The national judicial council should descend heavily on the CCT Judge who is claiming equal jurisdiction with a superior court. That is the height of contempt!!! It only showed he was merely playing out a script

APC will spend the next 4 yrs fighting each other. There will be no single achievement.

Atlantian:
APC will spend the next 4 yrs fighting each other. There will be no single achievement.

That is the sad reality of it all!!! GEJ accepted Tambuwal and worked with him after the rebellion, but this illiterate has chosen to make a mess of everything

jlinkd78:
Real reason why legal practice is really a professional course, one interpretation by an authority like Agbakoba is about giving Saraki a lifeline. I wont be surprised if Saraki survives this banana peel and probably have d last laugh n d cct chairman who is probably smiling now begging. Am yet to hear Ekweremmadu input being a revered constitutional lawyer. If it is established dat d FHC is superior to d cct in anyway, then d Saraki team can argue contempt charge against d cct chairman for not respecting d FHC decision to wait till Monday n u know d FHC case can drag up to d supreme court. Though I wud v loved Saraki to go to prison cos of his stupendous acquisition of wealth but d brazen manner a comatose CCB suddenly became over-lively shows there is more to this than meets d eyes.

They don't interpret court pronouncements the way you are doing. You are making assumptions for the High court judgement.

The high court never told the CCT to quit it's proceedings till Monday. They simply told the CCT to appear before it and give explanations why they should not grant Saraki's Exparte application.

It is not a difficult thing for the High court to grant the Exparte injuction Saraki sought for, stopping the entire proceedings of the CCT.

The high court wisely did not grant this injection, but simply asked the CCT to appear before it. These orders are very different in the legal world.

Asking the CCT to appear before it to make clarifications can never be interpreted legally as ordering the proceedings of the CCT to stop. The legal team of Saraki really goofed on this one.

agabusta:


They don't interpret court pronouncements the way you are doing. You are making assumptions for the High court judgement.

The high court never told the CCT to wait till Monday. They simply told the CCT to appear before it and give explanations.

It is not a difficult thing for the High court to grant the Exparte injuction Saraki sought for stopping the entire proceedings of the CCT.

The high court wisely did not grant this injection, but simply asked the CCT to appear before it. These orders are very different in the legal world.

Asking the CCT to appear before it to make clarifications can never be interpreted legally as ordering the proceedings of the CCT to stop. The legal team of Saraki really goofed on this one.

The CCT chairman made reference to the high court's judgement and claimed coordinate jurisdiction which is wrong since the CCT is an inferior court of record to the FHC
I can bet you that the arrest warrant issued by the CCT would definitely be quashed by the FHC

agabusta:


They don't interpret court pronouncements the way you are doing. You are making assumptions for the High court judgement.

The high court never told the CCT to wait till Monday. They simply told the CCT to appear before it and give explanations.

It is not a difficult thing for the High court to grant the Exparte injuction Saraki sought for stopping the entire proceedings of the CCT.

The high court wisely did not grant this injection, but simply asked the CCT to appear before it. These orders are very different in the legal world.

Asking the CCT to appear before it to make clarifications can never be interpreted legally as ordering the proceedings of the CCT to stop. The legal team of Saraki really goofed on this one.

The FHC actually asked all the parties involved to appear before it on Monday. The parties in this case are the office of the Attorney General of the federation and Code of conduct bureau (prosecutors) and Bukola Saraki (accused). The CCT will not appear before the FHC as they are not a party in the matter. We should be mindful of the distinction.

chukwudi44:

The CCT chairman made reference to the high court's judgement and claimed coordinate jurisdiction which is wrong since the CCT is an inferior court of record to the FHC
I can bet you that the arrest warrant issued by the CCT would definitely be quashed by the FHC

Tell us where u got the information that the CCT is an inferior court?? Pls don't quote some charge and bail lawyers, give us documents that we can all see and digest with our senses.

seunmsg:



The FHC actually asked all the parties involved to appear before it on Monday. The parties in this case are the office of the Attorney General of the federation and Code of conduct bureau (prosecutors) and Bukola Saraki (accused). The CCT will not appear before the FHC as they are not a party in the matter. We should be mindful of the distinction.

The CCB should have deferred arraignment pending when this suit is decided!! Why were they so much in a hurry to arraign him unless they are teleguided by the presidency

agabusta:


Tell us where u got the information that the CCT is an inferior court?? Pls don't quote some charge and bail lawyers, give us documents that we can all see and digest with our senses.

Go back to page 1 and read the section of the constitution naptu posted. Agbakoba is right, the CCT is an inferior court to the FHC

seunmsg:



The FHC actually asked all the parties involved to appear before it on Monday. The parties in this case are the office of the Attorney General of the federation and Code of conduct bureau (prosecutors) and Bukola Saraki (accused). The CCT will not appear before the FHC as they are not a party in the matter. We should be mindful of the distinction.

I get your point. But pls read the submissions of the high court properly. The CCT chairman is among those it summoned.

This is an excerpt of the Thisday newspaper report

The CCT commenced the trial of Saraki despite a Federal High Court ordering the chairmen of CCB, CCT and a Deputy Director in the Federal Ministry of Justice, Musiliu Hassan to appear before it on Monday to show cause why Saraki's ex-parte application should not be granted.
http://www.thisdaylive.com/articles/facing-arrest-saraki-cites-politics-in-ccb-prosecution/220612/

agabusta:


I get your point. But pls read the submissions of the high court properly. The CCT chairman is among those it summoned.

This is an excerpt of the Thisday newspaper report

The fact remains that the CCT chairman committed contempt of court by claiming coordinate jurisdiction with a superior court.!!! The FHC would tidy their Bleep up by Monday

chukwudi44:

The CCT chairman made reference to the high court's judgement and claimed coordinate jurisdiction which is wrong since the CCT is an inferior court of record to the FHC
I can bet you that the arrest warrant issued by the CCT would definitely be quashed by the FHC

Chukwudi, you flogging a dead horse. The Code of conduct tribunal is a superior court as it is a creation of the constitution. Even Saraki's lawyers have seen their error, hence they applied for the arrest warrant to be quashed at the appeal court and not at the high court. The constitution does not create inferior courts.

chukwudi44:

Go back to page 1 and read the section of the constitution naptu posted. Agbakoba is right, the CCT is an inferior court to the FHC

I said u should give us the legal document/constitutional provisions for us to read and digest ourselves.

We are not illiterates, we can read and understand. You are not an illiterate as well, so you don't have to rely on what another person said to argue your point. Give us the real legal document.

How come the only two lawyers Thisday interviewed argued in favour of this. How come it's only this two lawyers whose interpretation of the law is usually skewed towards the PDP that was asked for their opinions. Are they the only constitutional lawyers in Nigeria?? If Thisday wants to be balanced, they should have interviewed at least 4 renowned constitutional lawyers.

wirinet:


Chukwudi, you flogging a dead horse. The Code of conduct tribunal is a superior court as it is a creation of the constitution. Even Saraki's lawyers have seen their error, hence they applied for the arrest warrant to be quashed at the appeal court and not at the high court. The constitution does not create inferior courts.

Bros please when you are debating law do quote sections of the constitution to back up your case and not just anything that comes to your head. Section 6 of the constitution clearly listed all the superior courts of record and the CCT was not amongst those listed

agabusta:


I said u should give us the legal document/constitutional provisions for us to read and digest ourselves.

We are not illiterates, we can read and understand. You are not an illiterate as well, so you don't have to rely on what another person said to argue your point. Give us the real legal document.

How come the only two lawyers Thisday interviewed argued in favour of this. How come it's only this two lawyers whose interpretation of the law is usually skewed towards the PDP that was asked for their opinions. Are they the only constitutional lawyers in Nigeria?? If Thisday wants to be balanced, they should have interviewed at least 4 renowned constitutional lawyers.

This is not about what a lawyer said but rather what the constitution says!!! The CCT is not a superior court of record and cannot claim equal jurisdiction with a superior court of record

chukwudi44:

Bros please when you are debating law do quote sections of the constitution to back up your case and not just anything that comes to your head. Section 6 of the constitution clearly listed all the superior courts of record and the CCT was not amongst those listed

Section 5 deals with the creation of the Code of Conduct Tribunal;

15. (1) There shall be established a tribunal to be known as Code of Conduct Tribunal which shall consist of a
Chairman and two other persons.
(2) The Chairman shall be a person who has held or is qualified to hold office as a Judge of a Court of record
in Nigeria and shall receive such remuneration as may be prescribed by law.
(3) The Chairman and members of the Code of Conduct Tribunal shall be appointed by the President in
accordance with the recommendation of the National Judicial Council.
(4) The National Assembly may by law confer on the Code of Conduct Tribunal such additional powers as
may appear to it to necessary to enable it more effectively to discharge the functions conferred on it in this
Schedule.

Code of Conduct bureau is a creation of the constitution and so a superior court.

Firefire:


Why are you supporting corrupt criminals

He JUST like to OPPOSE every of APCs or PMBs move..even if PMB tries to 'Arrest' the devil(just saying)...Chukwudi44 and severrusnape would kick against it....

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.

How can they cc tribunal have equal jurisdiction with the FACT? ?

All these tinubu desperados should stop this rubbish!

chukwudi44:

This is not about what a lawyer said but rather what the constitution says!!! The CCT is not a superior court of record and cannot claim equal jurisdiction with a superior court of record

Then show us the section of the constitution that says it!!!

Is this so difficult??

The 1999 constitution is readily available on the internet. Even your Agbakogba and Adeboruwa found it very convenient not to quote the relevant section of the constitution /statute/case law their argument relied on

According to the self-acclaimed zombie lawyers, the CCT can do and undo.
They don't care if the constitution is being breached so long as the "enemy" is
brought down.

agabusta:


Then show us the section of the constitution that says it!!!

Is this so difficult??

The 1999 constitution is readily available on the internet. Even your Agbakogba and Adeboruwa found it very convenient not to quote the relevant section of the constitution /statute/case law their argument relied on

Bros i already did or cant you read again? Naptu first posted it and i had to repaste it here again because of you

Do you know who is Agbakoba? Do you know that Agbakoba is among the 5 first rate lawyers in Nigeria? When people like him talks the FG sneezes.

Eziachi:
Agbakoba is talking nonsense, any appeal emanating from the Code of conduct tribunal lies with Court of Appeal and the Supreme Court.
It is unheard of in law of any judicial obstruction of law enforcement investigation as done by this corrupt justice of the federal high court
The tribunal shall proceed with what they are doing and let Saraki proceed to the superior court of appeal.

neocortex:
According to the self-acclaimed zombie lawyers, the CCT can do and undo.
They don't care if the constitution is being breached so long as the "enemy" is
brought down.

Dont mind the fools,All they care about is removing Saraki without minding if the rule of law is followed or not.

bayooooooo:
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.

Adequate tax payment by everyone, big or small, based on their asset acquisition/declaration and expenditure pattern is what we should be focused on.
It is easier to nail corrupt people that way.

seunmsg:
Nonsense interpretation by PDP lawyers. Saraki will be arrested whether he likes it or not and he will be brought before the CCT on Monday to answer questions regarding his asset declaration. All this attempt to frustrate his trial will not work. He should go and prepare his defence.

Don't kill yourself over this matter.
Why hasn't the order been enforced ?
You probably think your god Buhari has supernatural power to do and undo.
One thing you must note is that the Nigeria n constitution stands whether you
like it or not.
It is Saturday already , when will Saraki be arrested ?
Sunday or Monday.
Joker.

It is neither inferior nor superior but rather set up by a s special clause within the constitution with a driving function.

The federal high court of another court has no jurisdiction to interject an ongoing trial in any other court be it inferior rather an individual can appeal for a re-trial at an alternative court after such conclusions in the former.

The questions are, 1: is Saraki corrupt, 2: did he underdeclare his assets as charged... If yes, then lawyers and our constitution needed to be purged for foot dragging and being impediments on the fight against corruption

Firefire:


Why are you supporting corrupt criminals

an inferior court is or may be charged with contempt. Na the court be that o!!!! way ne respect themselves. Which way Nijja. ccb must follow due process not to give a negative impression (which they have already did)

...the fight for corruption to me starts with the judiciary. They shield the corrupt people for their pocket.

It is well...

chukwudi44:


Bros i already did or cant you read again? Naptu first posted it and i had to repaste it here again because of you

I'm still reading, will get back to u shortly.

I disagree with the submission of Agbakoba here with due respect to him. The Constitutional provisions is very clear on the powers of Code of Conduct Tribunal. Me believe that he was only trying to play the role of the Devil's advocate.