Former President of the Nigeria Bar Association, Chief Olisa Agbakoba has said the CCT was wrong to say that it was a court of equal jurisdiction with the Federal High Court.
“There are two kinds of courts in Nigeria, superior and inferior. All the superior courts are defined in Section 6 of the constitution; it does not include the Code of Conduct Bureau, it does not include the National Industrial court,” Agbakoba said.
According to him, “The Code of Conduct Bureau is not a superior court; it is an inferior court and because it is an inferior court, it is amenable to the judicial review jurisdiction of a superior court of record like the Federal High Court.”
The Federal High Court, he said had power to review the judicial work of the Code of Conduct Bureau because it is an inferior court.
Also reacting, Ebun Adegboruwa described the Tribunal’s action as an assault on rule of law. “What the Code of Conduct Tribunal did in spite of the order of the High Court amounts to judicial abuse of the due process of the rule of law and amounts to judicial rascality on the part of the serving judge of Code of Conduct Tribunal.”
Adegboruwa said the Tribunal was under the supervisory jurisdiction of the High Court, adding that the option left for the Tribunal was to approach the court that gave the order to either challenge it or vacate it.
He said, “It will amount to total anarchy for the parties affected by an order to decide whether or not to obey the order. So, to that extent, the bench warrant issued against the Senate President is ultra vires, it has no place in law and cannot be enforced, because if the order of the High Court to the tribunal was not enforced also the bench warrant of the tribunal to the Senate President cannot be enforced. You cannot use wrong to achieve a right
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