Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac - Politics

Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac - Politics - Nairaland

Nairaland Forum › Nairaland General › Politics › Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac (2475 Views)

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Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac by adadadon(op): 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.

https://www.mustardpressng.com/wp-content/uploads/2015/09/wpid-bukola-saraki.jpg

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/

Re: Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac by adadadon(op): 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

Re: Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac by dokunbam(m): 12:38am On Sep 20, 2015

Nawa oo
Am trying to understand, My own is let the law of the land prevail
Say no to corruption

1 Like

Re: Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac by ayokunlei(m): 12:42am On Sep 20, 2015

Re: Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac by DebateNigeria: 12:45am On Sep 20, 2015

This Saraki issue though. I am indifferent. The rule of law and justice should prevail.

1 Like

Re: Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac by tomakint: 12:56am On Sep 20, 2015

The Law of the land is quite ambiguous, I am of the candid opinion that if this same CCB cum CCT can summon Tinubu (which he honoured and was docked) to come and clear his name which he successfully did, I wondered why Saraki, a serving Senate President should be running from pillar to post when confronted with the same oportunity to clear his name undecided

Truly, Saraki likes drama and he shall get it plenty cool

7 Likes

Re: Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac by nabiz(m): 1:13am On Sep 20, 2015

This is a practical low school. Hw I wsh I studied law

1 Like

Re: Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac by ibedun: 1:23am On Sep 20, 2015

tomakint:
The Law of the land is quite ambiguous, I am of the candid opinion that if this same CCB cum CCT can summon Tinubu (which he honoured and was docked) to come and clear his name which he successfully did, I wondered why Saraki, a serving Senate President should be running from pillar to post when confronted with the same oportunity to clear his name Truly, Saraki likes drama and he shall get it plenty 8)

thank you sir

1 Like

Re: Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac by TRUTHTOPOWER: 4:01am On Sep 20, 2015*

The article is nothing but half truth. the test of superiority is not done by itemization of superior court but by the power conferred on the court.

CCT (unlike all inferior courts such as magistrate court) has the power to have its matter determined directly by the court of appeal. it has power to convict for contempt howsoever occurring.

"such other courts" is different from "every other court" and by rule of interpretation "ejusdem generis" you can only include courts with cognate powers under S6CFRN.

CCT cannot submit to the jurisdiction of FHC but CCB can. the reason is that appeal from CCT goes to court of Appeal. and CCT is a creation of the Constitution. 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. The only way to challenge the jurisdiction of a court is to start from the court itself.

Any enactment that purports to limit the power of AGF officers as conferred on them by s174(2) CFRN is null and void. this is because the constitution is supreme.

A honest writer must ask himself why does the the constitution make appeal from CCT to Court of Appeal if a high court has power ab initio to supervise CCT?

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Re: Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac by KUNZEH(m): 4:10am On Sep 20, 2015

TRUTHTOPOWER:
The article is nothing but half truth. the test of superioty is not done by itemization of superior court but by the power conferred on the court.

CCT (unlike all inferior courts such as magistrate court) has the power to have its matter determined directly by the court of appeal. it has power to convict for contempt howsoever occurring.

"such other courts" is different from "every other court" and by rule of interpretation "ejusdem generis" you can only include courts with cognate powers under S6CFRN.

CCT cannot submit to the jurisdiction of FHC but CCB can. the reason is that appeal from CCT goes to court of Appeal. and CCT is a creation of the Constitution. 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. The only way to challenge the jurisdiction of a court is to start from the court itself.

Any enactment that purports to limit the power of AGF officers as conferred on them by s174(2) CFRN is null and void. this is because the constitution is supreme.

A honest writer must ask himself why does the the constitution make appeal from CCT to Court of Appeal if a high court has power ab initio to supervise CCT?

wagbayi

TRUTHTOPOWER:
The article is nothing but half truth. the test of superioty is not done by itemization of superior court but by the power conferred on the court.

CCT (unlike all inferior courts such as magistrate court) has the power to have its matter determined directly by the court of appeal. it has power to convict for contempt howsoever occurring.

"such other courts" is different from "every other court" and by rule of interpretation "ejusdem generis" you can only include courts with cognate powers under S6CFRN.

CCT cannot submit to the jurisdiction of FHC but CCB can. the reason is that appeal from CCT goes to court of Appeal. and CCT is a creation of the Constitution. 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. The only way to challenge the jurisdiction of a court is to start from the court itself.

Any enactment that purports to limit the power of AGF officers as conferred on them by s174(2) CFRN is null and void. this is because the constitution is supreme.

A honest writer must ask himself why does the the constitution make appeal from CCT to Court of Appeal if a high court has power ab initio to supervise CCT?

wagbayi

TRUTHTOPOWER:
The article is nothing but half truth. the test of superioty is not done by itemization of superior court but by the power conferred on the court.

CCT (unlike all inferior courts such as magistrate court) has the power to have its matter determined directly by the court of appeal. it has power to convict for contempt howsoever occurring.

"such other courts" is different from "every other court" and by rule of interpretation "ejusdem generis" you can only include courts with cognate powers under S6CFRN.

CCT cannot submit to the jurisdiction of FHC but CCB can. the reason is that appeal from CCT goes to court of Appeal. and CCT is a creation of the Constitution. 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. The only way to challenge the jurisdiction of a court is to start from the court itself.

Any enactment that purports to limit the power of AGF officers as conferred on them by s174(2) CFRN is null and void. this is because the constitution is supreme.

A honest writer must ask himself why does the the constitution make appeal from CCT to Court of Appeal if a high court has power ab initio to supervise CCT?

wagbayi

2 Likes

Re: Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac by DONSMITH123(m): 4:29am On Sep 20, 2015

TRUTHTOPOWER:
The article is nothing but half truth. the test of superioty is not done by itemization of superior court but by the power conferred on the court.

CCT (unlike all inferior courts such as magistrate court) has the power to have its matter determined directly by the court of appeal. it has power to convict for contempt howsoever occurring.

"such other courts" is different from "every other court" and by rule of interpretation "ejusdem generis" you can only include courts with cognate powers under S6CFRN.

CCT cannot submit to the jurisdiction of FHC but CCB can. the reason is that appeal from CCT goes to court of Appeal. and CCT is a creation of the Constitution. 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. The only way to challenge the jurisdiction of a court is to start from the court itself.

Any enactment that purports to limit the power of AGF officers as conferred on them by s174(2) CFRN is null and void. this is because the constitution is supreme.

A honest writer must ask himself why does the the constitution make appeal from CCT to Court of Appeal if a high court has power ab initio to supervise CCT?

May your tea never lack milk my brother. You nailed it. Saraki love dancing naked all the time, and he is really getting the sound of the trumpet now. Let's see how he survive this.

3 Likes

Re: Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac by adadadon(op): 6:18am On Sep 20, 2015

Surprisingly the best analysis I have seen so far
Cc chukwudi44 tonyebarcanista

1 Like

Re: Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac by TonyeBarcanista(m): 6:25am On Sep 20, 2015

Truthtopower has rested this article in peace. This is an overflogged subject and is becoming boring.

1 Like 1 Share

Re: Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac by OlaBlaize(m): 6:31am On Sep 20, 2015

TRUTHTOPOWER:
The article is nothing but half truth. the test of superioty is not done by itemization of superior court but by the power conferred on the court.

CCT (unlike all inferior courts such as magistrate court) has the power to have its matter determined directly by the court of appeal. it has power to convict for contempt howsoever occurring.

"such other courts" is different from "every other court" and by rule of interpretation "ejusdem generis" you can only include courts with cognate powers under S6CFRN.

CCT cannot submit to the jurisdiction of FHC but CCB can. the reason is that appeal from CCT goes to court of Appeal. and CCT is a creation of the Constitution. 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. The only way to challenge the jurisdiction of a court is to start from the court itself.

Any enactment that purports to limit the power of AGF officers as conferred on them by s174(2) CFRN is null and void. this is because the constitution is supreme.

A honest writer must ask himself why does the the constitution make appeal from CCT to Court of Appeal if a high court has power ab initio to supervise CCT?

Judgements of the CCT, just like that of Court Martial can only be taking to the court of appeal but their process is subject to Judicial review of the Federal High Court. Take a look at the case of the dismissed soldiers who fought in the North East, they went to the FHC to stop the court martial proceedings, citing a breach of their fundamental right of fair hearing

Re: Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac by Demmocrats(m): 6:32am On Sep 20, 2015

Re: Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac by OPCNAIRALAND: 6:52am On Sep 20, 2015

TonyeBarcanista:
Truthtopower has rested this article in peace. This is an overflogged subject and is becoming boring.

No amount of retorts to a political topic of this magnitude can be boring, no matter how far out it is stretched.

If fact based counter inputs exist we should hear it.

2 Likes

Re: Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac by TRUTHTOPOWER: 7:36am On Sep 20, 2015

OlaBlaize:
Judgements of the CCT, just like that of Court Martial can only be taking to the court of appeal but their process is subject to Judicial review of the Federal High Court. Take a look at the case of the dismissed soldiers who fought in the North East, they went to the FHC to stop the court martial proceedings, citing a breach of their fundamental right of fair hearing

nothing prevents a litigant in a high court to approach another high court on threat to his FHR by the first court. but then the court of appeal is there as the appellate court. the decision of Courts of coordinate jurisdiction have only persuasive authority. ask your self can the authority of FHC bind an election tribunal or CCT. the composition of martial courts is different from CCT. the former is constituted by soldiers whilst the latter is constituted by a retired judge or someone qualified to be a judge. the process has the input of national judicial council because CCT is a judicial organ. court martial are constituted by the military hierarchy.

we can only give legal opinions here. the law as it is today is that which CCT pronounced about itself as a superior court with coordinate jurisdiction. if you feel it is wrong, nothing can be done except by appeal to court of appeal

1 Like

Re: Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac by BALLOSKI: 7:48am On Sep 20, 2015

TRUTHTOPOWER:
The article is nothing but half truth. the test of superioty is not done by itemization of superior court but by the power conferred on the court.

CCT (unlike all inferior courts such as magistrate court) has the power to have its matter determined directly by the court of appeal. it has power to convict for contempt howsoever occurring.

"such other courts" is different from "every other court" and by rule of interpretation "ejusdem generis" you can only include courts with cognate powers under S6CFRN.

CCT cannot submit to the jurisdiction of FHC but CCB can. the reason is that appeal from CCT goes to court of Appeal. and CCT is a creation of the Constitution. 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. The only way to challenge the jurisdiction of a court is to start from the court itself.

Any enactment that purports to limit the power of AGF officers as conferred on them by s174(2) CFRN is null and void. this is because the constitution is supreme.

A honest writer must ask himself why does the the constitution make appeal from CCT to Court of Appeal if a high court has power ab initio to supervise CCT?

powerful!!!

1 Like

Re: Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac by hinwazaka: 10:00am On Sep 20, 2015

The CCT is subject to the dictates of the SUPREME COURT which is the highest court in the nation. There is no way that the CCT is at par with the supreme court. The fact that there is no attorney general as we speak, makes this case a mockery. The ministry may have the authority to handle all manners of judicial matters without the AGF, but a case as precarious as this would need the expertise and brilliance of an experienced learned individual not just junior lawyers and clerks.
Many have asked why I am supposedly holding brief for Saraki. Well, I am not, I am only looking out for the interest and progress of this country. I have never been a fan of any politician outside my own region. I don't trust them and personally, I don't like them. But in Saraki's case, I will make an exception. Saraki, despite his many flaws, is the best we have right now. He strikes me as one who, under the right guidance can move this nation one square meter ahead. It is high time we stop looking for puritans and heroes. We should be looking for seasoned politicians who understand how to play politics, not FOOLS, who know only how to drum up emotional madness. Saraki has shown, beyond reasonable doubt that he is the bridge between the old war horses and the new tigers. And for this, he gets my vote. He is selfish, given , he is even a thief, that's a unanimous fact. But he is dogged, and that is what we should be looking for. Also, the PDP have a hold on him, and if he dares, try anything funny, they will bury him. Just like the ex-president, Saraki has shown that he is ready to listen to the wise men of the PDP and so deserves a chance.
SARAKI IS THE FUTURE.

Re: Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac by Almaiga: 11:16am On Sep 20, 2015

hinwazaka:
The CCT is subject to the dictates of the SUPREME COURT which is the highest court in the nation. There is no way that the CCT is at par with the supreme court. The fact that there is no attorney general as we speak, makes this case a mockery. The ministry may have the authority to handle all manners of judicial matters without the AGF, but a case as precarious as this would need the expertise and brilliance of an experienced learned individual not just junior lawyers and clerks.
Many have asked why I am supposedly holding brief for Saraki. Well, I am not, I am only looking out for the interest and progress of this country. I have never been a fan of any politician outside my own region. I don't trust them and personally, I don't like them. But in Saraki's case, I will make an exception. Saraki, despite his many flaws, is the best we have right now. He strikes me as one who, under the right guidance can move this nation one square meter ahead. It is high time we stop looking for puritans and heroes. We should be looking for seasoned politicians who understand how to play politics, not FOOLS, who know only how to drum up emotional madness. Saraki has shown, beyond reasonable doubt that he is the bridge between the old war horses and the new tigers. And for this, he gets my vote. He is selfish, given , he is even a thief, that's a unanimous fact. But he is dogged, and that is what we should be looking for. Also, the PDP have a hold on him, and if he dares, try anything funny, they will bury him. Just like the ex-president, Saraki has shown that he is ready to listen to the wise men of the PDP and so deserves a chance.
SARAKI IS THE FUTURE.

Bullsh**t so his crime should be ignored abi. How much did he pay you.

3 Likes

Re: Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac by hinwazaka: 11:29am On Sep 20, 2015

Almaiga:
Bullsh**t so his crime should be ignored abi. How much did he pay you.

Go and try him for the crimes, if you know you were born with two heads. Rubbish.

Re: Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac by Almaiga: 12:26pm On Sep 20, 2015

hinwazaka:
Go and try him for the crimes, if you know you were born with two heads. Rubbish.

Saraki is a goner quote me before this week runs out.

Re: Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac by Tomiishola: 12:31pm On Sep 20, 2015

hinwazaka:
The CCT is subject to the dictates of the SUPREME COURT which is the highest court in the nation. There is no way that the CCT is at par with the supreme court. The fact that there is no attorney general as we speak, makes this case a mockery. The ministry may have the authority to handle all manners of judicial matters without the AGF, but a case as precarious as this would need the expertise and brilliance of an experienced learned individual not just junior lawyers and clerks.
Many have asked why I am supposedly holding brief for Saraki. Well, I am not, I am only looking out for the interest and progress of this country. I have never been a fan of any politician outside my own region. I don't trust them and personally, I don't like them. But in Saraki's case, I will make an exception. Saraki, despite his many flaws, is the best we have right now. He strikes me as one who, under the right guidance can move this nation one square meter ahead. It is high time we stop looking for puritans and heroes. We should be looking for seasoned politicians who understand how to play politics, not FOOLS, who know only how to drum up emotional madness. Saraki has shown, beyond reasonable doubt that he is the bridge between the old war horses and the new tigers. And for this, he gets my vote. He is selfish, given , he is even a thief, that's a unanimous fact. But he is dogged, and that is what we should be looking for. Also, the PDP have a hold on him, and if he dares, try anything funny, they will bury him. Just like the ex-president, Saraki has shown that he is ready to listen to the wise men of the PDP and so deserves a chance.
SARAKI IS THE FUTURE.

You've admitted that someone is selfish and a thief and yet you tell us that is the future of Nigeria shocked

I rebuke such.

2 Likes 1 Share

Re: Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac by hinwazaka: 12:50pm On Sep 20, 2015

Tomiishola:
You've admitted that someone is selfish and a thief and yet you tell us that is the future of Nigeria I rebuke such.

Go and look for a preacher in HARLEM

1 Like

Re: Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac by Dhugal: 12:54pm On Sep 20, 2015

TRUTHTOPOWER:
nothing prevents a litigant in a high court to approach another high court on threat to his FHR by the first court. but then the court of appeal is there as the appellate court. the decision of Courts of coordinate jurisdiction have only persuasive authority. ask your self can the authority of FHC bind an election tribunal or CCT. the composition of martial courts is different from CCT. the former is constituted by soldiers whilst the latter is constituted by a retired judge or someone qualified to be a judge. the process has the input of national judicial council because CCT is a judicial organ. court martial are constituted by the military hierarchy.

we can only give legal opinions here. the law as it is today is that which CCT pronounced about itself as a superior court with coordinate jurisdiction. if you feel it is wrong, nothing can be done except by appeal to court of appeal

The Court Martial is a judicial organ and is constituted of qualified jurists,though mainly in military law.Get your facts right.

Election Petition Tribunals,though of ad-hoc nature,were established as courts of record in Chapter VII,Part III of the Constitution.Same Chapter established all the other superior courts of record too and enunciated their various jurisdictions,compositions,powers and functions.The CCT and other inferior courts are conspicuously missing there.
Again,JUDICIAL REVIEW of a legal process does not equate sitting on appeal of judgment emanating from said process.Stop conflating/confusing the two.
The Constitution ousted judicial powers to reverse impeachments,but not the power to review the process.That's why some impeachments have turned a nullity due to irregular processes.

Re: Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac by hinwazaka: 12:54pm On Sep 20, 2015

Almaiga:
Saraki is a goner quote me before this week runs out.

I repeat, if PMB is sure he has two heads, let him try it. But he should know this, he will not return to ASO ROCK with any of his heads.

Re: Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac by 989900: 1:37pm On Sep 20, 2015

Twisted article.

Re: Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac by 989900: 1:41pm On Sep 20, 2015

TRUTHTOPOWER:
The article is nothing but half truth. the test of superiority is not done by itemization of superior court but by the power conferred on the court.

CCT (unlike all inferior courts such as magistrate court) has the power to have its matter determined directly by the court of appeal. it has power to convict for contempt howsoever occurring.

"such other courts" is different from "every other court" and by rule of interpretation "ejusdem generis" you can only include courts with cognate powers under S6CFRN.

CCT cannot submit to the jurisdiction of FHC but CCB can. the reason is that appeal from CCT goes to court of Appeal. and CCT is a creation of the Constitution. 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. The only way to challenge the jurisdiction of a court is to start from the court itself.

Any enactment that purports to limit the power of AGF officers as conferred on them by s174(2) CFRN is null and void. this is because the constitution is supreme.

A honest writer must ask himself why does the the constitution make appeal from CCT to Court of Appeal if a high court has power ab initio to supervise CCT?

Plus the CCT satisfies the requirements of a suprior court:

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

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Re: Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac by TRUTHTOPOWER: 2:09pm On Sep 20, 2015

Dhugal:
The Court Martial is a judicial organ and is constituted of qualified jurists,though mainly in military law.Get your facts right.

Election Petition Tribunals,though of ad-hoc nature,were established as courts of record in Chapter VII,Part III of the Constitution.Same Chapter established all the other superior courts of record too and enunciated their various jurisdictions,compositions,powers and functions.The CCT and other inferior courts are conspicuously missing there.
Again,JUDICIAL REVIEW of a legal process does not equate sitting on appeal of judgment emanating from said process.Stop conflating/confusing the two.
The Constitution ousted judicial powers to reverse impeachments,but not the power to review the process.That's why some impeachments have turned a nullity due to irregular processes.

If you are a lawyer you should no by now that CCT proronouncement as to its character is the law of the land until that pronouncement is overturned by court of appeal on the strength of its appellate jurisdiction under section 246. CFRN You should also know that CCT is a creation of the constitution under 5th schedule. the whole of the 5th schedule is devoted to CCT. impeachment procedure is in conjunction with State CJ. NJC has no role in court martial.
If the constution gives appellate jurisdiction to Court of Appeal can we not settle all issues through appeal?
cite just one law that gives HC the power to control the proceedings of CCT.

In fact I can argue that FHC is superior to CCT but my argument goes to no issue because the only authority we have now is the pronouncement of CCT that it is not subordinate to FHC. to make matters worse FHC cannot overrule CCT. only court of appeal can determine the question because it is the only court with direct appellaye jurisdiction. so what is the point!

Re: Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac by TRUTHTOPOWER: 2:23pm On Sep 20, 2015

OlaBlaize:
Judgements of the CCT, just like that of Court Martial can only be taking to the court of appeal but their process is subject to Judicial review of the Federal High Court. Take a look at the case of the dismissed soldiers who fought in the North East, they went to the FHC to stop the court martial proceedings, citing a breach of their fundamental right of fair hearing

if my FHR is violated manifestly by the supreme court, I can approach FHC for redress. but ultimately my appeal will be determined by Supreme court. Saraki can get redress for FHR but he cannot stop his trial at CCT.

Re: Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac by 989900: 2:29pm On Sep 20, 2015

If the constution gives appellate jurisdiction to Court of Appeal can we not settle all issues through appeal?
cite just one law that gives HC the power to control the proceedings of CCT.

#masterstroke cheesy

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Re: Saraki's Arrest Order, Ccb, Cct, Fhc And The Law By Ibikunle Isaac by 989900: 2:34pm On Sep 20, 2015

hinwazaka:
I repeat, if PMB is sure he has two heads, let him try it. But he should know this, he will not return to ASO ROCK with any of his heads.

Empty e-threat, I bet Bubu is so scared right now

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