| CCT Is A Superior Court by abulbanaat(m): 11:07am On Sep 19, 2015 |
The drafters of the 1999 Constitution of the Federal Republic of Nigeria had inadvertently created the Code of Conduct Tribunal [hereinafter referred to as ‘CCT’] a superior court.
Section 15(2) of the Fifth Schedule says inter alia:
‘The Chairman shall be a person who has held or is qualified to hold office as a JUGDE of a SUPERIOR COURT OF RECORD in Nigeria and shall receive such remuneration as may be prescribed by law.’ [Emphasis mine].
With all intent and purposes, a superior court of record starts from the High Court and finishes at the Supreme Court.
Thus the Chairman of the CCT may even be superior to the Judge of a High Court or a Federal High Court provided he comes from a Court of Appeal or the Supreme Court, for instance. Though a Judge higher than the High Court may not be appointed.
If that does not solve the problem, it will however give more force to that explicit clarification in S.18 (4) that ‘Where the Code of Conduct Tribunal gives a decision as to whether or not a person is guilty of a contravention of any of the provisions of this Code, an appeal shall lie as of right from such decision or from any punishment imposed on such person to the Court of Appeal at the instance of any party to the proceedings.’
So the CCT is not an inferior court. 7 Likes 2 Shares |
| Re: CCT Is A Superior Court by podosci(m): 11:24am On Sep 19, 2015 |
Why is saraki trying to discredit the court....if he is innocent why not clear is name? The period of impunity is over, a common Nigeria who is accused of stealing Magi is burnt alive before he can plea is case but the elite can stop a court from trialing their case.... 4 Likes |
| Re: CCT Is A Superior Court by docadams: 11:24am On Sep 19, 2015 |
Where is Agbakoba? Pa Chukwudi44, the apostle of all unpatriotic acts, oya come and hold brief. 7 Likes |
| Re: CCT Is A Superior Court by Ngasky(m): 11:32am On Sep 19, 2015 |
and even the chief justice of the Supreme Court has to declare his assets to the CCB and if found wanting should face the same CCT
it's just that previous administrations cripple the constitutional arrangement of the nation that a common Senate president doesn't know the limitations of the respective offices. 6 Likes |
| Re: CCT Is A Superior Court by jlinkd78(m): 11:35am On Sep 19, 2015 |
I said it in my other post dat constitutional interpretation is not as straight jacketed as it seems. This has made Agbakoba arguement less potent n revived d life for d CCT. More on this news before Monday morning 7 Likes |
| Re: CCT Is A Superior Court by superstar1(m): 11:49am On Sep 19, 2015 |
Saraki should stop running his mouth.
He is an arrogant spoilt brat that thinks he is above the law.
I am not a lawyer and I do not know which court is superior or inferior. Court is court to me.
Saraki insulted the whole judicial system, whether superior or inferior, by choosing to sit in his chamber and sending his errands boys to the court, for a criminal case and not civil case.
What right does he have to be making laws for us?
A criminal runs when no one is in pursuit. If he does not have anything to hide, he should appear in court. 6 Likes |
| Re: CCT Is A Superior Court by TonyeBarcanista(m): 11:55am On Sep 19, 2015 |
S.18 (4) that ‘Where the Code of Conduct Tribunal gives a decision as to whether or not a person is guilty of a contravention of any of the provisions of this Code, an appeal shall lie as of right from such decision or from any punishment imposed on such person to the Court of Appeal at the instance of any party to the proceedings.’ Thank you @OP! I don't know why Agbakogba was trying to play devil's advocate in a straightforward matter. Saraki can only appeal to Court of Appeal and not a High Court. Is it that he was deceived with the "High" in the High Court?  8 Likes |
| Re: CCT Is A Superior Court by OrlandoOwoh(m): 11:57am On Sep 19, 2015 |
The Chairman of the CCT should just act as though the the HC doesn't exist. 2 Likes |
| Re: CCT Is A Superior Court by superstar1(m): 11:57am On Sep 19, 2015 |
TonyeBarcanista:
Thank you @OP! I don't know why Agbakogba was trying to play devil's advocate in a straightforward matter. Saraki can only appeal to Court of Appeal and not a High Court. Is it that he was deceived with the "High" in the High Court? .... and he can only go to the Appellate Court after the judgement of CCT. Not before. 6 Likes |
| Re: CCT Is A Superior Court by Pangea: 11:58am On Sep 19, 2015 |
Power pass power naa!
Pompous ijjiot!
Let him appeal to witchcraft court naa,
He is a goner! 3 Likes |
| Re: CCT Is A Superior Court by TonyeBarcanista(m): 11:59am On Sep 19, 2015 |
superstar1:
.... and he can only go to the Appellate Court after the judgement of CCT. Not before.
Ofcourse na. |
| Re: CCT Is A Superior Court by Nobody: 12:02pm On Sep 19, 2015 |
OrlandoOwoh:
The Chairman of the CCT should just act as though the the HC doesn't exist. Saraki would also act as though the CCT does not exist!! If you want anarchy,you will surely get anarchy!! Section 6 listed all the superior courts of Nigeria and the CCT was conspicously missing on that list. |
| Re: CCT Is A Superior Court by dunkem21(m): 12:04pm On Sep 19, 2015 |
chukwudi44:
Saraki would also act as though the CCT does not exist!! If you want anarchy,you will surely get anarchy!! Section 6 listed all the superior courts of Nigeria and the CCT was conspicously missing on that list. .. |
| Re: CCT Is A Superior Court by Nobody: 12:05pm On Sep 19, 2015 |
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/ConstitutionOfTheFederalRepublicOfNigeThe superior courts are listed above and the CCT is conspicously missing in that list. 2 Likes 2 Shares |
| Re: CCT Is A Superior Court by Nobody: 12:07pm On Sep 19, 2015 |
Pangea:
Power pass power naa!
Pompous ijjiot!
Let him appeal to witchcraft court naa,
He is a goner! The last time i checked the 'goner' is still in his office as SP sipping tea while you are here on nl ranting. |
| Re: CCT Is A Superior Court by BlackBaron: 12:07pm On Sep 19, 2015 |
Interesting!
I'll sit by and watch legal luminaries with their argument and counter arguments. |
| Re: CCT Is A Superior Court by dunkem21(m): 12:07pm On Sep 19, 2015 |
My money is on Chukwudi44 .. ..lalasticlala, let's bet .. ..you can take tonyebarcanista .. 1 Like |
| Re: CCT Is A Superior Court by Nobody: 12:10pm On Sep 19, 2015 |
The fraudulent and bribe taking CCT chairman would soon be charged for contempt for claiming equal jurisdiction with a superior court of record. 2 Likes |
| Re: CCT Is A Superior Court by Pangea: 12:14pm On Sep 19, 2015 |
chukwudi44:
The last time i checked the 'goner' is still in his office as SP sipping tea while you are here on nl ranting. Sipping tea? I'm sure you mean in a hole with trailer load of alfas and marabouts, praying that Monday should not come! 3 Likes 1 Share |
| Re: CCT Is A Superior Court by dunkem21(m): 12:14pm On Sep 19, 2015 |
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| Re: CCT Is A Superior Court by baralatie(m): 12:16pm On Sep 19, 2015 |
chukwudi44:
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/ConstitutionOfTheFederalRepublicOfNige
The superior courts are listed above and the CCT is conspicously missing in that list. I don't know why some people are arguing over the seniority in rank of a Federal High Court. the FHC is a superior court and that is how it is! 2 Likes |
| Re: CCT Is A Superior Court by TonyeBarcanista(m): 12:22pm On Sep 19, 2015 |
chukwudi44:
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/ConstitutionOfTheFederalRepublicOfNige
The superior courts are listed above and the CCT is conspicously missing in that list. |
| Re: CCT Is A Superior Court by TonyeBarcanista(m): 12:23pm On Sep 19, 2015 |
chukwudi44:
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/ConstitutionOfTheFederalRepublicOfNige
The superior courts are listed above and the CCT is conspicously missing in that list. Oga The emboldened has ANSWERED you 4 Likes |
| Re: CCT Is A Superior Court by nickxtra(m): 12:27pm On Sep 19, 2015 |
chukwudi44:
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/ConstitutionOfTheFederalRepublicOfNige
The superior courts are listed above and the CCT is conspicously missing in that list. You must be biased. How do you interpret 'j'? 2 Likes |
| Re: CCT Is A Superior Court by OnReflection: 12:27pm On Sep 19, 2015 |
TonyeBarcanista:
Oga The emboldened has ANSWERED you I made this point in my first post on the same subject, yesterday. Anyway, here is what Justice Umar has to say about current proceedings... On the contention of Saraki that the tribunal should take judicial notice of an order of the Federal High Court Abuja, made on Thursday to the effect that a suit has been filed, the court said “a court of coordinate jurisdiction cannot stop this tribunal,” adding that,”By the provision of Section 306 of the Administration of Criminal Justice Act 2015, this tribunal cannot accede to the submission of the counsel to the defendant to halt this proceeding.”
Justice Umar added that “This tribunal is a superior court of record that has coordinate jurisdiction with the Federal High Court; this court cannot be restricted by an injunction from a court of coordinate jurisdiction. 4 Likes 3 Shares |
| Re: CCT Is A Superior Court by baralatie(m): 12:29pm On Sep 19, 2015 |
TonyeBarcanista:
Oga The emboldened has ANSWERED you it answered the question to make jurisdiction. the any other means apart from the list with superior rights over the "any other" |
| Re: CCT Is A Superior Court by Jwhizzy(m): 12:31pm On Sep 19, 2015 |
TonyeBarcanista:
Oga The emboldened has ANSWERED you Pa Chuks. Tonye has cleared your doubts? Law is not copy and paste. But you wouldn't know that would you?! 2 Likes |
| Re: CCT Is A Superior Court by Nobody: 12:37pm On Sep 19, 2015 |
OnReflection:
I made this point in my first post on the same subject, yesterday.
Anyway, here is what Justice Umar has to say about current proceedings...
Bros quote the relevant sections of the constitution and not some rantings from the fraudulent judge |
| Re: CCT Is A Superior Court by OnReflection: 12:44pm On Sep 19, 2015 |
chukwudi44:
Bros quote the relevant sections of the constitution and not some rantings from the fraudulent judge TonyeBarcanista already did. Here is a trick question for you: is the National Industrial Court (NIC), which is not explicitly mentioned on your list, a superior court or not?  The court has exclusive jurisdiction in civil causes and matters relating to or connected with any labour, employment, trade unions, industrial relations and matters arising from workplace, the conditions of service, including health, safety, welfare of labour, employee, worker and matter incidental thereto or connected therewith.
The court also has exclusive jurisdiction in civil matters relating to, connected with or arising from Factories Act, Trade Disputes Act, Trade Unions Act, Workmen’s Compensations Act or any other Act or Law relating to labour, employment, industrial relations, workplace or any other enactment replacing the Acts or Laws………read more (link to Constitution(Third Alteration) Amendment Act 2010).
Appeals also lie from the Court to the Court of Appeal as contained in Chapter IV of the constitution of the Federal Republic of Nigeria, 1999. The National Industrial Court consists of the President of the Court and not less than twelve Judges. Presently the National Industrial Court is manned by the President and nine other Judges. Source: http://nicn.gov.ng/juris.php 2 Likes |
| Re: CCT Is A Superior Court by TonyeBarcanista(m): 1:03pm On Sep 19, 2015 |
I had to bookmark this submission of yours and share with some of my friends. I don't even know how this non-issue became an issue OnReflection:
I made this point in my first post on the same subject, yesterday.
Anyway, here is what Justice Umar has to say about current proceedings...
|
| Re: CCT Is A Superior Court by TonyeBarcanista(m): 1:08pm On Sep 19, 2015 |
chukwudi44:
Bros quote the relevant sections of the constitution and not some rantings from the fraudulent judge Bros? Did you say ranting from 'fraudulent judge'? Do you know that any judgement passed by a Court automatically becomes a law and point of reference UNLESS a Superior Court(Appeal Court or Supreme Court as the case may be) upturns it? My the way, there are relevant sections that posited that CCT Judgement can only be vacated by Court of Appeal. This should be put to rest Sir! |
| Re: CCT Is A Superior Court by 989900: 1:56pm On Sep 19, 2015 |
chukwudi44:
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/ConstitutionOfTheFederalRepublicOfNige
The superior courts are listed above and the CCT is conspicously missing in that list. You'll make a very good 'charge and bail' lawyer at best.
How can you quote a part of the constitution that defeats your client?
See my advice to you yesterday about staying off serious issues like this -- at best, you should be reading and learning.If only you know how strong the CCT is. 4 Likes |
