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Nairaland Forum / Nairaland / General / Politics / The CCB's Ongoing Prosecution of Saraki Is Constitutional (2044 Views)
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The CCB's Ongoing Prosecution of Saraki Is Constitutional by TonyeBarcanista(m): 11:21pm On Sep 18, 2015 |
Some people were wondering whether the FG was wrong/right to okay the prosecution of Senator Saraki before the Code of Conduct Tribunal in the absence of an Attorney General of the Federation/Minister of Justice. Though I explained in the affirmative, but I decided to create a new thread and respond with relevant section of the Constitutuon. According to Section 174(1) of 1999 Constitution (as amended) (1) The Attorney-General of the Federation shall have power (a) to institute and undertake criminal proceedings against any person before any court of law in Nigeria, other than a court- martial, in respect of any offence created by or under any Act of the National Assembly; (b) to take over and continue any such criminal proceedings that may have been instituted by any other authority or person; and (c) to discontinue at any stage before judgement is delivered any such criminal proceedings instituted or undertaken by him or any other authority or person. Looking further to subsection (2) (2) The powers conferred upon the Attorney- General of the Federation under subsection (1) of this section may be exercised by him in person or through officers of his department. From the above Section 174(1) (2), it is clear that while the AGF has the power to institute criminal proceeding, such function can also be exercised by an officer (authorised) in the Ministry of Justice. In the case of Saraki, the FG/CCB has not erred in proceeding with his trial as long as an authorised officer from the Justice Ministry okayed the prosecution. In other words, the FG so far has acted within the ambit of the law in the prosecution of Saraki before the Code of Conduct Tribunal. Please, this piece is for the sake of clarification and not a show of intellectual strength. May God Bless Us All 4 Likes 1 Share |
Re: The CCB's Ongoing Prosecution of Saraki Is Constitutional by Demmocrats(m): 11:22pm On Sep 18, 2015 |
A is for Apple B is for Ball C is for Cat .. ... .... W is for Wailing Wailers 8 Likes 1 Share |
Re: The CCB's Ongoing Prosecution of Saraki Is Constitutional by mormoni(m): 11:25pm On Sep 18, 2015 |
Shut up barcanista U dnt knw nothing 5 Likes 1 Share |
Re: The CCB's Ongoing Prosecution of Saraki Is Constitutional by tucky200(m): 11:25pm On Sep 18, 2015 |
TonyeBarcanista:U have spoken well bro, come and join me
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Re: The CCB's Ongoing Prosecution of Saraki Is Constitutional by Ola17: 11:25pm On Sep 18, 2015 |
Noted. Let me see how Saraki will extricate his accursed thieving fingers from this TonyeBarcanista: I guess the guy harbors deep resentment against your person. Was shocked with his outburst. |
Re: The CCB's Ongoing Prosecution of Saraki Is Constitutional by TonyeBarcanista(m): 11:27pm On Sep 18, 2015 |
CUM4WHAT:You sabi read so? Mizmycoli, Tomakint 4 Likes |
Re: The CCB's Ongoing Prosecution of Saraki Is Constitutional by argon500: 11:27pm On Sep 18, 2015 |
Noted.. thanks for the clarification |
Re: The CCB's Ongoing Prosecution of Saraki Is Constitutional by yanabasee(m): 11:28pm On Sep 18, 2015 |
There is no fear at all.... If buhari appoints the AGF before the end of the month as the case had been adjourned for the petitioners to bring forth the attorney general of the federation... Saraki will still walk out free... APC is still very young to understand the true nature of politics as Buhari is ruling this country with the military mentality...Making it difficult for him to wholeheartedly embrace democracy! |
Re: The CCB's Ongoing Prosecution of Saraki Is Constitutional by DONLEKAN: 11:29pm On Sep 18, 2015 |
Sa-ra-ki-ki-ki-ki........Sa-ra-ki-ki-ki-ki........Sa-ra-ki-ki-ki-ki........Sa-ra-ki-ki-ki-ki........Sa-ra-ki-ki-ki-ki........Sa-ra-ki-ki-ki-ki........Sa-ra-ki-ki-ki-ki........Sa-ra-ki-ki-ki-ki........Sa-ra-ki-ki-ki-ki........Sa-ra-ki-ki-ki-ki........Sa-ra-ki-ki-ki-ki........Sa-ra-ki-ki-ki-ki........Sa-ra-ki-ki-ki-ki........Sa-ra-ki-ki-ki-ki........Sa-ra-ki-ki-ki-ki........Sa-ra-ki-ki-ki-ki........Sa-ra-ki-ki-ki-ki........ Make una leave me ooo. I no dey craze, I just dey laugh. |
Re: The CCB's Ongoing Prosecution of Saraki Is Constitutional by Lanretoye(m): 11:30pm On Sep 18, 2015 |
Is this the same barcanista or another one... |
Re: The CCB's Ongoing Prosecution of Saraki Is Constitutional by tomakint: 11:31pm On Sep 18, 2015 |
@ barcanista, many are not even aware that if Buhari choose to run his government without Ministers, he can still use the law to back himself up....@ topic, the justification of Saraki's summon and trial by the CCB despite the absence of the Attorney-General is within the law .......Saraki in his next life would rather prefer to be a Togolese. 4 Likes 1 Share |
Re: The CCB's Ongoing Prosecution of Saraki Is Constitutional by MrZachs(m): 11:32pm On Sep 18, 2015 |
Bros make u shot up abeg |
Re: The CCB's Ongoing Prosecution of Saraki Is Constitutional by TonyeBarcanista(m): 11:33pm On Sep 18, 2015 |
Lanretoye:Same barcanista 3 Likes |
Re: The CCB's Ongoing Prosecution of Saraki Is Constitutional by Nobody: 11:34pm On Sep 18, 2015 |
Thanks Barcanista. U will be better off as an objective analyst than an opposition. I want you to Condemn APC,Buhari etc when they are wrong and support them when they are right. Play the role of a Nigerian rather being APC or PDP. You will have more followers if u do what i advised. 6 Likes |
Re: The CCB's Ongoing Prosecution of Saraki Is Constitutional by madridguy(m): 11:36pm On Sep 18, 2015 |
Change is inevitable. Barcanista is a living witness. 1 Like |
Re: The CCB's Ongoing Prosecution of Saraki Is Constitutional by ComrdDRS: 11:40pm On Sep 18, 2015 |
E pain U? Yesssss.... CUM4WHAT: |
Re: The CCB's Ongoing Prosecution of Saraki Is Constitutional by TonyeBarcanista(m): 11:44pm On Sep 18, 2015 |
tucky200:Na you be dat? You de enjoy o. atbu1983:Thank you but PDP/APC/LP etc are Nigerians. Actually, you need credible people in politics to bring about good leadership. The idea of the rebranded PDP is constructive criticism and praising/supporting the government where it does well. Of course we all want to win elections but it isn't at the detriment of the country. Even Obama is a party man. 1 Like |
Re: The CCB's Ongoing Prosecution of Saraki Is Constitutional by tucky200(m): 11:45pm On Sep 18, 2015 |
TonyeBarcanista:bros abeg modify dis post,I have modified mine !!!! |
Re: The CCB's Ongoing Prosecution of Saraki Is Constitutional by TonyeBarcanista(m): 11:46pm On Sep 18, 2015 |
Ola17:Maybe he typed that on empty stomach Me sef neva chop |
Re: The CCB's Ongoing Prosecution of Saraki Is Constitutional by Lanretoye(m): 11:47pm On Sep 18, 2015 |
TonyeBarcanista:you are as fake as a mirage,your barcanista registered just last week. you are APC's barcanista while the other is a chronic PDP member that will support jona even if he sells this country for 10naira. |
Re: The CCB's Ongoing Prosecution of Saraki Is Constitutional by TonyeBarcanista(m): 11:49pm On Sep 18, 2015 |
tomakint:Well, though the law does not say he 'MUST' appoint minister but bros, we can't afford running without ministers. Saraki should come to terms with his fate ! |
Re: The CCB's Ongoing Prosecution of Saraki Is Constitutional by okolochyke: 11:50pm On Sep 18, 2015 |
atbu1983: Thank you! 2 Likes |
Re: The CCB's Ongoing Prosecution of Saraki Is Constitutional by Dcomrade(m): 11:52pm On Sep 18, 2015 |
Please, this piece is for the sake of clarification and not a show of intellectual strength.Now I doubt this If you are pro PDP, then you just ve to stick fully bro.... What ever happens within APC should remain in APC and let them deal with it....my candid opinion! |
Re: The CCB's Ongoing Prosecution of Saraki Is Constitutional by TonyeBarcanista(m): 11:54pm On Sep 18, 2015 |
Lanretoye:Don't forget that PDP pledged support for anti-corruption fight... We(PDP) no be like that o |
Re: The CCB's Ongoing Prosecution of Saraki Is Constitutional by Ahmed4002(m): 11:54pm On Sep 18, 2015 |
Re: The CCB's Ongoing Prosecution of Saraki Is Constitutional by san316(m): 11:55pm On Sep 18, 2015 |
I just hope this dude is getting paid for all this. You get time ooo. |
Re: The CCB's Ongoing Prosecution of Saraki Is Constitutional by Nobody: 11:57pm On Sep 18, 2015 |
we already know Mr man. we don't need a barcanista to tell us |
Re: The CCB's Ongoing Prosecution of Saraki Is Constitutional by Nobody: 11:58pm On Sep 18, 2015 |
Interesting. I'm learning new stuff everyday. To add to the original post, the CCT, Federal High Courts, and the Abuja High Court are all on the same level in the judicial hierarchy. So, the CCT cannot issue an injunction to restrain the FHC from trying an accused armed robber; and the FHCs cannot issue a stay against the CCT's summon of any individual. 1 Like |
Re: The CCB's Ongoing Prosecution of Saraki Is Constitutional by sammyj: 12:00am On Sep 19, 2015 |
Ok |
Re: The CCB's Ongoing Prosecution of Saraki Is Constitutional by Nobody: 12:04am On Sep 19, 2015 |
tomakint:in d fullness of tym I quote u wit a laugh. 1 Like |
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