₦airaland Forum

simplycarro:
Unfortunately, it's well known to the APC apparatchiks that Alhaji Yahaya Bello engaged in anti-party activities after losing the primaries to the late Audu.

Which Anti party activities ?
After helping Audu Campaigning in our Hometown of okene, and donating to his campaign..... this is desperation at its peak.....

baby124:
Well it has to be Faleke because that is why there is a main candidate and a deputy. In case of situations like this. Same happened with GEJ and Yar Adua. It doesn't matter whether they have been elected as long as the process has started. If a ship's captain dies on a journey, the deputy takes over. You don't stop the ship and fly in a new captain to take over. That is absurd.

don you understand English
1 Faleke is not qualified because he did not participate in the primaries
2 A Primaries was held and a second position emerged
3 Audu/faleke ticket is not yet elected

FreeGlobe:
The Kogi speaker should be sworn in as acting governor pending the conduct of a fresh poll.

Wada's tenure expires january 26 2015 ...

Kuraino:
and those useless faan will not do anything about it, very useless set of people
beware of the poster above me he is not in the right frame of mind

Its not FAAN's duty ..... Meet the NCAA

Share for Wada

Like for Audu

aresa:
Ambode aka Orobo governor aka yuppy daddy aka fashion model aka faji governor aka errand boy...



I seriously miss BRF...

Cos Ambode fired your boss abi

datola:
Christianity at the level of campus fellowship is more real than we have in the outside world.

I miss early morning cry by the Deeper Life; love by CLF and BLW; fire prayer by CACSA, glorious music by CASOR; academic excellence by Exploit Maker and a bit of everything by largest campus fellowship, RCF.

All this Oau students that stayed on campus
No Livingword or kingsword?

hakeem4:
I want to work as a civil engineer in the military even tho I'm still an undergraduate in a civilian university is it possible ?

Yea direct t short service

Surprisingly the best analysis I have seen so far
Cc chukwudi44 tonyebarcanista

Cc seun
This deserves front page...truckpusher Rozayx5 bomsilaga exxel erunz dunsman Nigerianvenom Ishiamu Phockphockman, nwadiuko1, ibokUtoroh, Koded, Ecoterrors, iPrinz20 Aprokoman, Whynotthetruth, Dearpreye, Firefire, Francizy, Temitemi1, Hinwazaka Ecoterrors, Dumkem21 Biafranqueen, Mogidi, Mizmycoli, IsraeliAirforce, Candyrain, Ambivert, Rose2014, Provacateur, Opiaoku, NDPVF, Anonimi, Engineerboat, Talktimi, ahaika23, coolestrogue APCSucks Emperortj93 DebateNigeria areas obiagelli

:
(As at 19/09/2015) far the public, the media and even lawyers have been divided on the battle between the Senate President, Bukola Saraki and the Code of Conduct Bureau and Tribunals (CCB and CCB) along political and fraternal affiliations and sentiments. Beyond these judgments which are based on mere affiliations and sentiments, I found it more pressing the need to inform and guide the public, especially the masses on the real issues and probable reasonings involved to save us from being naively caught up in the current struggle of superiority between members of our political class.


https://www.mustardpressng.com/wp-content/uploads/2015/09/wpid-bukola-saraki.jpg


From all the melodramatic displays and exchanges however, the following three (3) issues can be formulated. The first two can be issues of determination before the court of law and which I shall deal with hereafter; the third before the court of public opinion and as such I shall omit in my discussion because of the sentiments both sides have generated. The issues include:

1. Whether the CCT is inferior to the FHC and/or subject to the judicial review power of the Federal High Court (FHC)?

2. Whether the charges against Saraki brought by the CCB through the Director of Prosecution in the Ministry of Justice without an existing Attorney General of the Federation (AGF) are competent in law?

3. Whether with certain past and unfolding events about the CCT, CCB and Saraki, the whole actions amount to witch-hunt or rather an attempt to evade corruption charges?

ISSUE ONE:

Despite the seemingly lack or scarcity of Supreme Court decisions that expressly rule on the question of inferiority of CCT to FHC or coordinate jurisdictions of the duo, same question can be settled by resort to the unambiguous provisions of the highest law of the land, the 1999 Constitution of the Federal Republic of Nigeria, 2011 as amended ( to be hereinafter referred to as the 1999 CFRN).

Sections 4 and 5 of the 1999 CFRN deal with legislative and executive powers while section 6 deals with judicial powers. The latter section is the basis of all other provisions of the Constitution or all other Acts in relation to the judiciary. By virtue of the combined provisions of section 6(3) & (5)(a)-(i), a FHC is EXPRESSLY mentioned to be part of "the only superior courts of records in Nigeria". It is trite law that expressio unius est exclusio alterius, an express mention of one thing is the exclusion of others, as such, CCT is not part of superior courts and accordingly it's an inferior court.

This conclusion is also supported on the following grounds:
(1) paragraphs (j) & (k) of the same section 6(5) go further to provide for "such other courts as may be authorized by law" and this by virtue of express exclusion above invariably include courts like the CCT, Magistrate courts, etc; 
(2) by the fact that the officers of the CCT are not judicial officers by virtue of the exclusion of the officers of the CCT in the list of judicial officers under interpretation section 318 of same 1999 CFRN. As such the officers of the CCT just as those of the Magistrate courts and of tribunals or committees acting in quasi-juducial committees are inferior to the officers of courts of superior records in terms of judicial hierarchy and powers.

It follows from the above premises therefore, that the CCT is not merely a court of inferior records, its proceedings and powers are also subject to the judicial review powers of the FHC such as order of prohibition or injunctions, restraining a lower court like CCT, either in the interim or perpetuity, from proceeding with a trial such as in this instant case of Saraki. Meanwhile, it, needs be added that judicial review is not the same thing as an appeal, accordingly, the High Court or the FHC only has power to consider the manner (question of compliance with due process such as issue of jurisdiction as in this case) in which the decision is or is to be reached by the lower court and not the correctness of the decision itself- Governor of Oyo State v. Folayan (1995) 9 SCNJ 50 at 83, per Ogundare JSC.

ISSUE TWO:
On the authority of the Federal Republic of
Nigeria v. Osahon (2006) 5NWLR (Part 973)361 at pg 411 para C-G, per Kutigi JSC, it is settled that by virtue of the provision of section 174(1) & (2), the absence of AGF does not prevent an officer in the office of the AGF or a private prosecutor from instituting a charge against an accused person. However, it must be noted that the Counsel to Saraki are not basing their argument on the construction of section 174 of the 1999 CFRN, rather, smartly though, on the construction of section 24(2) of the Code of Conduct Bureau and Tribunal Act 2004 (Decree 1989 No. 1, to be hereinafter referred to as CCBT Act 2004) which makes use of the word ''shall'' and EXPRESSLY requires authorization by the AGF unlike section 174(2) of the 1999 CFRN which uses the word "may" and DO NOT EXPRESSLY require authorization.

For the FHC to determine this issue, the court would have to consider inter alia: 
(1) whether the use of the word "shall" and the express requirement of authorization are mere rules of procedure which can be dispensed with in the interest of Justice ( see the Court of Appeal in Oladele Ogunsakin v. Rotimi S. Ajidara (2008) 6 NWLR Pt 1082 1 @ 12) and as such do not amount to a condition precedent which denies the CCT the jurisdiction to hear the case?
(2) whether the interpretation given to section 174 of the 1999 CFRN overrides the apparently-differently-couched express provision of section 24(2) of the CCBT Act 2004, on the ground that 
(a) the former is a grundnorm? or 
(b) to hold otherwise would mean the court is given to legal technicalities and not substantial justice? A position the Supreme Court has frowned at In plethora of cases such as Nishizawa Ltd v. Jethwani (1984) 12 SC 234 Per Oputa JSC.

CONCLUSION:
Which ever way the decisions of the courts would go, the events in court as from Monday 21st till God-knows-when are going to be of great essence that will either strengthen or weaken our democracy.

ISAAC M. IBIKUNLE is a former OAU students union president and a law graduate
http://www.mustardpressng.com/blog/sarakis-arrest-order-ccb-cct-fhc-and-the-law-by-ibikunle-isaac-m/

wiseoneking:
are you on something high? Ebirrg 36% population.. How many are igalas that are more than half the state population. How many are the okuns, and other tribes. Ebira should be around 22% and okun 20%, igala 48%, others 5% , igbos 5%

Igbos 5% me "holds laugh"....
You should not have quoted me you would end up getting disgraced ...
What about Bassa , Nupe, gwari they are less than Ibo people

wiseoneking:
are you on something high? Ebirrg 36% population.. How many are igalas that are more than half the state population. How many are the okuns, and other tribes. Ebira should be around 22% and okun 20%, igala 48%, others 5% , igbos 5%

Go and check the 1991 census and stop exhibiting your ignorance

chukwudi44:
The CCT has no powers to send anyone to jail!! Whatever judgment they deliver would be challenged to the supreme court while Saraki continues to hold forth as the Senate president. Another Tambuwal like court case is in the offing

You need sense......

chukwudi44:
At this point i think i would just stop debating with you.

That's why the court summoned the CCB besides what punishment can be given to the bureau in an official capacity
Use your brain old man

chukwudi44:
FHC summoned CCB and not CCT,

They are not answerable to the FHC .............
Not that it favours me
That's why the court summoned the CCB besides what punishment can be given to the bureau in an official capacity

chukwudi44:
Mr Lawyer so you mean to tell me that the CCB can ignore the order of a valid FHC? Why didn't they go to the FHC and adduce reasons why Saraki should be put on trial as the FH requested?

You are trying to give pre-eminence to the ruling of the CCT because it favours your position.Dont forget the FHC Abuja is also a court of law

Read to understand....
Lemme put it in broken for you

CCT na mate with FHC which mean say CCT fit only day controlled by AC on appeal which also fit day control FHC when appeal don't land for him corner
FHC no kan get power over him mate wey be CCT.
Codes
CCT:code of conduct Tribunal
FHC: Federal High court/ Court of limited jurisdiction
AC: Appeal Court

hinwazaka:
Chairman, please CHARGE YOUR PHONE. Or has PMB's body language failed to impact your life.

Dude address the matter besides I have power stability...
That's why I am not bothered about charging

baralatie:
oga!quote that section of the constitution!
and compare with the court of jurisprudence of the federal govt of Nigeria 1999!

To espouse your ignorance not just sections matter but also also schedules

baralatie:
oga! quote or state that supreme court verdict that stated that CCB is a court of jurisprudence against the constitution.
state the supreme court ruling that said high court cannot entertain a suite as regards the CCB!
state that part of the constitution where CCB can give INSTRUTION TO ISSUE WARRANT OF ARREST

That's how you display ignorance ....
The constitution recognises the CCB has a court on its own/Court of Superior reckoning which means a Superior court backed by the constitution.It has the same jurisdiction with a federal court and the high court can only have a persuasive effect but not binding effect.
Nb: The CCT is impari material to the FHC
Additional from omogidi234
Thanks for your information but please let me add that it appears some of our senior lawyers when they have practiced for a long period like 10,15, 20 years do forget the fundamentals of the court system. I learnt in my days as an Undergraduate (100L) that under the Nigerian Legal System, the HIGH COURT, FEDERAL HIGH COURT, SHARIA COURT OF APPEAL and ANY TRIBUNAL as well as the Newly Accredited by the Constitution- The INDUSTRIAL COURT are courts of co-ordinate jurisdiction. What that means is that none of those courts above can issue an order against one another. Appeal from all those courts go to Court of Appeal. So it is the Court of Appeal that can stop the CCT and you know, Saraki cannot head to Court of Appeal as a court of first instance- so the gimmick is go to FHC and if it does not work, on the foundation of the FHC Ruling, either party can now go to Court of Appeal and later to Supreme Court, thereby delaying the arraignment. The best bet is for the CCT to disregard the FHC order as is only persuasive and not binding.

FHC= Federal High Court
CCT = Code of Coduct Tribunal.

Booked
Jail straight

DaBullIT:
Immunity while in office prevents him from going to Jail


But i no con know if the law don change sha

He does not have

llawal:
Yes but you have to for your pgd. first then masters......fp again

You don't need PGD just 3.0

They are not confused. This is a tactical move. APC is capitalizing on Nigeria's greatest problem - tribalism.

The choice of the Yoruba man will give them the block vote of the Yoruba part of Kogi.

APC - Making Nigeria more polarized and divided.

And unjustly marginalizing the ebira.....
The PDP deputy governor is from Kabba/yoruba

wiseoneking:
Who is a lagosian and who is not. Less than 18 % of lagos are non indigene. The man may be a Kabba man in kogi state that is a house member. Thesame way you have two easternes both in state and federal house of lagos state. There is also and Edo man in state assembly. Aregbe was a former commissioner in lagos but osun governor today. Tinubu is an osun man while the present governor Amode is from ondo state. Thats why i dont see the big deal in refuting the "the nomansland' nature of lagos state. Hausa man i heard will make cabinet list. Igbos are already there even without appointment but by the power ballot cum strong population. The man must be a kogi man from okun ethnic Kabba area that have strong yoruba culture. If it happened to be otherwise, that means apc will loose hands down. So confirm well where he is from b4 they used to bury apc finally in kogi state

So the ebira people who have 36% of Kogis population are irrelevant

TonyeBarcanista:
1. Ministers are not 'mere' representatives. You gotta read
2. The constitution and relevant laws still specified some duties of the minister. For instance, the Attoney-General must give a go-ahead before any Security Agency can prosecute any case. The Petroleum minister is the statutory chairperson of NNPC. The aforementioned roles cannot be performed by the President except he takes charge of the ministries like Obj did.
3. No sane government function without cabinet. Go figure!

Finally, I won't hesitate to ignore you indefinitely should you reply will abusive word(s).

Prosecution under the Act is to be initiated by the AGF/officer in the federal ministry of justice so authorised

[quote author=Gombs post=38061455]It states that... ? [/quote1
Section 1 of the Street Trading and Illegal Market Prohibition Law 2003, restricts street trading and hawking in the metropolis.

“Section 7 and 8 of the same law gives jurisdiction and power to the special court to order the seizure and public auction of items impounded for street tradition”,

Gombs:
What law o!

Street Trading and Illegal Market Prohibition Law 2003

tuagbo:
No.I am not personally "pained" by your post.I am 6ft1.I wasn't looking for a saucy retort.I only wanted to inquire why you had to "put down" a hardworking, creative young man with something as inconsequential as his height.From what I've seen of "Falz" and Messi,they are both taller,talented and better looking than you will ever be.Compared to them,you are basically a nonentity.

You said the truth....
Am 6ft 1 too....

MadCow1:
If na me own the company, I will sack more.

No smart business owner will allow his workers to form a Union.

Smart move by the Indians.


If they don't want to work and earn their wages as agreed, they can leave. Boys full street wey ready to replace them.

Do not negotiate with terrorists.

Madcow.........
The company can be shut down

stabillo:
LOL ...are you kidding me? So Kogi Central is bigger than Kogi West. Clap for yourself

The 1991 population census also gave the per cent population
figures of each zone as 18. 36 and 46 per cent respectively.