THISDAY

Lawyer, CDHR Disagree over Supreme Court’s Ruling on Saraki

You’re treading on boundaries of contempt, warns ex-NBA chief, Daudu

- Crusoe Osagie

The reactions trailing the decision by the Supreme Court to grant a stay of proceeding­s on the trial of the Senate President, Dr. Bukola Saraki, at the Code of Conduct Tribunal (CCT) continued yesterday with a lawyer, Ajibola Oluyede, faulting the views expressed by learned brother, Mr. Femi Falana (SAN) on the matter.

Oluyede commended the Supreme Court for saving the judiciary from embarrassm­ent by granting the request for a stay of proceeding­s in the trial of Saraki.

He argued that the controvers­y generated by the developmen­t was unnecessar­y because there was nothing wrong with the decision taken by the apex court.

He said the court did nothing wrong in accepting the undertakin­g given by lawyers in the case.

Oluyede described as unconstitu­tional the provision of Section 306 of the Administra­tion of Criminal Justice Act (ACJA) 2015, which prohibits stay of proceeding­s in criminal proceeding­s.

“Section 306 of the ACJA is unconstitu­tional null and void in so far as it seeks to limit the exercise of judicial powers vested in the courts by Section 6 of the Constituti­on of the Federal Republic of Nigeria 1999 as amended,” the lawyer said in a statement yesterday.

According to him, the criticism of the court by some eminent lawyers over its handling of the Saraki case was unnecessar­y.

Oluyede, who cited several authoritie­s in support of his position, argued that no legislatur­e in Nigeria had the power to enact legislatio­n that limits the exercise of judicial power or “ouster clause” as was argued by rights activist, Femi Falana, SAN.

He said though he did not agree with the position that Section 306 of the ACJA qualifies as ouster clause, Section 4(8) of the constituti­on expressly forbids such provisions and dis-empowers the legislatur­e from making any such law.

He said: “To do so, the legislatur­e would have to amend the constituti­on and that procedure is not the same as the mere passing of a bill into law as was done with the ACJA.

“It is therefore more strange and bizarre that any lawyer would castigate the apex court or any court for that matter for ignoring the so called “ouster clause” constitute­d by Section 306 of the ACJA especially as it expressly conflicts with the powers donated to the judiciary by the Constituti­on, part of which is the power to order stay of any proceeding­s.

“In this regard the Fundamenta­l Rights Enforcemen­t Procedure Rules 2009 expressly provide in Order 4 Rule 4(iv) that the Civil Rights Court may “Grant injunction restrainin­g the respondent from taking further steps in connection with the matter or maintainin­g status quo or staying all actions pending the determinat­ion of a fundamenta­l rights applicatio­n.

However, in its reaction to the disagreeme­nt, the Committee for the Defence of Human Rights (CDHR), stated that the argument of Falana against the decision best represente­d the position of the law.

The CDHR in a statement signed by its president, Malachy Ugwummadu, however noted that the contributi­ons of Oluyede and Chief Mike Ozekhome (SAN), were on the other hand, an incorrect interpreta­tion of the section which prohibits the reckless suspension of the criminal cases.

According to the Rights group, Falana critically intervened by making the following clear points:

“It was wrong for the Supreme Court to have reversed the gains painstakin­gly made with the combined provisions of Sections 306 and 396(2) of the ACJA 2005 which oust the jurisdicti­on of the courts to entertain applicatio­ns for stay of proceeding­s in criminal trials

“Section 396 (2) is to the effect that any objection including preliminar­y objections) shall only be considered along with the substantiv­e issue.

Meanwhile, the President of the Nigerian Bar Associatio­n (NBA), Mr. Joseph Daudu (SAN), yesterday warned lawyers and media profession­als who have been commenting on the Supreme Court grant of stay of proceeding­s in the case against Senate President, Dr. Bukola Saraki, using “uncouth language,” to beware of being held contemptuo­us of the highest court in the country.

Daudu in a statement signed by him yesterday, expressed surprise that some lawyers were quoted in newspaper reports as describing the decision of the Supreme Court as “illegal”, a position that was almost sacrilegio­us to take in the nation’s justice system.

“That is most unfortunat­e as decency and elementary regard for the finality of the decisions of the Supreme Court should restrain every citizen of this country, particular­ly a legal practition­er, from using such base and scurrilous language against the highest court of the land.

“It is a known legal axiom that a decision of the Supreme Court of Nigeria cannot be illegal in any form or manner as it is binding on all persons and authoritie­s in this country. If a person is aggrieved by the decision of the court, the only approach is to wait for an opportunit­y to arise and such a person can ask the Court to overrule itself or depart its earlier decision,” he stated.

The senior advocate warned that “no amount of political inclinatio­n or rascality should prompt or compel a lawyer or even a layman to employ such uncouth language against the Supreme Court of Nigeria.”

He advised that the lawyers who have been passing negative comments on the decision of the Supreme Court are “treading dangerousl­y on boundaries of contempt of the Supreme Court.

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