Speaker, Kwara State House of Assembly, Dr. Ali Ahmad, said unless the National Assembly re-enacts the constitutional amendment passed by the seventh legislature, the controversy surrounding the constitutionality of Section 306 Stay of Proceedings of the Act will not be resolved.
Ali also said that the Supreme Court‘s ruling asking the Code of Conduct Tribunal, CCT, to stay proceedings pending the determination of an appeal by the Senate President, Bukola Saraki, on his trial by the CCT was lawful and constitutional.
The speaker said this while delivering a paper entitled: “Administration of Criminal Justice Act: Legislative Processes at the Seventh Assembly” at the Conference of Speakers of State Houses of Assembly in Ilorin to deliberate on a model administration of criminal justice act.
The speaker, who was the immediate past Chairman of the House of Representatives Committee on Justice, said “the seventh legislature was conscious of the doubtful constitutionality of Section 306, it thus passed the provision to amend Section 241 to state that ‘A court or tribunal shall not stay any proceeding on account of interlocutory appeal’.
He said former President Goodluck Jonathan failed to sign the constitutional amendment into law, thereby rendering Section 306 unconstitutional.
He further disclosed that the Supreme Court had not in anyway erred in law in its ruling putting a halt to the continuation of the trial of the Senate president at the CCT, stressing that “Former President Jonathan failed to assent to Section 2A of the Administration of Criminal Justice Act where a court or tribunal shall not stop any proceeding on account of interlocutory appeal by the seventh National Assembly when he signed the bill into law in April.‎”
He added that the enactment of the Administration of Criminal Justice Act by the seventh National Assembly which he sponsored was informed due to the challenges in the nation’s justice system, especially the inadequacy of criminal trials occasioned by the uninterrupted democratic dispensation in the country.
Ali, however, expressed confidence that the Act would not only guarantee fairness and orderliness, but ensure that criminal cases which used to last between 12-15 years begin and end within four to six months.
He said the crusade against corruption by President Muhammadu Buhari could only be effective if he signs the constitutional amendment into law, pointing out that the conference was organised to ensure that states in the federation produce a model bill that is consistent with the wind of change blowing against injustice, oppression, corruption and misuse of judicial process to prosecute perceived political opponents.
While speaking on the vacuum created due to the sudden death of the candidate of the All Progressives Congress, APC, in the Kogi State governorship election, Prince Abubakar Audu, the speaker said what the Attorney-General of the Federation ought to have done was to approach the Supreme Court for the interpretation of the current situation to avoid unnecessary litigation after the supplementary election.
In his remark, the Director-General, Nigeria Institute of Advanced Legal Studies, Prof Adedeji Adekunle, who disclosed that states like Lagos, Anambra, Ekiti and Ondo had commenced the implementation of the Act, emphasised the need to make it meet modern tendencies to achieve the desired objective.
Adekunle enumerated the benefits of the Administration of Criminal Justice Act and advocated for the establishment of a Criminal Justice Committee to ensure synergy among all stakeholders to enhance quick dispensation of justice in Nigeria.

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