DeeManD: KINDLY READ THE HIGHLIGHTED SECTION AGAIN
(3) The courts to which this section relates, established by this Constitution for the Federation and for the States, [size=16pt]specified in subsection (5) (a) to (I) of this section,[/size] shall be the only superior courts of record in Nigeria; and save as otherwise prescribed by the National Assembly or by the House of Assembly of a State, each court shall have all the powers of a superior court of record.
And for the avoidance of doubt, subsection (5) (a) to (I) of this section are listed verbatim as:
(a) the Supreme Court of Nigeria;
(b) the Court of Appeal;
(c) the Federal High Court;
(d) the High Court of the Federal Capital Territory, Abuja;
(e) a High Court of a State
(f) the Sharia Court of Appeal of the Federal Capital Territory, Abuja;
(g) a Sharia Court of Appeal of a State;
(h) the Customary Court of Appeal of the Federal Capital Territory, Abuja;
(i) a Customary Court of Appeal of a State;
Did you not read my earlier poser to Pa Chukwudi44:, which he dexterously side-stepped?
Is the National Industrial Court (NIC) regarded as a superior court or not?
More to the point, why is it so difficult to interpret clauses 'j' and 'k' correctly?
chukwudi44: Bros quote the relevant sections of the constitution and not some rantings from the fraudulent judge
TonyeBarcanista already did.
Here is a trick question for you: is the National Industrial Court (NIC), which is not explicitly mentioned on your list, a superior court or not?
The court has exclusive jurisdiction in civil causes and matters relating to or connected with any labour, employment, trade unions, industrial relations and matters arising from workplace, the conditions of service, including health, safety, welfare of labour, employee, worker and matter incidental thereto or connected therewith.
The court also has exclusive jurisdiction in civil matters relating to, connected with or arising from Factories Act, Trade Disputes Act, Trade Unions Act, Workmen’s Compensations Act or any other Act or Law relating to labour, employment, industrial relations, workplace or any other enactment replacing the Acts or Laws………read more (link to Constitution(Third Alteration) Amendment Act 2010).
Appeals also lie from the Court to the Court of Appeal as contained in Chapter IV of the constitution of the Federal Republic of Nigeria, 1999. The National Industrial Court consists of the President of the Court and not less than twelve Judges. Presently the National Industrial Court is manned by the President and nine other Judges.
I made this point in my first post on the same subject, yesterday.
Anyway, here is what Justice Umar has to say about current proceedings...
On the contention of Saraki that the tribunal should take judicial notice of an order of the Federal High Court Abuja, made on Thursday to the effect that a suit has been filed, the court said “a court of coordinate jurisdiction cannot stop this tribunal,” adding that,”By the provision of Section 306 of the Administration of Criminal Justice Act 2015, this tribunal cannot accede to the submission of the counsel to the defendant to halt this proceeding.”
Justice Umar added that “This tribunal is a superior court of record that has coordinate jurisdiction with the Federal High Court; this court cannot be restricted by an injunction from a court of coordinate jurisdiction.
In his ruling on an application for bench warrant for the arrest of Saraki made by Muslimi Hassan, a Deputy Director Federal Ministry of Justice on behalf of the Federal Government, the tribunal Chairman, Justice Danladi Umar ordered the Inspector General of Police and other relevant agencies to arrest the Senate President.
...The judge said in the absence of the Attorney General of the Federation (AGF), the Solicitor General of the Federation or anybody mandated by the constitution has the right to initiate a legal action or exercise the power to file action on behalf of the Federal Government.
On the non appearance of Saraki to take plea, the tribunal was of the opinion that the former Governor of Kwara state cannot claim that he was not aware of the court summon.
“The defendant was served with the criminal notice filed by the complainant on 14 September, and he duly replied to the notice.
On the contention of Saraki that the tribunal should take judicial notice of an order of the Federal High Court Abuja, made on Thursday to the effect that a suit has been filed, the court said “a court of coordinate jurisdiction cannot stop this tribunal,” adding that,”By the provision of Section 306 of the Administration of Criminal Justice Act 2015, this tribunal cannot accede to the submission of the counsel to the defendant to halt this proceeding.”
Justice Umar added that “This tribunal is a superior court of record that has coordinate jurisdiction with the Federal High Court; this court cannot be restricted by an injunction from a court of coordinate jurisdiction.
“The Senate President cannot claim he was unaware of the summons. As a high ranking politician, occupying such a position in the country, he is expected to obey court order.
TonyeBarcanista: The CCB Act is in concordance with the constitution. The constitution (as quoted) only put to rest any argument that may arise. Read section 174(2) again. Meanwhile, the Constitution is the ONLY legal document upon which other documents rest. In fact, the Supreme Court is famous for striking out some section of electoral act that were in conflict. The Acts (laws of parliament) does not explain the Constitution, the Constitution instead explains the Act.
The Section 174(1) not only specified High Court but also went ahead to talk about other tribunals including those established by act of the parliament. The case is actually criminal in nature but the punishment for it was Specific. In fact conviction before the CCT means losing right to run for office or hold any office within a Specified. Let us also understand that CCT is not an really "anti-corruption" court, its function to to try those with false declaration of assets among other code of conduct breach. Saraki's corruption case will still be tried in FHC or State High Court.
Dino Melaye--His Victory is been Challenged in Court
Ekeweremadu--Accused of forging Senate Standing Order
Akpabio --Needs no Introduction
David Mark--Standing on a Foot, might possibly be sent packing from the Senate
Danjuma Goje--EFCC breathing down his neck
Yerima--EFCC Customer
Buruji Kashamu--Any single mistake from him, he would be off to the US in d next available Flight
ETC ETC ETC
David Mark -- Also being investigated for money laundering, as Lamorde ain't about to go down without a fight Mutual Assured Destruction (MAD), me like
Saturday Sun gathered that the probe of the former number three citizen started soon after President Muhammadu Buhari was sworn in on May 29. A reliable source within the anti-graft agency disclosed that the investigation borders “on a huge inflow into a bank account linked to Senator Mark, which was immediately flagged as suspicious transaction.”
“We have done a lot of work on the case but tracing the source and the purpose of the huge inflow which runs into several millions are posing some challenges. We were sure of filing charges against the Senator but we are yet to get the final instruction”, the source who refused to give further details stated.
A source close to Senator Mark however told Saturday Sun that the embattled EFCC Chairman, Ibrahim Lamorde launched the investigation to blackmail the former Senate President “for failing to speak against a public hearing being conducted by the Senate Committee on Ethics, Privileges and Public Petitions over allegations that Lamorde misappropriated billions of naira and properties recovered from former IGP, Tafa Balogun and ex-governor of Bayelsa State, Diepreye Alamieyeseigha, among others.
“The former Senate President is not the only target, Lamorde is desperate to hold on to any straw and drag down along with himself as many as possible should the Senate proceed with his probe. He can rest assured that we will resist his blackmail and make him and his agency accountable”, the source added.
MizMyColi: Oga, look for something better to nail me with.
Like I said before the post you quoted, either way, it's a win-win for PDP and a big shame to APC. The wise APC warriors among you are silent on this.
Go Figure!
You are on a hiding to none by all accounts. Tell Saraki that he has simply misread the tea leaves here.
Furthermore, section 25(3) provides that the question whether any authority has been given in pursuance of this section requiring the Attorney General to donate his prosecutorial powers under the Act, “shall not be inquired into by any person”.
Cogent arguments being tendered, earlier today It is about time Saraki honoured his overdue appointment with fate - ignominy
Tribunal issues warrant to arrest Nigeria's Senate President Bukola Saraki | TVC News
I thought the puerile arguments proffered in @OP were addressed by several commentators, earlier.
Ah well, let's hope the following article provides even more illumination.
... ...
In the third place, it is incorrect for Dr. Saraki to hinge the basis of his ex parte application on the fact that there is no incumbent Attorney General capable of instituting actions against him or any criminal action whatsoever. This line of legal reasoning, once regularly cited, has since been discredited by the Supreme Court in a number of cases and, most recently, in the case of Federal Republic of Nigeria v. Senator Adewunmi where the Supreme Court, per Umaru Altu Kalgo, JSC said “There is no doubt at all that the power to institute criminal proceedings against any person in the 1999 Constitution lies on the Attorney-General of the State or the Federation as the case may be, but such power may be exercised by the Attorney-General himself or through any officers of his department. See Sections 174 and 211 of the 1999 Constitution.
These sections though very similar in content do not require that the officers can only exercise the power to institute criminal proceedings if the Attorney General expressly donated his power to them. The provisions of the sections presume that any officer in any department of the Attorney General’s office is empowered to initiate criminal proceedings unless it is proved otherwise”.
Furthermore, section 25(3) provides that the question whether any authority has been given in pursuance of this section requiring the Attorney General to donate his prosecutorial powers under the Act, “shall not be inquired into by any person”.
The decent course for an accused, if he has concerns, is to raise preliminary objection(s) before the tribunal where he has been charged. Dr. Saraki is advised to so do if he is to remain qualified to remain as the number one lawmaker in this country.
On September 18, 2015, following Dr. Bukola Saraki’s failure to appear before the Code of Conduct Tribunal as charged, the Tribunal, on the application of the prosecutor, issued a bench warrant for the arrest of Dr. Bukola Saraki. This power is inherent in any tribunal having the full powers of a court of law, such as the Code of Conduct Tribunal. Furthermore, sections 2 and 14 of the 3rd Schedule to the Code of Conduct Bureau and Tribunal Act empower the tribunal to compel the attendance of accused persons and witnesses.
Under section 23 of the Code of Conduct Bureau and Tribunal Act, if found guilty, the tribunal is empowered to impose any of the following punishments:
(a) Vacation of office or any elective or nominated office, as the case may be; (b) Disqualification from holding any public office (whether elective or not) for a period not exceeding ten years; and (c) Seizure and forfeiture to the State of any property acquired in abuse or corruption of office.
Furthermore, trial or conviction under the Code of Conduct Bureau and Tribunal Act does not preclude a separate trial under any other applicable criminal law (Section 24 Code of Conduct Bureau and Tribunal Act).
If Nigerians have learnt anything new today, it is that the CCT operates differently under the current administration. No longer can it be described as a mere appendage to a faltering judicial system, as it once was - much like a certain 'commissioner' who appears to have lent his considerable experience to current proceedings....
Image Source: Modern Practice Of Civil Litigation In Nigeria - Maiyaki Theodore Bala Ph.D, BL
We are going to promptly arrest the Senate President, Dr. Bukola Saraki and produce him before the Code of Conduct Tribunal on Monday.
“Since it is a bench warrant issued by a competent court, the order will be carried out without delay. We don’t want to pre-empt anything,” Kolawole stated.
warrior01: Pa Eziachi, good day sir. In as much as I would concur with you on some points made, I think you're being a hypocrite. If my memory serves me right, what was your reaction on this same forum when Buhari was being accused of certificate forgery? You all said he was being hounded but today you're feeling different. Please stop pointing fingers and let Nigerians which you called accursed, express themselves in their hypocritical ways.
What certificate forgery? Are you are referring to the insidious arguments advanced by FFK and other goons from the ruling party, which was laid to shreds on these boards?
It is with some irony that I have watched various commentators ride shotgun in defence of corrupt members of my own extended family, even as I take an opposing stance, right here on NL. Now if the behaviour of these reprobates, to who few crumbs if any are thrown, does not signpost a local variant of Stockholm Syndrome; I really don't know what does
seunmsg: Gej met with Ribadu in London and they entered into an agreement before Ribadu came back to Nigeria. All the charges against him were withdrawn and he was even reinstated back to his position as AIG in the police force. The warrant was not activated because federal government withdrew the charges.
These clowns don't understand the recent history of their own country. Always frothing at the mouth, when it is best to keep quiet and learn.
Dhugal: And Ribadu never put in an appearance before the CCT,even when he came back neither was the warrant activated cos it was a nullity to start with. Come up with a better argument,you're not dealing with the regular naive nairalander here.
Why are you shifting goal posts, now that your puerile argument has been laid bare. Was an arrest order issued for Ribadu or not? Answer that question and I might just be moved to provide more enlightenment.
Dhugal: I really don't know what you children are on about.The CCT can only issue a SEARCH warrant on any property or asset in question,not arrest warrant.And it is not a criminal court,so Saraki is covered insofar as his lawyers put in an appearance on his behalf. Also,the CCB is dangerously threading on contempt of court.They should have sought to quash the restraining order first,it's very valid on them tho not on the CCT.
^^^
The Code of Conduct Tribunal (CCT) sitting in Abuja, yesterday, issued a bench warrant for the immediate arrest of the pioneer Chairman of the Economic and Financial Crimes Commission (EFCC), Mallam Nuhu Ribadu, for refusing to appear before it yesterday to answer to criminal allegations preferred against him by the federal government of Nigeria.
He had instructed his lead counsel, Mr Femi Falana, from his London residence, to file a preliminary objection on his behalf, wherein he challenged the jurisdiction of the CCT, to prosecute him in absentia. The Tribunal had on October 22 this year, threatened to commence his extradition process in the event that he fails to willingly appear before it yesterday for arraignment.
TonyeBarcanista: Bros make we leave this Saraki issue. FHC can't restrain CCB or CCT. Whatever judgement that is passed can only be restrained by a superior court (Appeal Court).
Immutable Chukwudi44, what say you about this wise counsel?
The Independent Corrupt Practices and Other Related Offences Commission, ICPC, has charged five directors in the Ministry of Niger Delta Affairs to court for allegedly stealing N655 million and $100,000.
The officials were arraigned before an Abuja Federal High Court, Maitama, presided over by Justice Baba Yusuf.
Those charged include a former Director of Finance, Yusuf Agabi, Deputy Director of Finance, Akpore Okeroghene and Director of Finance, Ayinla Abibu.
Others are Deputy Director of Accounts, Idowu Adewale and another Deputy Director, Accounts, Ntu Ngozi.
The five senior officials are accused by the ICPC of stealing N655 million and $100,00 from the ministry’s account, between December 2013 and December 2014.
The commission, through its counsel, Paul Bassi, filed a 22-count charge against Mr. Agabi, who is alleged to have defrauded the government of N458 million.
The second accused person, Mr. Akpore, was arraigned on a 5-count charge of fraudulently obtaining N33 million, while Mr. Ayinla is docked on a 10-count charge of fraud totalling N147.5 million.
The fourth and fifth accused persons, Mr. Adewale and Mrs. Ntu, were arraigned on allegations of fraudulently obtaining the sums of $100, 000 and N19 million, respectively from the ministry’s account.
All offences contravene Section 13 of the Corrupt Practices and Other Related Offences Act 2000, and punishable under Section 68 of the same Act.
While the accused persons pleaded not guilty to the charges, the court granted them bail in the sum of N10 million each and on the condition that they produce sureties who are not less than Deputy Directors in the Federal Civil Service and resident in Abuja.
They were ordered to submit their international passports to the court registrar as part of the bail conditions.
The case was adjourned to October 7 for continuation of trial.
masseratti: you are confusing ccb with cct.they are not the same thing.the high Court summoned the head of ccb not cct.
He does not get it all...
See the way he is confusing Khaki for leather...
(3)The chairman shall be a person who has held or is qualified to hold office as a judge of a superior court of record in Nigeria and shall receive such remuneration as may be prescribed by law.
The CCT is a sleeping beast that should never be nudged. If in doubt, take a look at the powers reposed in it.
(2) Prosecutions for all offences referred to in this Act shall be instituted in the name of the Federal Republic Nigeria by the Attorney-General of the Federation or such officers in the Federal Ministry of Justice as the Attorney-General of the Federation may authorized so to do
^^^LoL. The emboldened statement nullifies the central plank of Saraki's argument.
1. Establishment of Code of Conduct Tribunal
(1)There is hereby established a tribunal to be known as the Code of Conduct Tribunal (in this Act referred to as “the Tribunal”).
(2)The tribunal shall consist of a chairman and two other members.
(3)The chairman shall be a person who has held or is qualified to hold office as a judge of a superior court of record in Nigeria and shall receive such remuneration as may be prescribed by law.
(4)The chairman and other members of the tribunal shall be appointed by the President on the Seventy years, be entitled to pension for life at a rate equivalent to his last annual salary in addition to other retirement benefits to which he may be entitled.
(3) A person holding the office of chairman or member of the Tribunal shall not be removed from his office or appointment by the President except upon an address supported by two-thirds majority of each House of the National Assembly praying that he be so removed for inability to discharge the functions of the office in question (whether arising from infirmity of mind or body) or for misconduct or for contravention of this Act.
(4) A person holding the office of chairman or member of the Tribunal shall not be removed from office before retiring age, save in accordance with the provisions of this section.
2. POWERS OF THE TRIBUNAL TO IMPOSE PUNISHMENT (1) Where the Tribunal finds a public officer guilty of contravening any of the of the provisions of this a Act, It shall impose upon that officer any of the punishments specified under subsection (2) of this section.
(2) The punishment which the Tribunal may impose Shall include any of the following-
(a) Vacation of office or any elective or nominated Office, as the case may be; (b) Disqualification from holding any public office (whether elective or not) for a period not exceeding ten years; and
(c) Seizure and forfeiture to the State of any property acquired in abuse or corruption of office.
(3) The punishments mentioned in subsection (2) of this section shall be without prejudice to the penalties that may be imposed by any law where the breach of conduct is also a criminal offence under the Criminal Code or any other enactment or law.
(4) Where the Tribunal gives a decision as to whether or not a person is guilty of a contravention of any of the provisions of this Act, an appeal shall lie as of right from such decision or from any punishment imposed on such person to the Court of Appeal at the instance of any party to the proceedings.
(5) Any right of appeal to the Court of Appeal from the decision of the Tribunal conferred by subsection (4) of this section shall be exercised in accordance with the provisions of the rules of court for the time being in force regulating the powers, practice and procedure of the Court of Appeal.
(6) Nothing in this section shall prejudice the prosecution of a public officer punished under this section, or preclude such offer (Cap. 23) from being prosecuted or punished for an offence in a court of law.
(7) The provisions of the Constitution of the Federal Republic of Nigeria 1999, relating to prerogative of mercy, shall not apply to any punishment imposed in accordance with: the provisions of this section.
3. RULES OF PROCEDURE AND INSTITUTION OF PROCEEDING (1) The rules of procedure to be adopted in any prosecution for the offences under this Act before the Tribunal, and the forms to be used in such prosecutions shall be, as set out in the Third Schedule to this Act.
[Third Schedule]
(2) Prosecutions for all offences referred to in this Act shall be instituted in the name of the Federal Republic Nigeria by the Attorney-General of the Federation or such officers in the Federal Ministry of Justice as the Attorney-General of the Federation may authorized so to do,
(3) For the purpose of this section, the Attorney-General of the Federation may - after consultation with the Attorney General of any State in the Federation, authorize any officer of the Ministry of Justice or the State concerned to undertake any such prosecutions directly or assist therein; or
If the Tribunal so requests, or if contingencies so dictate authorize any other legal practitioner in Nigeria to undertake any such prosecution or assist therein: . Provided that the question whether any authority has been given in pursuance of this subsection shall not be inquired into by any person.
(4) Any person accused of any offence referred to in this Act shall he entitled to defend himself in person or by a person of his own choice, who is a legal practitioner resident in Nigeria,
25.POWER OF ISSUE SEARCH WARRANT Notwithstanding the provisions of any other enactment conferring power to search, if the chairman of the Tribunal is satisfied that there is a reasonable ground to suspect that there may be found in any building or other place whatsoever, any books, records, statements or information in any form whatsoever, which, in his opinion, are or may be material to the charge or any trial under this Act, he may issue a warrant under his hand authorizing any police officer or any member of the security agencies to enter, if necessary by force, the said building or other place and every part thereof, and to search for, seize and remove any such material as aforesaid, found therein,
26.INTERPRETATION "The Bureau means the Code of Conduct Bureau established by the Constitution and under section I of this Act;
[Cap. C23]
"Business" means any profession, vocation, trade or any adventure or concern in the nature of trade, and excludes farming;
"Child" includes a step-child, a lawfully adopted child, a child born out of wedlock and any child to whom any individual stands in place of a parent;
"Emolument" means any salary, wage, overtime or leave pay, commission, fee, bonus, gratuity, benefit, advantage (whether or not the allowance, pension or annuity is paid, given or granted in respect of any Employment or office);
"Functions" includes powers and duties;
"Foreign companies" or "foreign enterprises" means companies or enterprises in which the controlling shares are owned by persons other than the Government, its agencies or citizens of Nigeria;
"Members" includes the members or the Bureau or the Tribunal as the case may be;
"Public officer" means a person holding any of the office specified in the Second Schedule to this Act;
"The Tribunal" means the Tribunal established by and under section 20 of this Act.
PentiumPro: Old cargo. Stop spitting dirty saliva all over me.
^^^Perfect response.
The charges were prepared by M.S. Hassan, a deputy director in the office of the Attorney General of the Federation.
In a statement by his media office the Senate President dismissed the charges as false, frivolous and politically motivated.
Senior lawyers, who spoke to Daily Trust on condition of anonymity yesterday, said upon conviction the Senate President could be asked to forfeit the said assets, vacate office and be banned from holding any public office for 10 years.
Also, credible sources at the headquarters of the EFCC told Daily Trust yesterday that the anti-graft agency was planning to indict the Senate President on money laundering charges.
The sources said on condition of anonymity that the EFCC may prosecute him on money laundering and financial crime charges ‘predicated’ on the Code of Conduct Bureau’s charges.
The sources also said an ongoing investigation in the financial activities of Saraki’s wife, Toyin could also implicate the Senate President. Saraki’s reaction
Politics › Re: CCT Is A Superior Court by OnReflection: 4:35pm On Sep 19, 2015
