Some people were wondering whether the FG was wrong/right to okay the prosecution of Senator Saraki before the Code of Conduct Tribunal in the absence of an Attorney General of the Federation/Minister of Justice. Though I explained in the affirmative, but I decided to create a new thread and respond with relevant section of the Constitutuon.

According to Section 174(1) of 1999 Constitution (as amended)

(1) The Attorney-General of the Federation shall have power
(a) to institute and undertake criminal proceedings against any person before any court of law in Nigeria, other than a court- martial, in respect of any offence created by or under any Act of the National Assembly;
(b) to take over and continue any such criminal proceedings that may have been instituted by any other authority or person; and
(c) to discontinue at any stage before judgement is delivered any such criminal proceedings instituted or undertaken by him or any other authority or person.

Looking further to subsection (2)
(2) The powers conferred upon the Attorney- General of the Federation under subsection (1) of this section may be exercised by him in person or through officers of his department.

From the above Section 174(1) (2), it is clear that while the AGF has the power to institute criminal proceeding, such function can also be exercised by an officer (authorised) in the Ministry of Justice. In the case of Saraki, the FG/CCB has not erred in proceeding with his trial as long as an authorised officer from the Justice Ministry okayed the prosecution. In other words, the FG so far has acted within the ambit of the law in the prosecution of Saraki before the Code of Conduct Tribunal.


Please, this piece is for the sake of clarification and not a show of intellectual strength.


May God Bless Us All

A is for Apple


B is for Ball




C is for Cat



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...


....



W is for Wailing Wailers

Shut up barcanista

U dnt knw nothing

TonyeBarcanista:
Some people were wondering whether the FG was wrong/right to okay the prosecution of Senator Saraki before the Code of Conduct Tribunal in the absence of an Attorney General of the Federation/Minister of Justice. Though I explained in the affirmative, but I decided to create a new thread and respond with relevant section of the Constitutuon.
According to Section 174(1) of 1999 Constitution (as amended)
(1) The Attorney-General of the Federation shall have power
(a) to institute and undertake criminal proceedings against any person before any court of law in Nigeria, other than a court- martial, in respect of any offence created by or under any Act of the National Assembly;
(b) to take over and continue any such criminal proceedings that may have been instituted by any other authority or person; and
(c) to discontinue at any stage before judgement is delivered any such criminal proceedings instituted or undertaken by him or any other authority or person.
Looking further to subsection (2)
(2) The powers conferred upon the Attorney- General of the Federation under subsection (1) of this section may be exercised by him in person or through officers of his department.
From the above Section 174(1) (2), it is clear that while the AGF has the power to institute criminal proceeding, such function can also be exercised by an officer (authorised) in the Ministry of Justice. In the case of Saraki, the FG/CCB has not erred in proceeding with his trial as long as an authorised officer from the Justice Ministry okayed the prosecution. In other words, the FG so far has acted within the ambit of the law in the prosecution of Saraki before the Code of Conduct Tribunal.
Please, this piece is for the sake of clarification and not a show of intellectual strength.
May God Bless Us All

U have spoken well bro,






come and join me

Noted. Let me see how Saraki will extricate his accursed thieving fingers from this

TonyeBarcanista:

You sabi read so?

I guess the guy harbors deep resentment against your person. Was shocked with his outburst.

CUM4WHAT:
NONSENSE NONSENSE NONSENSE.... Its so unfortunate dah dumb homo sapiens like you (op) still exist.. . *spits*...... Get a life dude..... Don't let yur children suffer from your foolishnesss and act of countering a government instead of solving problems..... NONSENSE

You sabi read so?

Mizmycoli, Tomakint

Noted.. thanks for the clarification

There is no fear at all....

If buhari appoints the AGF before the end of the month as the case had been adjourned for the petitioners to bring forth the attorney general of the federation... Saraki will still walk out free...

APC is still very young to understand the true nature of politics as Buhari is ruling this country with the military mentality...Making it difficult for him to wholeheartedly embrace democracy!

Sa-ra-ki-ki-ki-ki........Sa-ra-ki-ki-ki-ki........Sa-ra-ki-ki-ki-ki........Sa-ra-ki-ki-ki-ki........Sa-ra-ki-ki-ki-ki........Sa-ra-ki-ki-ki-ki........Sa-ra-ki-ki-ki-ki........Sa-ra-ki-ki-ki-ki........Sa-ra-ki-ki-ki-ki........Sa-ra-ki-ki-ki-ki........Sa-ra-ki-ki-ki-ki........Sa-ra-ki-ki-ki-ki........Sa-ra-ki-ki-ki-ki........Sa-ra-ki-ki-ki-ki........Sa-ra-ki-ki-ki-ki........Sa-ra-ki-ki-ki-ki........Sa-ra-ki-ki-ki-ki........


Make una leave me ooo. I no dey craze, I just dey laugh.

Is this the same barcanista or another one...

@ barcanista, many are not even aware that if Buhari choose to run his government without Ministers, he can still use the law to back himself up....@ topic, the justification of Saraki's summon and trial by the CCB despite the absence of the Attorney-General is within the law .......Saraki in his next life would rather prefer to be a Togolese.

Bros make u shot up abeg

Lanretoye:
Is this the same barcanista or another one...

Same barcanista

Thanks Barcanista. U will be better off as an objective analyst than an opposition. I want you to Condemn APC,Buhari etc when they are wrong and support them when they are right.

Play the role of a Nigerian rather being APC or PDP.

You will have more followers if u do what i advised.

Change is inevitable. Barcanista is a living witness.

E pain U? Yesssss....

CUM4WHAT:
NONSENSE NONSENSE NONSENSE.... Its so unfortunate dah dumb homo sapiens like you (op) still exist.. . *spits*...... Get a life dude..... Don't let yur children suffer from your foolishnesss and act of countering a government instead of solving problems..... NONSENSE

tucky200:
.

Na you be dat? You de enjoy o.

atbu1983:
Thanks Barcanista. U will be better off as an objective analyst than an opposition. I want you to Condemn APC,Buhari etc when they are wrong and support them when they are right.
Play the role of a Nigerian rather being APC or PDP.
You will have more followers if u do what i advised.

Thank you but PDP/APC/LP etc are Nigerians. Actually, you need credible people in politics to bring about good leadership. The idea of the rebranded PDP is constructive criticism and praising/supporting the government where it does well. Of course we all want to win elections but it isn't at the detriment of the country. Even Obama is a party man.

TonyeBarcanista:
Na you be dat? You de enjoy o.

Thank you but PDP/APC/LP etc are Nigerians. Actually, you need credible people in politics to bring about good leadership. The idea of the rebranded PDP is constructive criticism and praising/supporting the government where it does well. Of course we all want to win elections but it isn't at the detriment of the country. Even Obama is a party man.

bros abeg modify dis post,I have modified mine !!!!

Ola17:
Noted. Let me see how Saraki will extricate his accursed thieving fingers from this


I guess the guy harbors deep resentment against your person. Was shocked with his outburst.

Maybe he typed that on empty stomach Me sef neva chop

TonyeBarcanista:

Same barcanista

you are as fake as a mirage,your barcanista registered just last week. you are APC's barcanista while the other is a chronic PDP member that will support jona even if he sells this country for 10naira.

tomakint:
@ barcanista, many are not even aware that if Buhari choose to run his government without Ministers, he can still use the law to back himself up....@ topic, the justification of Saraki's summon and trial by the CCB despite the absence of the Attorney-General is within the law .......Saraki in his next life would rather prefer to be a Togolese.

Well, though the law does not say he 'MUST' appoint minister but bros, we can't afford running without ministers.

Saraki should come to terms with his fate !

atbu1983:
Thanks Barcanista. U will be better off as an objective analyst than an opposition. I want you to Condemn APC,Buhari etc when they are wrong and support them when they are right.

Play the role of a Nigerian rather being APC or PDP.

You will have more followers if u do what i advised.

Thank you!

Please, this piece is for the sake of clarification and not a show of intellectual strength.

Now I doubt this
If you are pro PDP, then you just ve to stick fully bro.... What ever happens within APC should remain in APC and let them deal with it....my candid opinion!

Lanretoye:

you are as fake as a mirage,your barcanista registered just last week. you are APC's barcanista while the other is a chronic PDP member that will support jona even if he sells this country for 10naira.

Don't forget that PDP pledged support for anti-corruption fight... We(PDP) no be like that o

I just hope this dude is getting paid for all this. You get time ooo.

we already know Mr man. we don't need a barcanista to tell us

Interesting. I'm learning new stuff everyday.

To add to the original post, the CCT, Federal High Courts, and the Abuja High Court are all on the same level in the judicial hierarchy. So, the CCT cannot issue an injunction to restrain the FHC from trying an accused armed robber; and the FHCs cannot issue a stay against the CCT's summon of any individual.

Ok

tomakint:
@ barcanista, many are not even aware that if Buhari choose to run his government without Ministers, he can still use the law to back himself up....@ topic, the justification of Saraki's summon and trial by the CCB despite the absence of the Attorney-General is within the law .......Saraki in his next life would rather prefer to be a Togolese.

in d fullness of tym I quote u wit a laugh.