A constitutional lawyer, Chief Mike Ozekhome (SAN) yesterday disagreed with the views of Mr. Femi Falana (SAN) and Chief Adegboyega Awomolo (SAN) over the stay of proceedings by the Supreme Court in the case against Senate President, Bukola Saraki before the Code of Conduct Tribunal (CCT).
Falana had said the order the order of stay is a setback against corruption. He had argued that the order should not be allowed to stand because it has a “far-reaching implications and negative impact” on the administration of criminal justice in the country, a position which Awomolo supported.
However, Ozekhome, has described as incredible “perverse interpretation” of the law for both Falana and Awomolo, seeking “to bind the Supreme Court with the uninterpreted provisions of a law that only applies to trial courts”.
Ozekhome, in an opinion article titled, “Awomolo-Falana’s commentA case of unfortunate sentiments vs law,” argued that the criticism of the two constitutional lawyers against the apex court ruling was “brash and unwarranted”.
As stated by him, section 306 of the administration of criminal justice Act (ACJA), only states that “An application for a stay of proceedings in respect of a criminal matter before the court shall not be granted”, adding the stated position only applies only to the trial court, and not to appellate courts.
Ozekhome said: “It ought to be noted that the trial of Saraki which is currently before the CCT, is not before the Supreme Court of Nigeria. What is before the apex court is an appeal from the decision of the Court of Appeal in respect of the jurisdiction of the Code of Conduct Tribunal.
“From the plain wording of section 306, the ACJA does not apply to the Supreme Court of Nigeria, or any other appellate court for that matter, but to the CCT”.
He contended that those criticising the order made by the Supreme Court “are merely expressing biased political sentiments rather than the correct position of the law”.