Joseph Daudu, former president of the Nigerian Bar Association (NBA), has lamented the criticisms that trailed the Supreme Court’s suspension of the trial of Senate President Bukola Saraki at the Code of Conduct Tribunal (CCT).
In its ruling last week, a five-man panel led by John Fabiyi ruled that the CCT should wait pending the determination of an appeal that Saraki filed at the apex court.
The verdict sparked different reactions, with Femi Falana, notable human rights lawyer, saying the ruling should not be allowed to stand because of its “far-reaching implications and negative impact” on the administration of criminal justice in the country.
But Daudu, who is Saraki’s lawyer, disagreed, warning against those opposed to the ruling to beware of being held contemptuous of the highest court in the country.
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“Some lawyers were quoted in newspaper reports as describing the decision of the Supreme Court as ‘illegal’, a position that was almost sacrilegious to take in the nation’s justice system,” Daudu said in a statement issued on Thursday.
“That is most unfortunate as decency and elementary regard for the finality of the decisions of the Supreme Court should restrain every citizen of this country, particularly a legal practitioner, from using such base and scurrilous language against the highest court of the land.
“It is a known legal axiom that a decision of the Supreme Court of Nigeria cannot be illegal in any form or manner as it is binding on all persons and authorities in this country. If a person is aggrieved by the decision of the court, the only approach is to wait for an opportunity to arise and such a person can ask the court to overrule itself or depart its earlier decision.
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“No amount of political inclination or rascality should prompt or compel a lawyer or even a layman to employ such uncouth language against the Supreme Court of Nigeria.
“Lawyers who have been passing negative comments on the decision of the Supreme Court are treading dangerously on boundaries of contempt of the Supreme Court. It is obvious that this orchestrated backlash against a correct decision of the court is aimed at intimidating the court and may the day never come when such a hallowed court will succumb to mob action or intimidation.”
Daudu said he might be compelled to bring contempt proceedings against all the commentators “who by their actions are seeking to prejudice the final outcome of the appeal on the Saraki case in the Supreme Court through intimidation and skewed reportage of facts”.
“Contrary to the impression that the panel of Supreme Court which rightly granted the stay of proceedings in the Saraki case is being disbanded because of a purported outcry against its ruling, it is the appellant, Saraki, who requested that a constitutional panel be constituted consisting of seven justices instead of the five that heard the stay of proceeding motion.
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“The request contained in paragraph 2 of Saraki’s brief of argument is in line with sections 233 (2) (b) and 234 of the 1999 constitution.
“Normally and most lawyers should know this; when a request for a panel of 7 Justices is made in a paragraph in the brief of argument, it is only the Chief Justice of Nigeria ( who is presently out of the country) that can constitute such a panel. It is therefore most mischievous, to use the platform of a newspaper to peddle such misinformation of grave proportions.”
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