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|Justice Onnoghen Agrees With Falana by cola: 11:29am On Jan 28, 2019|
The Court of Appeal cannot make an order restraining the CCT from performing what belongs to it exclusively. - Femi Falana. #PoliticsToday
In the judgement of justice Onnoghen in 2012, the CCT has exclusive jurisdiction to try code of conduct violations, and the CCT also has powers to mete out punishments to violators.
Any allegation that a public officer has committed a breach of or has not complied with the provisions of this code shall be made to the code of conduct Bureau”. The foregoing provisions are clearly unambiguous and so construed literarily mean that any breaches of any provisions of the said 5th schedule or matters of noncompliance with any provisions of the Code shall, (meaning that it is mandatory i.e. must) be made to the code of Conduct Bureau that has established its Tribunal with the exclusive jurisdiction to deal with any violations of any provisions under the Code, if I may emphasise any violations shall be made to Code of Conduct Bureau. The provisions have made it mandatory to take any matters so covered by the 5th schedule (supra) to the code of conduct Bureau and not to any ordinary regular courts as has been done in this instance. If I may repeat the code of Conduct Tribunal has been established with the exclusive jurisdiction to deal with ail violations contravening any of the provisions of the Code as per paragraph 15(1). This provision has expressly ousted the powers of ordinary regular courts in respect of such violations. The Tribunal to the exclusion of other courts is also empowered to impose any punishments as specified under sub-paragraphs (2) (a), (b) & (c) of paragraph 18 as provided in sub-paragraphs 3 and 4 of paragraph 18 while appeals shall lie as of right from such decisions to the Court of Appeal.
|Re: Justice Onnoghen Agrees With Falana by Buharimustgo16F: 11:30am On Jan 28, 2019|
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