How Supreme Court’s verdict affirmed CCT’s powers

by Joseph Jibueze

January 17, 2019

Chief Justice Walter Onnoghen, who is challenging the jurisdiction of the Code of Conduct Tribunal (CCT) to try him for alleged non-declaration of assets, had given judgments affirming the Tribunal’s powers.

In one of the judgments delivered on July 12, 2013, he held that the CCT had exclusive jurisdiction to deal with all violations contravening any of the provisions of the Code of Conduct Bureau.

He also held that the provisions “expressly ousted the powers of ordinary regular courts in respect of such violations.”

Chief Justice Onnoghen’s lawyers are arguing that the charges against him should first be decided by the National Judicial Council (NJC). Can the NJC not be considered an “ordinary regular court” in the circumstance?

The judgment was in a suit numbered SC.279/2012 before Justices Onnoghen, Christopher Mitchell, Chukwuma-Eneh, Olabode Rhodes-Vivour, Clara Bata Ogunbiyi and Kumai Bayang Aka’ahs.

The case was between Ismaeel Ahmed and Alhaji Nasiru Ahmed, Congress for Progressive Change (CPC), CPC Kano State Chapter chairman and the Independent National Electoral Commission (INEC).

Interpreting Paragraph 12 of the Fifth Schedule of the 1999 Constitution (as amended) as regards CCT’s jurisdiction, Justice Onnoghen held: “’…the said paragraph 12 provides as follows: ‘Any allegation that a public officer has committed a breach of or has not complied with the provisions of this Code shall be made to the Code of Conduct Bureau.’

“The foregoing provisions are clearly unambiguous and so construed literally mean that any breaches of any provisions of the said 5th schedule or matters of noncompliance with any provisions of the Code shall, (meaning that it is mandatory i.e. must) be made to the Code of Conduct Bureau that has established its Tribunal with the exclusive jurisdiction to deal with any violations of any provisions under the Code.

“If I may emphasise, any violations shall be made to Code of Conduct Bureau. The provisions have made it mandatory to take any matters so covered by the 5th schedule (supra) to the Code of Conduct Bureau and not to any ordinary regular Courts as has been done in this instance.

“If I may repeat, the Code of Conduct Tribunal has been established with the exclusive jurisdiction to deal with all violations contravening any of the provisions of the Code as per paragraph 15(1). This provision has expressly ousted the powers of ordinary regular courts in respect of such violations.

“The Tribunal to the exclusion of other courts is also empowered to impose any punishments as specified under sub-paragraphs (2) (a), (b) & (c) of paragraph 18 as provided in sub-paragraphs 3 and 4 of paragraph 18 while appeals shall lie as of right from such decisions to the Court of Appeal.

“Simply put, to tackle any violation of the Code starts before the Code of Conduct Bureau Tribunal to the Court below on appeal and on a further appeal therefrom to this Court.

Read also: CCT trial: Fed Govt freezes Onnoghen’s five accounts
“As can be seen, the lower Court exercises appellate jurisdiction over the Code of Conduct Tribunal and no more.”



In his contributory judgment in Ahmed V. Ahmed & Ors (2013) Lpelr-21143(SC), Justice Onnoghen said regarding breach of public conduct: “It is the contention of the cross appellants that the initiation of the appeal process etc by M.K. Dabo esq is in violation of the Paragraphs of the 5th Schedule thereby rendering the actions so taken and the processes null and void.

“The real important question to ask at this stage is, what is the consequence of the violation of the aforesaid paragraphs of the 5th Schedule to the 1999 Constitution?

“The answer to the above question is to be found in Paragraph 12 of the said Part 1 of the 5th Schedule which enacts as follows: -‘Any allegation that a public officer has committed a breach of provisions of this code shall be made to the Code of Conduct Bureau.’

“It is my considered view that the above provision is very clear and unambiguous. It provides a remedy in the event of any alleged breach of the provisions. The remedy lies with the Code of Conduct Bureau which has been clothed with the requisite jurisdiction to handle such matters.”

http://thenationonlineng.net/supreme-courts-verdict-affirmed-ccts-powers/

Were Ismail Ahmed and Nasiru Ahmed judicial officers? Did they need to be investigated by the NJC too?

If this man resign, you will just hear that the new cjn is Muhammad Issa from Katsina state..

2019 election don n dusted..

Hellrofai has already side he should resign.. Na small small them they start am..

This man case is not clear,I guess this is politically influenced

Wen zonBs try to defend rubbish incompetence dey begin to reveal their stupidity in all its glory... The national Judicial Council isn't an ordinary court neither is d code of conduct one.. Every respected legal practitioner and legal practitioner have come out to advice d govt to do d right thing but zonBs are on autopilot to support and defend dis govt's continuous abuse of power and blatant misinterpretation of d laws of d land

PaChukwudi44:
Were Ismail Ahmed and Nasiru Ahmed judicial officers? Did they need to be investigated by the NJC too?

The questions we should be asking are:

1) Are judges consider as public officers?

2) Are the allegations true or false?

In saner climes, this cjn would have resigned already.

Lot13:
The questions we should be asking are:

1) Are judges consider as public officers?

2) Are the allegations true or false?

In saner climes, this cjn would have resigned already.

No his not going to resign. If u like u n ur fellow bigots can keep interpreting d law upside down.

How is a Breach of Code of conduct a judicial misconduct? NJC is responsible for investigating Judicial misconduct not breach of code of conduct or criminal cases.

Thanks for This Piece.

My Question is, Who has The Locu Standi to report Cases of Corruption and abuse of its provisions to CCB?

Can I, as a private citizen report, Buhari, Saraki, Dogara and Onnoghen to CCB? Or must it be made by an institution from any of the 3 Tiers of Government?

In relation to the Separation of Powers Principle, how do we apply this reporting procedure without witchhunting, violating and abusing the independence of the Three Tiers of Government?

How is failure to report a Gift of anything in your Assets, Corruption?

asfrank:
How is a Breach of Code of conduct a judicial misconduct? NJC is responsible for investigating Judicial misconduct not breach of code of conduct or criminal cases.

na una sabi


bring one million evidence. Walter will not resign
he won't even go to court