Danladi, Don't Listen To These Jokers: False Asset Declaration - Withdraw From Ongoing Trial Of Saraki

CCT Justics Umar Danladi

You wonder why Nigeria got into this mess in the first place. It's because of these people. They all set bad precedents when they were in court. They misinterpreted the law and the constitution. They decided cases in favor of the highest bidders and set criminals free at will. Now, they still want to continue to influence the system, even when they are no longer Justices.

Some leading legal luminaries including former justices of the Supreme Court have advised Chairman of the Code of Conduct Tribunal, CCT, Mr. Danladi Umar, to withdraw from presiding the ongoing trial of Senate President Bukola Saraki over alleged false assets declaration to ensure fairness in the matter.

Saraki's  legal giants, who picked holes in the Supreme Court judgement of February 5, 2016 giving the CCT jurisdiction in the Saraki trial, argued that the CCT is not a court of law under our Constitution and cannot be invested with criminal or quasi-criminal jurisdiction.
Eminent lawyers, who shared this view included Justice Salisu Alfa Modibo Belgore (former Chief Justice of Nigeria; Justice George Oguntade (CFR), former Justice of the Supreme Court; Justice Samson Odemwingie Uwaifo, former Justice of the Supreme Court; Prof. Ben Nwabueze, SAN; Chief Nnoruka Udechukwu SAN; Chief Mike Ozekhome, SAN; and Mr Olalekan Ojo among others.

Justics Umar Danladi must not listen to any one of these clowns, who called themselves lawyers and legal luminaries, but failed to read and interpret the constitution rightfully and accordingly. There is no ambiguity as to what the framers of the constitution meant regarding the CCT. The tribunal has the power of a court of law in Nigeria, otherwise it would not have specified that the chairman of the CCT must be someone who held or is qualified to hold office as a judge of a court of record in Nigeria. If they meant otherwise, they could have said any one from the Civil Service would be qualified to be the chairman of the CCT.

Furthermore, a Court of Law is defined as "a tribunal presided over by a judge, judges or a magistrate in civil and criminal cases". So, if a  court of law is a tribunal by definition, what else is there problem?

Section 15 (1) and (2) of Part 1 of the Fifth Schedule of the1999 Constitution of Nigeria, established and empowered the Code of Conduct Tribunal (CCT) as follow:

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.

Furthermore, sections 18 (1) and (2) of Part 1 of the Fifth Schedule empower the CCT as follow:

18. (1) Where the Code of Conduct Tribunal finds a public officer guilty of contravention of any of the provisions of this Code it shall impose upon that officer any of the punishments specified under sub-paragraph (2) of this paragraph and such other punishment as may be prescribed by the National Assembly.

(2) The punishment which the Code of Conduct Tribunal may impose shall include any of the following -

(a) vacation of office or seat in any legislative house, as the case may be;

(b) disqualification from membership of a legislative house and from the holding of any public office for a period not exceeding ten years; and

(c) seizure and forfeiture to the State of any property acquired in abuse or corruption of office.

It went further to state that: 

 

(6) Nothing in this paragraph shall prejudice the prosecution of a public officer punished under this paragraph or preclude such officer from being prosecuted or punished for an offence in a court of law.

(7) The provisions of this Constitution relating to prerogative of mercy shall not apply to any punishment imposed in accordance with the provisions of this paragraph.

Section 233 (1) of the same 1999 Constitution says: 

233. (1) The Supreme Court shall have jurisdiction, to the exclusion of any other court of law in Nigeria, to hear and determine appeals from the Court of Appeal.

Section 287 (1) also states explicitly that:

287. (1) The decisions of the Supreme court shall be enforced in any part of the Federation by all authorities and persons, and by courts with subordinate jurisdiction to that of the supreme Court.

Like I said before, the problem with Nigerian lawyers and judges and the judiciary in general is corruption. What all these people want to do is interpret the constitution for their selfish aim of setting Bukola Saraki free. Unfortunately for them, they will fail. Hahaha! Bukola Saraki is toast!