chukwudi44:


All you mofos were saying was " even [size=28pt]if he presents NEPA bill as certificate we will still vote for him[/size]"

Rexology:
You could not hide your hatred for Saraki, hence this post.

chukwudi44:


NgwereUKWU it is almost 24 hours after the CCT order when will Saraki be arrested Lolz

Sheggy13:

There's nothing to like about a celebrated criminal.. is there?

OKeokpa:
Permit me to state that the CCT is not a superior court of record notwithstanding that it is a creation of the 1999 constitution. What is a (Superior) Court of Record?.

A superior court of record
"Superior" refers to the fact that the court is presided
over by judges as opposed to magistrates. A superior
court of record means that all proceedings are
recorded and published, and as such available to the
public, whereas a magistrates court does not record
all proceedings.

montezz:
saraki is paying for his betrayal. he z jux being witch hunted. lets see how it goes sha!

chukwudi44:
Shebi i told you peeps that the illegal order will be vacated on Monday!!The CCB chairman would be charged for contempt of court!!

chukwudi44:
Shebi i told you peeps that the illegal order will be vacated on Monday!!The CCB chairman would be charged for contempt of court!!

Tosinayoko:
who is dis igbo lawyer?

Shine1177:
Superior courts of record in Nigeria

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.

https://www.nairaland.com/822196/it-begins-me/31#38154933

989900:



Obviously, you wish 'j' and 'k' were not part of the constituition.

Firefire:



Your hatred for Tinubu the Chief of Nigeria corruption and the biggest scammer in Africa is second to none in my books.

Let stop supporting corrupt people.

989900:



Obviously, you wish 'j' and 'k' were not part of the constituition.

superstar1:


Best response to his stupidity.

Eziachi:

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

989900:



Obviously, you wish 'j' and 'k' were not part of the constituition.

Shine1177:

Why do you guys throw insult without blinking? Hope you are now? Please learn how to discuss without insult.

Dhugal:

You didn't read Section 6(3) right there,did you?.
Or you read,but couldn't comprehend.

(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 (1) 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.

Dhugal:

You didn't read Section 6(3) right there,did you?.
Or you read,but couldn't comprehend.

(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 (1) 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.

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.

bayooooooo:
Nigerians are adept at creating confusion where is none.

1. It's expressly stated in the constitution that CCT has jurisdiction to try politicians or public servants for these sorts of offences. Therefore, you can't get an order to prevent you from being charged for an offence at CCT. What you can do is raise preliminary objection when charged. You can accuse the judge of being bias and ask him to recuse himself or even challenge the competence of the court to hear your case.

2.Agbakoba is just blowing hot hair. These are the relevant sections of 1999 constitution:

Fifth Schedule Part I section 18, subsection(4):


Section 240 of 1999 constitution:


An appeal from CCT lies to the Court of Appeal, not the High Court of a State or the Federal High Court. This is different from customary court where an appeal can lie to the High court. Since an appeal from both the CCT and the High Court (federal or otherwise) lies to the Court of Appeal, it follows that both CCT and High court are courts of coordinate jurisdiction on the specific issues that pertain to asset declaration. You need Court of Appeal, not High Court, to restrain CCT or overturn its verdict. There is nowhere it is written in the constitution that a High Court can overturn the verdict of CCT. So how can a court order from a high court restrain CCT? It's just like saying an Abuja high court has restrained a Calabar high court from taking a case, it doesn't make sense.

3.The charges against Saraki are weighty and criminal in nature. His actions are those of a man willing to use the courts to delay the wheel of justice. If he is truly innocent, he should submit himself to trial and present evidence to debunk or refute all allegations against him. It just doesn't make sense for him to say he should not be tried. It would make more sense for him to challenge the prosecution to prove its case. The onus is on the prosecution to prove its case, so why is he afraid?

4.Except he is sparkling clean, I don't see how he can come out of this unruffled. Even if he can somehow miraculously prove he owns all the assets legitimately, there is still another dimension of scrutinizing if he paid adequate taxes.

Make we dey observe.

989900:


Really? How do you interprete the below, when you factor in (5) (j) and (k) and the laws that created and binds the CCT?




Then tie in the below:


Note: section 6(5) as a whole/in it's entirety.

(j) and (k) are case specific courts, hence the ambiguity of label/tag name. It does not make them less superior courts as rightly included in (j) and (k), moreover, in this case it satisfies " 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".