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NBA To Buhari You Cannot Choose Which Court Order To Obey Or Disobey- Zubby Blog - Politics - Nairaland

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NBA To Buhari You Cannot Choose Which Court Order To Obey Or Disobey- Zubby Blog by zubbyman: 8:45am On Jan 05, 2016
In an interview with Vanguard, the NBA said the president’s position on the matter was offensive to the tenets of constitutional democracy, rule of law and presumption of innocence of an accused person.

Buhari had during his first presidential media chat given reasons why both Dasuki and Kanu could not be released from detention.

The presidential committee on anti-corruption led by Professor Itse Sagay had argued that the federal government was not in violation of the rule of law as any bail granted an accused is completely related to the offence which he is charged before the court.

“The way I see it is that any bail granted an accused, is completely related to the offence which he is charged before the court. So, if after he (the accused) has been granted bail and the prosecution discovers another offence for which no bail has been granted, then the accused can be re-arrested. So, that cannot be in violation of a bail, which is in relation to an earlier stated offence,” he said.

The NBA argued that re-arresting someone immediately after the person has been granted bail by the court makes mockery of the country’s democracy which is presumably anchored on the rule of law and separation of powers.

According to Augustine Alegeh (SAN), the president of the NBA, the respect for the rule of law was a must for the government.

He said: “Government has a need to respect the rule of law. As a matter of fact, there is need for government to be in the front burner in the respect for the rule of law. Whoever is unhappy, including government with a pronouncement of the court, has the opportunity of still going back to that court, for the court’s decision to be vacated or appeal to a higher court, but not to undertake to ignore it or carrying on as though nothing has happened or that the court’s order is not binding. That is an unacceptable principle in the rule of law.

“For specific cases in court, it’s not the business of the Nigerian Bar Association to make comments on them, because we have our members on both side and they can decide to speak on the matter, but on the general principle of rule of law, as an association, it is one area we are passionate about, which we feel is very essential.

“So, both government and citizens must subscribe to the principles of rule of law and doing otherwise is not an option. You cannot pick and choose which court order to obey, if you try to do that, you are clearly undermining the principle of rule of law and the obvious consequence will not help the society in anyway.




www.zubbyblog.com/nba-to-buhari-you-cannot-choose-which-court-order-to-obey-or-disobey/
Re: NBA To Buhari You Cannot Choose Which Court Order To Obey Or Disobey- Zubby Blog by nedu2000(m): 9:14am On Jan 05, 2016
The judiciary is one of the most corrupt tier of govt,they've let corrupt officials loose with a slap to the wrist and have frustrated the efforts of the EFCC in the past. The problem is the its difficult to raise any kind of allegation against them for fear of being sued.
Nigerians have lost faith in our judiciary and so have the presidency

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