A lawyer and Human rights activist, Femi Falana (SAN), has described the recent order by the Supreme Court halting further proceedings of the trial of the Senate President, Bukola Saraki before the Code of Conduct Tribunal (CCT) as a set back for the ongoing battle against corruption and impunity in Nigeria.
Falana stated that in granting the order of stay of proceedings in the case, the apex court ignored the provisions of sections 306 and 396 of the Administration of Criminal Justice Act, 2015.
This was contained in a statement the lawyer issued in Lagos yesterday.
Falana insisted that the order of the apex court was not a case of oversight or lack of knowledge of the existence of the AJCA on the part of the court but a deliberate judicial decision to turn back the hand of the clock in the ongoing battle against corruption and impunity in the land.
The statement reads: “On May 13, 2015, former President Goodluck Jonathan signed the Administration of Criminal Justice Bill into law. Both chambers of the National Assembly had passed the bill to modernise our criminal justice system. In particular, the law has abolished stay of proceedings and interlocutory appeals by merging all preliminary objections with the substantive case in any criminal case instituted in a federal court in the country.
“The revolutionary intervention of the law was occasioned by the unending trial of politically exposed persons in corruption cases. In fact, the last straw that broke the carmel’s back was the case of Mohammed Abacha v FRN which had been stalled for 12 years on account of the preliminary objections raised and argued from the high court to the apex court by the defence counsel, Mr. J. B. Daudu, SAN.
“At the end of the Isralite’s journey, the Supreme Court ordered that the trial be commenced de novo at the federal capital territory high court.
“Having been completely frustrated in the circumstance, the federal government was compelled to discontinue Abacha’s corruption charge of N664billion under the pretext that the case would be “amicably” resolved.
“With the enactment of the AJCA, the supension of criminal cases by all accused persons has been effectively stopped in Nigeria. Therefore, any judge who orders a stay of proceedings in any criminal trial does so illegally and is liable to be sanctioned by the National Judicial Council.
“It is unfathomable that the Supreme Court decided to return the country to the status quo ante in a rather brazen and bizzaire manner. In view of the ouster clause contained in section 306 of the AJCA, the Code of Conduct Tribunal ought not to have delivered its ruling in respect of the preliminary objections filed by Dr. Saraki.
“Therefore, the controversial ruling of the Supreme Court should not be allowed to stand because of its far-reaching implications and negative impact on the administration of criminal justice in the country.”
“Since the ruling is binding on all other courts in line with the hallowed principle of stare decisis the Supreme Court should take advantage of the substantive appeal in the Saraki’s case to review its position with a view to confirming the abolition of stay of proceedings by section 306 of the AJCA.
“This clarification should be made, as soon as possible, in line with the letter and spirit of the AJCA. Otherwise, every accused person will not stop to file interlocutory appeals and proceed to ask for stay of proceedings pending the determination of such appeals.”