old man that have seen it all in life as a failure, you begin to wonder the kind of humans that occupy the Nigeria space.

Until you can no longer access data to post on NL, then will you know that Buhary has failed. Your mates like beremx have seen the light, obiageli has deactivated, edcure is wailing, gbawe is feeling the heat. Defending buhary has never been harder. It sucks to be you right now mehn!

odikimi:

I am not the justices so I can tell. However, if there will be anything that will favour Saraki, it will come from the Supreme Court, me personally I don't trust Court of Appeal Judges. The only escape rout the Supreme Court will give Saraki is on the requirement that "the person who gave the false declaration may be invited to clarify any ambiguity". The Supreme Court will determine the word "May".In law, words are not just as u see them. Two people can define the word "May" in two different ways. In doing this, the Supreme Court will look at the mischief the law intended to correct. It will interprete the intentions of the lawmakers on the requirements of inviting the person (Saraki) to clarify the ambiguity. Take for instance the Orubebe's case, the witnesses said they wrote to Orubebe to come and clarify but he fails to come. Whereas, in the Saraki's case, he was not invited and that is why I am sensing persecution. Why giving others the time to come and clarify the form but denied Saraki same right.
In a nutshell, the word "May" will determine Saraki's case at the Supreme Court.

A Law demanding for a Suspect or an accused to defend himself in private is a violation of section 36 of the constitution on open trial and same cannot invalidate a criminal trial. The reason for the calling was to clarify ambiguity if any exist but with the kind of Kwara State Government fund lodged in his personal Account, his fraudulent intentions has been established.