Human rights lawyer, Mr. Femi Falana (SAN), noted that the two chambers of the National Assembly had passed the bill to modernise the nation’s criminal justice system.

“In particular, the law has abolished stay of proceedings and interlocutory appeals by merging all preliminary objections with the substantive case in any criminal case instituted in a federal court in the country.

The revolutionary intervention of the law was occasioned by the unending trial of politically-exposed persons in corruption cases,” Falana said in a statement on Sunday.

Falana, among other cases, cited the trial of Mohammed Abacha against the Federal Government, which was stalled for 12 years “on account of the preliminary objections raised and argued from the high court to the apex court by the defence counsel, Mr. J. B. Daudu SAN.”

The senior advocate added, “At the end of the ‘Israelite’s journey’, the Supreme Court ordered that the trial be commenced de novo at the federal capital territory high court. Having been completely frustrated in the circumstance, the Federal Government was compelled to discontinue Mr. Abacha’s corruption charge involving the theft of N664bn under the pretext that the case would be ‘amicably’ resolved!”

He equally cited the case of Major Hamza Mustapha, a former Chief Security Officer to the late military dictator, Gen. Sani Abacha, who was arraigned by the Lagos State Government for the murder of Alhaja Kudirat Abiola, the wife of the acclaimed winner of the June 12, 1993 presidential election, Chief Moshood Abiola.

He argued that lawyers for the accused also employed stay of proceedings to push the case for the lower court to the apex court, ensuring that the case was not concluded until after 13 years “on account of several preliminary objections and interlocutory appeals”.

Falana argued that granting the stay of proceedings in Saraki’s trial at the CCT by the Supreme Court on Thursday last week, had become illegal and had turned back the hand of the clock with the enactment of the AJCA by the Seventh Senate.

He said, “With the enactment of the AJCA, the suspension of criminal cases by all accused persons has been effectively stopped in Nigeria. Therefore, any judge, who orders a stay of proceedings in any criminal trial, does so illegally and is liable to be sanctioned by the National Judicial Council.

“It is unfathomable that the Supreme Court decided to return the country to the status quo ante in a rather brazen and bizarre manner. Given the ouster clause contained in section 306 of the AJCA, the Code of Conduct Tribunal ought not to have delivered its ruling in respect of the preliminary objections filed by Dr. Saraki.

The ruling should have been read together with the judgment after the conclusion of the trial. It was the premature ruling of the Tribunal which led to the filing of an interlocutory appeal in the matter.

“Instead of declining jurisdiction to entertain the interlocutory appeal that has been abolished by the AJCA, the Court of Appeal ordered a suspension of the trial at the Code of Conduct Tribunal to await its decision. Although the Court of Appeal eventually dismissed the appeal, the trial of the substantive case at the CCT has been further halted by the Supreme Court, which has granted another stay of proceedings pending the hearing of the interlocutory appeal filed before it by the accused person.

“However, it is sad to note that in granting the order of stay of proceedings in the case, the apex court ignored the provisions of sections 306 and 396 of the Administration of Criminal Justice Act, 2015. It was not a case of oversight or lack of knowledge of the existence of the AJCA on the part of the court, but a deliberate judicial decision to turn back the hand of the clock in the ongoing battle against corruption and impunity in the land.

Curiously, some senior lawyers have endorsed the blatant violation of the law in the matter.

“I am disturbed that a progressive lawyer like Emeka Ngige SAN was reported to have justified the illegality of the order of stay of proceedings. No doubt, the prosecution and the defence counsel who are Senior Advocates of Nigeria cannot be exonerated in the mockery of the criminal justice system.”

Falana called for the upturning of the pronouncement of the apex court, warning that if the order was allowed to stay, every other accused person would also apply for a stay of proceedings or interlocutory injunction to frustrate their trials.

Falana added, “Therefore, the controversial ruling of the Supreme Court should not be allowed to stand because of its far-reaching implications and negative impact on the administration of criminal justice in the country. Since the ruling is binding on all other courts in line with the hallowed principle of stare decisis, the Supreme Court should take advantage of the substantive appeal in the Saraki’s case to review its position with a view to confirming the abolition of stay of proceedings by section 306 of the AJCA.

“This clarification should be made as soon as possible in line with the letter and spirit of the AJCA. Otherwise, every accused person will continue to file interlocutory appeals and proceed to ask for a stay of proceedings pending the determination of such appeals.”

He warned the Supreme Court not to dance to the tune of those he called the agents of impunity.

“The apex court is advised to distance itself from the antics of the influential agents of impunity in the legal profession who have resolved to frustrate the trial of corruption cases by filing cumbrous motions and frivolous preliminary objections designed to shield members of the ruling class from prosecution,” he said.

Reacting to Falana’s argument on the Supreme Court ruling, Chief Adegboyega Awomolo (SAN), said in “case law principles,” the Supreme Court decision would have been in order.

“But in the case of the Administration of Criminal Justice Act and particularly with regards to the Practice Direction issued by Honourable Justice Aloma Mukthar, a retired Chief Justice of Nigeria 2014, it is obligatory that cases of corruption should not be suspended or stayed. That is the only difference; because it is a very dangerous precedence that the Supreme Court has laid down. I want to believe that they have other evidence or facts on record which would have justified their interference at this stage.

“But having regard to the various decisions on the amount of danger that stay of proceedings has brought to corruption cases in Nigeria and having regard to the mood of the nation regarding corruption, I believe it is a very dangerous precedence. And it would be latched on by so many corruption cases that will be coming forth.

“I would have preferred that the Supreme Court allowed the trial to go to conclusion because the law has provided that all preliminary objections shall be taken and decided together in the judgment of the court. For me, I would have preferred the provision of the Practice Direction which says criminal cases should be given prime importance.

“Yes the appellant has raised a lot of issues of impertinence by the lower court but the ACJA supports the tribunal, that all preliminary objections can be taken together with the judgment of the court. In other words, there ought not to be any interruption. We have seen how the judiciary has come under the hammer; how the whole world has said that the judiciary is the one protecting corrupt public officers, particularly the politically-exposed persons. This case is one of those cases that the tribunal has taken on and they ought to have allowed it to go on.”

In his own comment, Mr. Kunle Ogunba (SAN), said though he did not have the full facts of the case before the Supreme Court, he argued that the apex court should have allowed Saraki’s trial to proceed.

He was also of the view that others might want to take the advantage of the Supreme Court decision in upcoming criminal cases.

“Justice must not only be done but must be seen to have been done. When we look at it, we lawyers can understand the position of the Supreme Court but people outside might be crying foul. And I quite agree with Mr. Falana (SAN) in view of the antecedent of criminal trials in the country. You can appeal at the end of the whole case,|” Ogunba said.

The Supreme Court had on November 12 ordered a stay of proceedings of the trial of Saraki before the Code of Conduct Tribunal on 13 counts of false asset declaration.

The order of the Justice John Fabiyi-led five-man panel of the apex court followed a concession given by the Federal Government’s counsel, Mr. Rotimi Jacobs (SAN), for the proceedings of the tribunal to be halted if Saraki’s main appeal would be given an accelerated hearing.

It came after Saraki’s lead counsel, Mr. Joseph Daudu (SAN), had argued his client’s motion for stay of the CCT’s proceedings and while Jacobs was making his counter-submissions.

In a unanimous decision read by Justice Fabiyi, the apex court ordered the tribunal, which had fixed November 19 for the commencement of Saraki’s trial “to tarry awhile” pending the hearing and determination of the Senate President’s appeal.

The apex court ordered Jacobs to file his respondents’ brief in response to Saraki’s appellant’s brief served on him in court on November 12 within seven days.



www.punchng.com/saraki-sans-disagree-with-scourt-on-trial-stoppage/

what nest

Saraki Must Go By Fire By Force.

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bewla:
what NEST

Birds' eggs

Interesting ...

When will they try Amaechi?...

When all the dissenting SANS are from the same tribe, and possibly same political party, you'll understand why they are called SANS looking for jobs in Buhari government

Judge only bid the wish of the rich. Imagine judge disobeying the law to shield their interest

Confused laws in a confused land

lorbah001:
[color=#006600][/color]

Birds' eggs

he to early now for this kind dreamer

Una see how dem de take distribute our money, abi?
Saraki don chop billions...
Im give Dauda small say "defend me"
Court de drag the case so that them go chop too...
Now, Rotimi com slack (or cool down) make im share reach am...
...& the wahala goes on!!! Who de lose, Kwarans!!!

madridguy:
Saraki Must Go By Fire By Force.

Mumu go commot am naa!! Falana and co can continue whining anyway!! The trial has been halted and there is nothing they can do about it

naijaking1:
When all the dissenting SANS are from the same tribe, and possibly same political party, you'll understand why they are called SANS looking for jibs in Buhari government

Stop looking with a tribal lens all the time. When you celebrate a wrong judicial decision today because it favours your tribal or political leaning, that same wrong decision may come back and hurt you tomorrow.


Falana's argument that,”inherent powers of the court only come into play in the absence of express statutory provisions and the court then fills in the gap by invoking its inherent powers to do justice in a given case" can even be argued by Lawyers handling PDP/Gov. Ishiaku's case before the court of appeal to get a rerun of the election instead of declaring Mama Taraba the winner.

We must always support the judiciary to get it right all the time irrespective of our political leanings.

naijaking1:
When all the dissenting SANS are from the same tribe, and possibly same political party, you'll understand why they are called SANS looking for jibs in Buhari government

Don't mind those hungry idiots!! Not even one of them are yet to condemn Buhari for flouting courts orders ordering Dasuki to travel and Nnamdi Kanu to be released on bail!! Imagine someone like Falana who made his name in human right activism been mute to such fragrant disregard of court orders.

Oh boy this Falana is good.


The guy above me is bitter.

Paa Sunkundi the biggest Abobaku of Criminals. You sleep well @ all ?

chukwudi44:


Mumu go commot am naa!! Falana and co can continue whining anyway!! The trial has been halted and there is nothing they can do about it

palladin:
Oh boy this Falana is good.


The guy above me is bitter.

Falana is a greedy hypocrite!! Let him go and die the supreme court's judgement is final!!!

chukwudi44:


Don't mind those hungry idiots!! Not even one of them are yet to condemn Buhari for flouting courts orders ordering Dasuki to travel and Nnamdi Kanu to be released on bail!! Imagine someone like Falana who made his name in human right activism been mute to such fragrant disregard of court orders.

Human right Lawyers from south east such as Olisa Agbakoba, Chidi odinkalu and co should take up Nnamdi Kanu's case. It is very unfair to blame Falana when Kanu's brothers are silent on his case.

Paa Chukwudi, as an elderly state man I think you should mind the way you conduct yourself on public forum sir. Court ask the FG to return back Dasuki Passport there is no verdict that says allow him to travel and also Nnamdi Kunu his yet to get level 16 civil servant that will bail him out. I stand to be corrected PA.

chukwudi44:


Don't mind those hungry idiots!! Not even one of them are yet to condemn Buhari for flouting courts orders ordering Dasuki to travel and Nnamdi Kanu to be released on bail!! Imagine someone like Falana who made his name in human right activism been mute to such fragrant disregard of court orders.

seunmsg:


Stop looking with a tribal lens all the time. When you celebrate a wrong judicial decision today because it favours your tribal or political leaning, that same wrong decision may come back and hurt you tomorrow.


Falana's argument that,”inherent powers of the court only come into play in the absence of express statutory provisions and the court then fills in the gap by invoking its inherent powers to do justice in a given case" can even be argued by Lawyers handling PDP/Gov. Ishiaku's case before the court of appeal to get a rerun of the election instead of declaring Mama Taraba the winner.

We must always support the judiciary to get it right all the time irrespective of our political leanings.

Sounds very idealistic!
What do you call it when Taraba governorship election was awarded to the petitioner on the same basis with which the petitioners in Benue and Imo state lost!
Why do you guys appeal for calm whenever these courts produce APC favorable rulings, and then threaten fire and brim stone whenever the reverse is the case?
Buhari's body language is affecting the judiciary in avery partisan manner, and it's not going to be long before the average Nigerian losses hope in the courts. Unlike GEJ, Buhari and his henchmen are bent on "winning" Rivers, Akwa Ibom, and Taraba using the courts, and you know it.

chukwudi44:


Mumu go commot am naa!! Falana and co can continue whining anyway!! The trial has been halted and there is nothing they can do about it

Your types are they ones missing the PDP's era of impunity most where laws were turned upside down with nothing working.

To completely eradicate corruption in this country requires the grace of God. I don't believe that the Supreme Court Judge does not know that the constitutional laws against criminality has been review, it's still the influence of ghana-must-go sac that made the Judge to close his eyes against the reviewed line of the law. May God help us in this country.


Well, the kingdom suffers violence but it will require the violent to overcome the storm. Hope on Sai Gaskiyah

naijaking1:


Sounds very idealistic!
What do you call it when Taraba governorship election was awarded to the petitioner on the same basis with which the petitioners in Benue and Imo state lost!
Why do you guys appeal for calm whenever these courts produce APC favorable rulings, and then threaten fire and brim stone whenever the reverse is the case?
Buhari's body language is affecting the judiciary in avery partisan manner, and it's not going to be long before the average Nigerian losses hope in the courts. Unlike GEJ, Buhari and his henchmen are bent on "winning" Rivers, Akwa Ibom, and Taraba using the courts, and you know it.

The problem is, you really don't believe that our courts can make big decisions without the influence of political office holders. Truth be told, we have so many judges who don't dance to politicians tune. Politicians only disparage them when the court decisions are not in their favour.

Come to think of it, do you in all honesty believe that the supreme court would have halted the trial of Saraki if PMB had tried to influence them to do otherwise as you are trying to allege?

We should stop allowing the politicians to use us to insult and condemn the judiciary when decisions doesn't favour them.

seems some people don't just get the point raised. No court can go against this Supreme court ruling except when a relevant subject matter gets to it and they uplift the ruling.
If PMB should commit a criminal act while in office and was not prosecuted due to immunity, he uses 8years, that is 80years at the end of his tenure.
A new government comes in and gather the case file to prosecute him after a year of settling down, all he needs to do is to drag the case from the high court to the supreme court, God help him to have a CJN that leans toward him, the supreme court will just stand by its(this) decision, a arm robbery suspect will also use this, so who do we blame then.
Just because we are not in support of the government doesn't mean we shouldn't the right part of our senses.

na them know jare not my biz