₦airaland Forum

The news that charges have been filed against the Senate President, Dr. Bukola Saraki at the Code of Conduct Tribunal was received by many with a shock. The expectation, however, was that the accused would be in haste to clear his name, as honourable men would want to.
On the contrary, Dr. Saraki filed an application before the Federal High Court seeking to stop the scheduled trial at the Code of Conduct Tribunal. The application was granted ex-parte.
The ex-parte application and its grant represent the two of the most frustrating avenues through which justice is frustrated and judicial process abused in our country’s courts of ‘justice’. The fact that the number three man in our political hierarchy is the perpetrator in this case is profoundly disappointing.
More importantly, however, is the fact that the grant of the application was in manifest error of trite law such that keen watchers may be pardoned for suspecting that something underhand was involved in the entire process.
In the first place, no court of law has the powers to interfere with, or in any way restrain the exercise of the judicial powers of another court of co-ordinate jurisdiction. This is trite and well established in accordance with the principles of the doctrine of judicial precedent. In this case, the Federal High Court and the Code of Conduct Tribunal are courts of co-ordinate jurisdiction: appeals from the decisions of the Code of Conduct Tribunal lie to the Court of Appeal (s.23 (4) of the Code of Conduct Bureau and Tribunal Act) and appeals from the decisions of a Federal high Court lie to the court of Appeal (s. 243, Constitution of the Federal Republic of Nigeria, 1999).
In the second place, an injunction restraining the Code of Conduct Bureau is misdirected and therefore, futile. The Code of Conduct Bureau is not a prosecuting authority; under section 3 of the Code of Conduct Bureau and Tribunal Act, it is merely an administrative and investigative authority and its role in the prosecution of defaulters under the Code of Conduct Bureau and Tribunal Act is limited to recommending persons for prosecution. The prosecuting authority in respect of offences under the Code of Conduct Bureau and Tribunal Act is the Office of the Attorney General. Thus section 24 (3) of the Code of Conduct Bureau and Tribunal Act provides the Attorney General or any one nominated by him may bring charges in respect of offences under the Act.
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....


www.pmnewsnigeria.com/2015/09/18/the-legal-thinking-and-why-the-law-is-not-on-sarakis-side-by-lawyer-idahosa-anthony/

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ml

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Am beginning to think,what were his lawyers thinking about!

igbinigiejeff:
Am beginning to think,what were his lawyers thinking about!

He offended his lawyers & they decided to punish him with the "oluwole injunction" that has embarassed him the more.

But on a serious note, his lawyers dropped the ball big time, you don't ask a court of equal legal standing to "restrain" another of same legal standing.

It's like asking First bank to regulate Diamond bank's processes, first na CBN?

Intriguing

modath:
He offended his lawyers & they decided to punish him with the "oluwole injunction" that has embarassed him the more.

O boy, you bad oooo.

ok all i know, saraki will still b the senate president

modath:
He offended his lawyers & they decided to punish him with the "oluwole injunction" that has embarassed him the more.

His Lawyer must be IGBO................quote me anywhere

modath:
He offended his lawyers & they decided to punish him with the "oluwole injunction" that has embarassed him the more.

His Lawyer must be IGBO................quote me anywhere

He has no other alternative than to appear before the tribunal and defend himself from the charges against him. His lawyers have to put in more effort,their approach towards this case was unwise. Saraki's chances of coming out victorious are slim but he can pull out of it if the charges against him are not backed up with satisfactory evidence. He bit more than he can chew by going against his parties wish and maneuvering his way to become the senate president while he knows he is soaked in corrupt allegations. The v.p osinbajo is a proffessor of law,he knows the law well. Its gona be hard for saraki to elude.

Sarki will surely disappoint bar-canista,snape and chukwudi. quote me anywhere.

Am glad Buhari started the fight against Corruption in the APC. Tomorrow when a PDP chieftain is on his way to jail like Saraki, I will expect no useless comments.

Saraki will land in jail or lose his position at the very least. The Wailers that are against Buhari's administration, even hates Saraki the more for his escapade with Societe Generale Bank Nigeria PLC and the pain they cause many families.

igbinigiejeff:
Am beginning to think,what were his lawyers thinking about!

I think the better question is : what was the judge that granted the ex parte thinking?

egift:
Am glad Buhari started the fight against Corruption in the APC. Tomorrow when a PDP chieftain is on his way to jail like Saraki, I will expect no useless comments.

Saraki will land in jail or lose his position at the very least. The Wailers that are against Buhari's administration, even hates Saraki the more for his escapade with Societe Generale Bank Nigeria PLC and the pain they cause many families.

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

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

With all your previous assertions and chest beating floored, you are still claiming. Soon you will be here telling us how these your postulations are reverse-psychology and how badly wanted Saraki gone from the start

My dear 'ordinary commissioner' is there smiling as his colleagues put saraki through legal explanation and journey.








Irep 'ordinary commissioner and presidential illiterate!

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:
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

saraki abobaku, you never thought or believe anyone has the power to have saraki begging and running from pillar to post, now that we have seen that happening, you are coming up with different argument.





Na HBP go finish u. U never Shi shontin!

Ok

egift:
Am glad Buhari started the fight against Corruption in the APC. Tomorrow when a PDP chieftain is on his way to jail like Saraki, I will expect no useless comments.

Saraki will land in jail or lose his position at the very least. The Wailers that are against Buhari's administration, even hates Saraki the more for his escapade with Societe Generale Bank Nigeria PLC and the pain they cause many families.

Shut that useless trap of yours you call mouth.

We know why Saraki is going to jail and not these mumbo jumbo you keep ranting here like a rabid dog.


Shame on you - We are waiting for Amaechi ,Fashola, Tinubu to follow suit, with OBJ, IBB and Atiku inside Kirikir and I will personally hand over Jonathan to the dulllarkpo.

Yeye dey smell.

Truckpusher:
Shut that useless trap of yours you call mouth.

We know why Saraki is going to jail and not these mumbo jumbo you keep ranting here like a rabid dog.


Shame on you - We are waiting for Amaechi ,Fashola, Tinubu to follow suit, with OBJ, IBB and Atiku inside Kirikir and I will personally hand over Jonathan to the dulllarkpo.

Yeye dey smell.

So it has boiled down to insults? Tell Saraki to report to the nearest police station or be bundled.

#SocieteGeneraleBankNigeriaPLC

egift:
So it has boiled down to insults? Tell Saraki to report to the nearest police station or be bundled.

#SocieteGeneraleBankNigeriaPLC

I hope the same treatment would be given to all the thieves that has been running with Buhari.

Why is Rivers State former Governor despite his uncommon looting in the history of Rivers State still walking with shakara?


Sorry for the insults though sometimes you deserve a little of it to reset.

https://cdn.dailypost.ng/wp-content/uploads/2015/08/bukola-saraki.jpg

[img]http://babajidesalu.files./2015/06/saraki-buhari-apc-glasses-jide-salu.jpg?w=700[/img]

https://cdn.dailypost.ng/wp-content/uploads/2015/07/Saraki-buhari.png

Truckpusher:
[img]I hope the same treatment would be given to all the thieves that has been running with Buhari.[/img]

Buhari does not protect Corruption. When your case comes up, go to court and face the law. Tell Saraki to stop his yeye Hide and Seek games.

egift:
https://cdn.dailypost.ng/wp-content/uploads/2015/08/bukola-saraki.jpg

[img]http://babajidesalu.files./2015/06/saraki-buhari-apc-glasses-jide-salu.jpg?w=700[/img]

https://cdn.dailypost.ng/wp-content/uploads/2015/07/Saraki-buhari.png



Buhari does not protect Corruption. When your case comes up, go to court and face the law. Tell Saraki to stop his yeye Hide and Seek games.

But why are they running your party and our country like a mafia organization?

Truckpusher:
But why are they running your party and our country like a mafia organization?

Politics is a serious Playing ground, am sure you know that.

See:
- House of Cards
- Mafia Manager
- 48 Laws of Power

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

Bar man, please get this dude some chilled bottles of Heineken.

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