REHOZIBAH:

After all said and done...I hope all the charge and bail lawyers would allow us rest

Like Demdem said I believe the principle of 'alternate jurisdiction' and 'lenght of appointment' rather than age-wise seniority informed the decision of Amaechi to appoint Agumagu

practitioner: Can u pls explain what u mean by a court of alternate jurisdiction.If u ve any issue with that express provision of d constitution or it seems discriminatory to you,then what u should be clamouring for is its amendment and not trying to twist it to suit u.D fact that am of d opinion that d appointment is wrong,does not necessarily mean am comfortable with d provision,but d fact remains that it is d law until it is amended,and should not be twisted to suit selfish interest. Ur argument on inferiority and discrimination does not hold water. Need I remind u that president of a customary court of appeal is not answerable to d chief jude of a state with regards to matters of that court? Mind u also,there is no provision in d constitution that bars a judge of customary court of appeal from being appointed a chief judge of a state.So what's d rant abt inferiority and discrimination about?

Demdem:

The decision of the appellate cant be set aside by the high court and vice versa. this cant be said about the magistrate court whose decision can be set aside by both. On that basis i regard the appellate has an high court on its own even if its not called such. its left for the court itself to determine if its so or not and not ur interpretation of the constitution.
lucky u, Amaechi only appointed an acting CJ pending when the substantive will be appointed which is well received by the Bar itself. Or are u also insinuating that the Bar also doesnt know what they are doing? If u have any issue about this, proceed to court abeggi.

osakwe okey jr: [What d hell is 'alternate abi na alternative jurisdiction' and d explanation of it thereafter?

Are u blind or what? did u read or understand what u qouted?

Smh... Oga, have u consulted d constitution?

what av we been talking about since?

If u say d Nigerian Bar has welcomed d appointment, can u refer us to d source of dis controversial info?

i stay in PH and i listen to news, specifically Rhythm Fm at 7 am and 12noon. NBA Rivers state has already visited the acting CJ and agreed with the decision of Amaechi. that was after the visit of SANs to the acting CJ. Source my asrsee.

Blind argument is only an activity for ignorant pple. U've been refered to an authority- d constitution, d grundnorm. Talk law plsquote

unfortunately, u main problem is putting ur brain to work. u are the ignorant here no doubt.

practitioner: Obviously u re forcing yourself to comment on an issue u know little about.

Demdem:

and u that know, how come ur position run contrary to members of the Bar. or is it politics also?

practitioner: Section 271(4) of d 1999 constitution,which is applicable here provides as follows" if d office of d chief judge of a state is vacant or if d person holding d office is for any reason unable to perform d functions of d office, then until a person has been appointed to and has assumed the function of that office or until the person holdings d office has resumed those functions,the Governor of d state shall appoint the most senior judge of d High court to perform those functions".Going by d report, d Governor appointed d president of d customary court of appeal as d most senior judge, but d constitution provides that d appointee shall be d most senior judge of the HIGH COURT.Justice Agumagu not being a judge of d high court, is not qualified constitutionally for d appointment. To that extent,Governor Amechi got it wrong.

practitioner: I took d pain of quoting d relevant section of d 1999 constitution in order to save people from reading incoherent and misleading arguments like yours ,with due respect. And to even think that u went to d extent of throwing insult around is surprising. First of all of all,there is nothing like 2004 constitution as erroneously cited.We only ve d 1999 constitution,and d various amendment. Also,d section u cited,section 281,deals with appointment of customary court of appeal president, which is not applicable here since we are talking of appointment of a chief judge of a state.Thirdly,d issue of recommendation by d NJC does not come in here since its an acting chief judge that is being appointed and no:t a substantive chief judge, in which case it would be on d recommendation of d NJC. Let me refer u to section 271(1) of d 1999 constitution FRN.Also its not abt appointment of customary court judge but d chief judge of a state(in dis case acting).I will advise you to go through d article again,pick up a d 1999 constitution(not 2004 dis time around) and take ur time to read nd understand before coming out to expose ur ignorance and insult people.

practitioner: I took d pain of quoting d relevant section of d 1999 constitution in order to save people from reading incoherent and misleading arguments like yours ,with due respect. And to even think that u went to d extent of throwing insult around is surprising. First of all of all,there is nothing like 2004 constitution as erroneously cited.We only ve d 1999 constitution,and d various amendment. Also,d section u cited,section 281,deals with appointment of customary court of appeal president, which is not applicable here since we are talking of appointment of a chief judge of a state.Thirdly,d issue of recommendation by d NJC does not come in here since its an acting chief judge that is being appointed and no:t a substantive chief judge, in which case it would be on d recommendation of d NJC. Let me refer u to section 271(1) of d 1999 constitution FRN.Also its not abt appointment of customary court judge but d chief judge of a state(in dis case acting).I will advise you to go through d article again,pick up a d 1999 constitution(not 2004 dis time around) and take ur time to read nd understand before coming out to expose ur ignorance and insult people.

practitioner: It could be politics, or u mean its not possible? I quickly tried to source that piece of news of d nba lending their support, and their reasoning,but I only saw d news and no reasoning at all.I was also able to find out that it was d local branch nba of d state that expressed their opinion on d issue,and that is just what it is;an opinion.

smartchoice: he is equivalent to a judge of the high court in fact was earlier in the high court!

smartchoice: Oga make sense and stop attempts at mis representation of what you quoted...interprete it like a LEARNED FELLOW! I HATE IT WHEN PPLE WHO ARE SUPPOSED TO KNOW RESORT TO BEER PARLOUR ARGUMENTS

Demdem:

Good to know u acknowledge that. Besides ur position is also an opinion. Just an opinion and not an authority on the constitution. The more reason why I keep asking u to go to the court and let it interpret that part of the constitution.

osakwe okey jr: If u are talking abt coordinate jurisdiction den its a pity u're calling it 'alternate' jurisdiction. And let me ask u: did d section in question say: d most senior judge of d high court or any court of coordinate jurisdiction'?. As a lawyer or law student, do u know d maxim: expressio unius est exclusio alterius? I dnt think u're grounded in law. Go and read, u haven't started

practitioner: Well,lets leave it for d court to decide.

Demdem:

And what av I been advocating since? By the way, only an acting CJ was appointed pending the substantive.

practitioner: Mind you,nobody is saying he cannot be appointed a CJ,of course he can,bt not an acting CJ.D issue of fairness is not really important at this stage,maybe it would be if u would champion d cause for its amendment, then you can rightly bring it up.Maybe I will be on your side then,bt not at this stage.

Demdem:

I never claim to be a lawyer so if I got some terms wrong, its allowed and I have no apology for that. However, what I know is am better of than quite a lot of useless lawyers , those that claim to be learned but better of as charge and bail. if u are one, I have no doubt about this considering ur value so far in this discussion.
Av been in this world for sometime now and I understand how things work in my environment so kindly shove ur miserable maxim back into ur arsee.
One don't need to be grounded in law to understand that only the court interprets the law and when its done, it adds more value into our jurisprudence.
The chosen man court which he heads is equivalent to an high court , is it fair to say because he doesn't work in the high court then he can't be the CJ?
That is the simple matter the court ought to adjudicate.

osakwe okey jr: Oh u aint a lawyer or a law stdnt. So y were u talking so authoritatively? U said u're better dan som lawyers; is it by insulting pple? I see nothing good in u. Now I knw u're even ignorant of wot u're saying, exchanging words wit u is meaningless cos I'ts just like doing so wit an illiterate rural dweller. Its not everything u see on nairaland forum u just jump into commenting. Look at hw u have exhibited ur ignorance and now pathetically say: 'I'm nt a lawyer'. But u were here giving submissions. Please always say wot u knw next time.

Demdem:

[b]u are so much pathetic than i had earlier thought. a useless lawyer like u dont even know the difference between an opinion and submissions. if i am talking authoritatively, why am i advocating that this issue still needs to be taken to the law court? what gives u the impression that only lawyers can speak on issues like this? are u even aware that u so called lawyers are even confused about this issue. I have no doubt that though i may not be a lawyer, i am well sound and vast on issues pertaining to law unlike ur miserable self who has contributed nothing to this discussion so far but throw few maxims here and there.

Is maxims the only thing in law. u may know all the maxims in the world but still remain daft for ur info. i may disagree with the moniker 'practitioner' but i surely gained something from him. u, what have u said? Nothing. Anyway, u cant give what u dont have.

Empty barrel, learned but daft. I pity ur clients.

u cant exchange ideas and ur position with me because u are simply empty up there. even if i live in the rural areas, in this era of "global village" what makes me a lesser person than u that live in the city? Again i reinstate that u are really empty. Please if u have nothing to say, shut the ffuck up. Nonsense.[/b]

osakwe okey jr: 'Useless lawyer' Lol... Well, thanks.