₦airaland Forum

chukwudi44:
I am not supporting any corrupt criminal rather i am for the adherence to the rule of law and independence of the legislature!! The so-called trial is merely an attempt to muscle the senate president for not dancing to their tunes!!

Will you also say Agbakoba is also supporting corruption?

Abugab:
The crux of the matter is false declaration of assets by Saraki but Agbakoba is here speaking legal grammar because Saraki has money to hire over 10 SANs to defend him.
Anyhow, its still early days, we are waiting and watching how this drama will play out..
One fact is that there won't be any hiding place soon in Nigeria for political thieves whether past or present.

SeverusSnape:
Exactly!...That's also the point I was making to Firefire, I see B00HARI and Tinubu's hand in all these Saga. I hope Saraki survives it. I believe he will.

psucc:
It's like some people are bent on making Buhari's administration a laughing stock.

Since the inauguration of the 8th NASS and subsequent appointment if its leadership, it know no peace and had not been allowed to settle down.

How i wish Buhari will emulate GEJ who pushed a Southwest Speaker but got Northwest one and accepted to work with him.

SeverusSnape:
No Nigerian politician is a saint, I'd rather support Saraki, Because it's obvious he's been witch-hunted here.

SeverusSnape:
Exactly!...That's also the point I was making to Firefire, I see B00HARI and Tinubu's hand in all these Saga. I hope Saraki survives it. I believe he will.

Truckpusher:
He is not going to survive it.

He's been boxed into a corner, only God can save him now.

Play clean politics dem no go gree - He deserves everything he is getting.

In the game of politics : Do not allow yourself to be used as a pawn because of your personal greed for power and position.

Saraki's case is like the proverbial bat : He neither a bird nor an animal.

Truckpusher:
He is not going to survive it.

He's been boxed into a corner, only God can save him now.

Play clean politics dem no go gree - He deserves everything he is getting.

In the game of politics : Do not allow yourself to be used as a pawn because of your personal greed for power and position.

Saraki's case is like the proverbial bat : He neither a bird nor an animal.

chukwudi44:
That exactly is Buhari's biggest problem!! Vendetta and it might just end up consuming him

SeverusSnape:
Hmmm...Just because he went against the wish of a "microscopic few", So they didn't know he was corrupt before?...Mehn this is bad for our democracy, and someone will come and tell me that B00HARI is a "converted Democrat". Smh!

Eziachi:
Of course armed robbers inside Kirikiri prison are equally been witch hunt. Many even think Ibori was being witch hunt.
In your way of reasoning, an armed robber must never be arrested because he is a enemy of the local DPO. So he is free to rob and pillage., any move against him amounted to witch hunt.
This is what politics has done to many of you. Jesus Christ,!

SeverusSnape:
Hmmm...Just because he went against the wish of a "microscopic few", So they didn't know he was corrupt before?...Mehn this is bad for our democracy, and someone will come and tell me that B00HARI is a "converted Democrat". Smh!

Eziachi:
Crime has no expiring date. Ask Bill Cosby he will educate you.

5starmilitant:
The man is only trying to correct some wrong impressions and distinguish between superiority and inferiority.

I know you can't wait to see Saraki go to prison. but take it easy, becos the final outcome may shock you so hard than you think. This is politics, anything can happen at anytime.

Eziachi:
What you are doing is what our Igbo ancestors refers to " the person that left bottom that farted and start hitting the head.
So your so called vendetta is now a free pass for crime? Vendetta should had been the reason to keep your nose clean or lie low.

TRUTHTOPOWER:
CCT is a superior court of record by by the combined effect of section 6(5)(j) CFRN 1999 and Sec15, Fifth Schedule CFRN. To argue otherwise is to put election tribunal at the mercy of high court jurisdiction. if FHC is superior to CCT, appeals from CCT will not go to the court of appeal but to the FHC. the decision of CCT can only be quashed by court of appeal.

chukwudi44:
I did not hear you preaching sermons when Buhari was accused of forging WAEC's certificate!!! All you mofos were saying was " even if he presents NEPA bill as certificate we will still vote for him" Do we now have two standards for measuring corruption in Nigeria?

Firefire:
I will continue to defend Good people with good intentions and not criminals and looters like Bukola Saraki.

I will never allow my partisanship to becloud my responsibility of justice to the oppressed.

Saraki and his cohorts are looters, oppressors and fraudsters.

They should face the full wrought of the law.

warrior01:
That's Pa Eziachi for you

jlinkd78:
Real reason why legal practice is really a professional course, one interpretation by an authority like Agbakoba is about giving Saraki a lifeline. I wont be surprised if Saraki survives this banana peel and probably have d last laugh n d cct chairman who is probably smiling now begging. Am yet to hear Ekweremmadu input being a revered constitutional lawyer. If it is established dat d FHC is superior to d cct in anyway, then d Saraki team can argue contempt charge against d cct chairman for not respecting d FHC decision to wait till Monday n u know d FHC case can drag up to d supreme court. Though I wud v loved Saraki to go to prison cos of his stupendous acquisition of wealth but d brazen manner a comatose CCB suddenly became over-lively shows there is more to this than meets d eyes.

chukwudi44:
Agbakoba: The Code of Conduct Bureau is Not a Superior Court…
Former President of the Nigeria Bar Association, Chief Olisa Agbakoba has said the CCT was wrong to say that it was a court of equal jurisdiction with the Federal High Court.


“There are two kinds of courts in Nigeria, superior and inferior. All the superior courts are defined in Section 6 of the constitution; it does not include the Code of Conduct Bureau, it does not include the National Industrial court,” Agbakoba said.


According to him, “The Code of Conduct Bureau is not a superior court; it is an inferior court and because it is an inferior court, it is amenable to the judicial review jurisdiction of a superior court of record like the Federal High Court.”


The Federal High Court, he said had power to review the judicial work of the Code of Conduct Bureau because it is an inferior court.
Also reacting, Ebun Adegboruwa described the Tribunal’s action as an assault on rule of law. “What the Code of Conduct Tribunal did in spite of the order of the High Court amounts to judicial abuse of the due process of the rule of law and amounts to judicial rascality on the part of the serving judge of Code of Conduct Tribunal.”


Adegboruwa said the Tribunal was under the supervisory jurisdiction of the High Court, adding that the option left for the Tribunal was to approach the court that gave the order to either challenge it or vacate it.


He said, “It will amount to total anarchy for the parties affected by an order to decide whether or not to obey the order. So, to that extent, the bench warrant issued against the Senate President is ultra vires, it has no place in law and cannot be enforced, because if the order of the High Court to the tribunal was not enforced also the bench warrant of the tribunal to the Senate President cannot be enforced. You cannot use wrong to achieve a right

http://www.thisdaylive.com/articles/facing-arrest-saraki-cites-politics-in-ccb-prosecution/220612/

15. (1) There shall be established a tribunal to be known as Code of Conduct Tribunal which shall consist of a
Chairman and two other persons.
(2) The Chairman shall be a person who has held or is qualified to hold office as a Judge of a Court of record
in Nigeria and shall receive such remuneration as may be prescribed by law.
(3) The Chairman and members of the Code of Conduct Tribunal shall be appointed by the President in
accordance with the recommendation of the National Judicial Council.
(4) The National Assembly may by law confer on the Code of Conduct Tribunal such additional powers as
may appear to it to necessary to enable it more effectively to discharge the functions conferred on it in this
Schedule.

chukwudi44:
The CCB should have deferred the arraignment until Saraki's suit is settled!! Besides the CCT chairman ws wrong to assert it was a court of cordinate jurisdiction with the FHC

Abugab:
I known its the same old circus show but expecting a difference this time around as that is the only way we can move as a nation and a people.

naptu2:
[size=14pt]Superior courts of record in Nigeria[/size]

Monday will be a very interesting day.

Let's go back to the basics.


Superior Courts of record refer to all the courts presided over by judges trained in law where there is a duty to record and publish for public access proceedings leading down to a judicial pronouncement. The superior courts of record in Nigeria are listed in section 6(5) of the 1999 constitution.

Inferior courts, on the other hand, may or may not have legal practitioners as presiding officers and are often not obliged to record all proceedings in any matter.




Constitution Of The Federal Republic Of Nigeria (1999).

6. (1) The judicial powers of the Federation shall be vested in the courts to which this section relates, being courts established for the Federation.

(2) The judicial powers of a State shall be vested in the courts to which this section relates, being courts established, subject as provided by this Constitution, for a State.

(3) The courts to which this section relates, established by this Constitution for the Federation and for the States, specified in subsection (5) (a) to (I) of this section, 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.

(4) Nothing in the foregoing provisions of this section shall be construed as precluding:-

(a) the National Assembly or any House of Assembly from establishing courts, other than those to which this section relates, with subordinate jurisdiction to that of a High Court;

(b) the National Assembly or any House of Assembly, which does not require it, from abolishing any court which it has power to establish or which it has brought into being.

(5) This section relates to:-

(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;

(j) such other courts as may be authorised by law to exercise jurisdiction on matters with respect to which the National Assembly may make laws; and

(k) such other court as may be authorised by law to exercise jurisdiction at first instance or on appeal on matters with respect to which a House of Assembly may make laws

http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm


Now that quote above is from the constitution as it was in 1999. It has since been amended and here we are concerned with the 3rd amendment.


The National Industrial Court was originally intended to be a superior court of record, but the framers of both the 1979 and 1999 constitutions did not list the NIC as a court of record. This led to confusion and the National Assembly (in both the 2nd and 4th republics) as well as the Federal Military Government (via the Trade Disputes Decree of 1992) attempted to solve this problem by enacting legislation that conferred the status of a court of record on the NIC.

However, in Bureau of Public Enterprise V. National Union of Electricity Employees (NUEE) (2010) ( http://lawaspire.com.ng/2014/06/national-union-of-electricity-employees-anor-v-bureau-of-public-enterprises/ ), the Supreme Court ruled that parts of the Trade Disputes Act (1992) were in conflict with the constitution and therefore those sections were void. The only way in which the NIC could be made a superior court of record would be by an amendment of the constitution.


The National Assembly quickly began the process of amending the constitution in 2010 and the NIC was thus made a superior court of record by the 3rd amendment to the 1999 constitution (signed by the President on March 4th, 2011). The constitution now reads:


Constitution Of The Federal Republic Of Nigeria 1999 (as amended).

(5)      This section relates to:-

(a)      the Supreme Court of Nigeria;

(B-)      the Court of Appeal;

(c)      the Federal High Court;

(cc)    The National Industrial 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;

http://www.lawnigeria.com/CONSTITUTIONHUB/Constitution.html

(Also remember sections 1(1) and 1(3) of the constitution.

1. (1) This Constitution is supreme and its provisions shall have binding force on the authorities and persons throughout the Federal Republic of Nigeria.

(3) If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void.

)

Note: The Code of Conduct Tribunal is not listed as a superior court of record. The Federal High Court is a superior court of record.

Also note that appeals from court martials and the National Industrial Court (before the constitutional amendment) go to the Appeal Court (see section 240 of the constitution), but that did not make court martials and the National Industrial court superior courts of record.

psucc:
It's like some people are bent on making Buhari's administration a laughing stock.

Since the inauguration of the 8th NASS and subsequent appointment if its leadership, it know no peace and had not been allowed to settle down.

How i wish Buhari will emulate GEJ who pushed a Southwest Speaker but got Northwest one and accepted to work with him.

SeverusSnape:
Me too, I would rather support Saraki here, because this is a clear case of witch hunting obviously, Just because he has fallen out of favour with some people.

wirinet:
Chukwudi, the way you carry this Saraki matter for head pass "be careful" o. Is it because of your love for Saraki or your hatred for Tinubu?

You should have included your source for me to believe Olisa Agbakoba whom i respect very much made those statements.

Even though i am not a lawyer, i am literate enough to know that Code of Conduct Tribunal is not an inferior court. Although it was not listed in the list of superior courts or court of records, it meets all the criteria of a superior court. The main difference between a superior court and and inferior court apart from keeping records is that a superior court is a creation of the constitution, while an inferior court is a creation of an act of the national assembly or state assembly.

Here is the 5th schedule of the Nigerian constitution dealing with the Code of Conduct Tribunal ;
Part 1 section 15


It clearly stated that the chairman must qualified to be a judge of court of records (superior court). It also stated that it members must be appointed using the same criteria as that of a superior court.

I would be very surprised if Agbakoba actually said The code of conduct tribunal is an inferior court. The other lawyer Ebun Adegboruwa is just an attention seeker.

He said, “It will amount to total anarchy for the parties affected by an order to decide whether or not to obey the order. So, to that extent, the bench warrant issued against the Senate President is ultra vires, it has no place in law and cannot be enforced, because if the order of the High Court to the tribunal was not enforced also the bench warrant of the tribunal to the Senate President cannot be enforced. You cannot use wrong to achieve a right