By Vivian Ojekeme
Abuja
In a bid to ensure speedy dispensation of justice, the Supreme Court has validated the provisions of Section 306 of the Administration of Criminal Justice Act, 2015, and section 40 of the Economic and Financial Crimes Commission (Establishment) Act, 2004, both of which prohibit courts from granting an order of stay of proceedings in ongoing criminal trials.
This was the unanimous decision of a five-man panel of the Apex Court, headed by Justice Dattijo Muhammed.
In a ruling it handed down on Friday, the court held that by virtue of the provisions of both laws, no Nigerian court, including the Supreme Court, had the power to stay proceedings in a criminal case.
Senior lawyers, including those handling high profile criminal cases, often contend that the provisions of section 306 of ACJA and section 40 of the EFCC Act prohibiting courts from staying proceedings in a criminal trial, contravened the constitutional right to appeal of persons charged with an offence.
However, in her lead verdict, Justice Clara Ogunbiyi of the Supreme Court, ruled that the provisions of both laws were in agreement with section 36(4) of the Constitution which provided that any person charged with a criminal offence “shall be…entitled to fair hearing in public within a reasonable time.
It is only logical to interpret the spirit of the foregoing constitutional provision to translate that, where the grant of an application for stay will unnecessarily delay and prolong the proceedings, it will not be granted,” Justice Ogunbiyi held.
She contended that the application for stay of proceedings in a criminal case “violently” violates the Constitution as well as the provisions of ACJA and the EFCC Act, while the two statutes are in agreement with the Constitution.
