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Nairaland Forum / Adadadon's Profile / Adadadon's Posts
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Politics / Re: APC Will Only Substitute Audu For Kogi Supplementary Election - Attorney General by adadadon(m): 4:51pm On Nov 24, 2015 |
simplycarro:Which Anti party activities ? After helping Audu Campaigning in our Hometown of okene, and donating to his campaign..... this is desperation at its peak..... |
Politics / Re: APC Will Only Substitute Audu For Kogi Supplementary Election - Attorney General by adadadon(m): 4:49pm On Nov 24, 2015 |
baby124: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 |
Politics / Re: Audu’s Death: There Should Be Fresh Polls In Kogi, Say Don, Others by adadadon(m): 8:41am On Nov 24, 2015 |
FreeGlobe:Wada's tenure expires january 26 2015 ... |
Career / Re: That Act Of Discrimination By Virgin Atlantic Airways by adadadon(m): 1:49pm On Nov 22, 2015 |
Kuraino:Its not FAAN's duty ..... Meet the NCAA |
Politics / Re: Kogi Decides 2015. Live Update…#kogidecides by adadadon(m): 8:24am On Nov 21, 2015 |
Share for Wada |
Politics / Re: Kogi Decides 2015. Live Update…#kogidecides by adadadon(m): 8:24am On Nov 21, 2015 |
Like for Audu 1 Like |
Politics / Re: Governor Ambode Is Overwhelmed: Cannot Run Lagos State by adadadon(m): 9:32pm On Sep 23, 2015 |
aresa:Cos Ambode fired your boss abi |
Religion / Re: 12 Characters You'll Meet In Any Campus Fellowship by adadadon(m): 9:35am On Sep 20, 2015 |
datola:All this Oau students that stayed on campus No Livingword or kingsword? 1 Like |
Politics / Re: Nigerian Army Engineers Reconstruct Bridge Blown Up By Boko Haram by adadadon(m): 9:29am On Sep 20, 2015 |
hakeem4:Yea direct t short service 1 Like |
Politics / Re: Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac by adadadon(m): 6:18am On Sep 20, 2015 |
Surprisingly the best analysis I have seen so far Cc chukwudi44 tonyebarcanista 1 Like |
Politics / Re: Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac by adadadon(m): 12:13am On Sep 20, 2015 |
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 |
Politics / Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac by adadadon(m): 12:12am On Sep 20, 2015 |
: (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. 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/ |
Politics / Re: APC Names Lagos Lawmaker As Kogi Deputy Governorship Candidate (Is This A Joke?) by adadadon(m): 2:00pm On Sep 19, 2015 |
wiseoneking: 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 |
Politics / Re: APC Names Lagos Lawmaker As Kogi Deputy Governorship Candidate (Is This A Joke?) by adadadon(m): 1:57pm On Sep 19, 2015 |
wiseoneking:Go and check the 1991 census and stop exhibiting your ignorance |
Politics / Re: Legal Thinking: Why The Law Is Not On Saraki’s Side By Lawyer Idahosa Anthony by adadadon(m): 5:59am On Sep 19, 2015 |
chukwudi44:You need sense...... 2 Likes |
Politics / Re: CCB: Alleged False Assets Declaration By Saraki Live On TVC. by adadadon(m): 2:19pm On Sep 18, 2015 |
chukwudi44: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 1 Like |
Politics / Re: CCB: Alleged False Assets Declaration By Saraki Live On TVC. by adadadon(m): 2:12pm On Sep 18, 2015 |
chukwudi44: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 |
Politics / Re: CCB: Alleged False Assets Declaration By Saraki Live On TVC. by adadadon(m): 2:03pm On Sep 18, 2015 |
chukwudi44: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 7 Likes |
Politics / Re: CCB: Alleged False Assets Declaration By Saraki Live On TVC. by adadadon(m): 12:07pm On Sep 18, 2015 |
hinwazaka:Dude address the matter besides I have power stability... That's why I am not bothered about charging 2 Likes 1 Share |
Politics / Re: CCB: Alleged False Assets Declaration By Saraki Live On TVC. by adadadon(m): 11:44am On Sep 18, 2015 |
baralatie:To espouse your ignorance not just sections matter but also also schedules 8 Likes 1 Share
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Politics / Re: CCB: Alleged False Assets Declaration By Saraki Live On TVC. by adadadon(m): 11:31am On Sep 18, 2015 |
baralatie: 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. 23 Likes |
Politics / Re: CCB: Alleged False Assets Declaration By Saraki Live On TVC. by adadadon(m): 11:28am On Sep 18, 2015 |
Booked Jail straight 3 Likes |
Politics / Re: Saraki Is Going To Jail by adadadon(m): 10:24am On Sep 18, 2015 |
DaBullIT:He does not have 1 Like |
Jobs/Vacancies / Re: Can A 2.2 Graduate Get A Lecturing Job? by adadadon(m): 8:12am On Sep 18, 2015 |
llawal:You don't need PGD just 3.0 |
Politics / Re: APC Names Lagos Lawmaker As Kogi Deputy Governorship Candidate (Is This A Joke?) by adadadon(m): 6:33am On Sep 18, 2015 |
They are not confused. This is a tactical move. APC is capitalizing on Nigeria's greatest problem - tribalism.And unjustly marginalizing the ebira..... The PDP deputy governor is from Kabba/yoruba |
Politics / Re: APC Names Lagos Lawmaker As Kogi Deputy Governorship Candidate (Is This A Joke?) by adadadon(m): 6:30am On Sep 18, 2015 |
wiseoneking:So the ebira people who have 36% of Kogis population are irrelevant |
Politics / Re: Ministers Are Very Important And Not Noisemakers: A Reply To PMB by adadadon(m): 8:15pm On Sep 16, 2015 |
TonyeBarcanista:Prosecution under the Act is to be initiated by the AGF/officer in the federal ministry of justice so authorised 1 Like |
Politics / Re: See What KAI Did To Traders At Berger by adadadon(m): 12:19pm On Sep 16, 2015 |
[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”, |
Politics / Re: See What KAI Did To Traders At Berger by adadadon(m): 12:05pm On Sep 16, 2015 |
Gombs:Street Trading and Illegal Market Prohibition Law 2003 |
Celebrities / Re: Five Nigerian Artistes With Rib Cracking Lyrics !! by adadadon(m): 5:29pm On Sep 15, 2015 |
tuagbo:You said the truth.... Am 6ft 1 too.... |
Career / Re: Lacasera Company Workers Protest Over The Sacking Of 700 Workers by adadadon(m): 9:29am On Sep 15, 2015 |
MadCow1:Madcow......... The company can be shut down |
Politics / Re: Breaking News: Apc Picks James Faleke As Kogi Dep Gov Candidate For Kogi by adadadon(m): 4:10pm On Sep 14, 2015 |
stabillo:The 1991 population census also gave the per cent population figures of each zone as 18. 36 and 46 per cent respectively. |
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