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Chief Judge Bars Magistrates From Granting Remand Orders To EFCC - Politics (4) - Nairaland

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Re: Chief Judge Bars Magistrates From Granting Remand Orders To EFCC by jimmayoy: 11:32am On Jan 13, 2016
Mr Cheif judge What do u expect,When thieves ll be arrested and arraigned,after getting bail they ll now approach another court challenging the jurisdiction and competence of the former court that granted them bail to hear or entertain their case,those corruption cases dies a natural death after dragging for yrs, Mr chief judge i did not hear you say anything on order of stay of proceedings which is why many corrupt politicians are walking free today, anyway when u fight corruption corruption fights back. Before now politicians were never afraid of the courts and maybe judges were always smiling to their banks, the story hv changed now,maybe Mr president is doing something right and i know some enemies of progress ll surely kick against such moves.
God bless Nigeria, it's our time, one thing am sure of is that after Buhari's govt, Nigeria ll never be the same again ,let's support this govt.Thank God for freedom of speech, freedom after speech is what am still worried about.
Re: Chief Judge Bars Magistrates From Granting Remand Orders To EFCC by dom(m): 11:40am On Jan 13, 2016
omenka:
Does he have the powers to give such "order"?? A judge has the discretion to grant judgements based on the facts before him and the merits of the applicant's prayers.

If he can do this, what stops him from saying "stop passing a guilty verdict on suspects"??



Ps: funny how these guys still look to "Tinubu's lying propaganda media" to promote their course.

These same guys would rip thenation apart if anything anti PDP is reported.

Such funny sets of people. cheesy

I doubt if ur a lawyer. have u heard the word "jurisdiction" before? do u know how it operates?

1 Like

Re: Chief Judge Bars Magistrates From Granting Remand Orders To EFCC by CioAngels(f): 11:44am On Jan 13, 2016
Thank God we still have sane judges in nigeria. Our noble chief judge ishaq bello confirmed this. The insane judges may not understand or they do but prefer to sell their integrity.

1 Like

Re: Chief Judge Bars Magistrates From Granting Remand Orders To EFCC by Lionsclaw: 12:00pm On Jan 13, 2016
allanphash7:
Good
This kind of mindset is what makes Buhari unqualified to be president. He acts based on bitterness which makes him look for loopholes to beat the law. He would rather have his way than follow the law obediently to achieve a noble course.

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Re: Chief Judge Bars Magistrates From Granting Remand Orders To EFCC by snailspeed: 12:08pm On Jan 13, 2016
edupedia:
...a few people like Falae HAVE CONFESSED THEY GOT THE MONEY AND ARE NOT INTERESTED IN DRAMA LIKE METUH...those confessions show that DASUKI must be held in the interest of the public... by the way whose interest is greater?...

Admitted they got which money? Money from security vote? Is that a crime?

1 Like

Re: Chief Judge Bars Magistrates From Granting Remand Orders To EFCC by snailspeed: 12:10pm On Jan 13, 2016
Bolashodun:
Imagine you or any of your love one are among those that were killed by the terrorist which is avoidable if the money shared by Dasuki and co were used judiciously. How will you fill? Imagine your parents in IDP camp because of greed of some people. Be reasonable. They are crying to Judiciary because they know damage they have done to the system will favour them.

Who told you it is because of security vote money that people are in IDP or soldiers were killed? That is nonsense propaganda
Re: Chief Judge Bars Magistrates From Granting Remand Orders To EFCC by Vivalavida99(f): 12:22pm On Jan 13, 2016
snailspeed:


They are all innocent until proven guilty!!! What is wrong with some of you? Didnt you attend a school?

You are quoting cases like it has been proven already! Are you saying what you just listed is truth because EFCC said so? Isnt the court the right place to prove if it is true or not? Some of you are so stone age people!

Pls tell them... just because you support the government of the day shouldn't make you act or think like a troglodyte, these APC apologist wants to throw our constitution in the bin and act with impunity. Everyone that loves this country should speak out.
Re: Chief Judge Bars Magistrates From Granting Remand Orders To EFCC by yomexp(m): 12:25pm On Jan 13, 2016
omenka:
Does he have the powers to give such "order"?? A judge has the discretion to grant judgements based on the facts before him and the merits of the applicant's prayers.

If he can do this, what stops him from saying "stop passing a guilty verdict on suspects"??



Ps: funny how these guys still look to "Tinubu's lying propaganda media" to promote their course.

These same guys would rip thenation apart if anything anti PDP is reported.

Such funny sets of people. cheesy
Bros no news here. this order is for the " magistrate courts "
High courts will do the needful.
Re: Chief Judge Bars Magistrates From Granting Remand Orders To EFCC by DIKEnaWAR: 12:32pm On Jan 13, 2016
omenka:
Does he have the powers to give such "order"?? A judge has the discretion to grant judgements based on the facts before him and the merits of the applicant's prayers.

If he can do this, what stops him from saying "stop passing a guilty verdict on suspects"??



Ps: funny how these guys still look to "Tinubu's lying propaganda media" to promote their course.

These same guys would rip thenation apart if anything anti PDP is reported.

Such funny sets of people. cheesy


He has. It is called Rules of Administrative Procedure and Practice.

Besides, Magistrate's Courts do not have the Jurisdiction to try or punish for capital offences.
Re: Chief Judge Bars Magistrates From Granting Remand Orders To EFCC by onosmat: 12:47pm On Jan 13, 2016
Too much insistence on the application of the rule of law. The rule of law was in place before the treasury was looted. Did the looters follow the rule of law? What did those advocates of the application do to stop them. Are we saying that nothing was stolen from the treasury? Let the president fight corruption the best way he can. That is why we voted him. The end will justify the means. Nigeria is not that sane society we are talking about.
Re: Chief Judge Bars Magistrates From Granting Remand Orders To EFCC by omenka(m): 1:04pm On Jan 13, 2016
DIKEnaWAR:



He has. It is called Rules of Administrative Procedure and Practice.

Besides, Magistrate's Courts do not have the Jurisdiction to try or punish for capital offences.
I have tried to ignore most of these comments but you guys would simply keep hovering around me.

Does corruption carry a capital punishment??

Make una leave me alone abeg. I have said what I've said. If you people don't like it, then ignore it, state yours, and move on. Is that too difficult a thing to do??

Na wa oo!
Re: Chief Judge Bars Magistrates From Granting Remand Orders To EFCC by DIKEnaWAR: 1:24pm On Jan 13, 2016
omenka:
I have tried to ignore most of these comments but you guys would simply keep hovering around me.

Does corruption carry a capital punishment??

Make una leave me alone abeg. I have said what I've said. If you people don't like it, then ignore it, state yours, and move on. Is that too difficult a thing to do??

Na wa oo!


Sorry I mentioned you. I only thought you were seeking a genuine answer to a question.

He didn't ask them not to try for corruption. He asked that they should stop trying for offences that carry the capital punishment I.e armed robbery and murder .

He also asked them to stop giving remand orders cos the law stipulates that an Accused should be tried within 24hrs or 48hrs if there is no court within a 20km radius of where the suspect is detained. He is the Chief Judge of the FCT and will not sit down while his subordinates flout the law they swore to protect.

On a final. Note, don't let your support of a government turn you to a fo.ol. I support PMB in his corruption war but it must be within the armbit of the law.

1 Like

Re: Chief Judge Bars Magistrates From Granting Remand Orders To EFCC by omenka(m): 1:30pm On Jan 13, 2016
DIKEnaWAR:



Sorry I mentioned you. I only thought you were seeking a genuine answer to a question.

He didn't ask them not to try for corruption. He asked that they should stop trying for offences that carry the capital punishment I.e armed robbery and murder .

He also asked them to stop giving remand orders cos the law stipulates that an Accused should be tried within 24hrs or 48hrs if there is no court within a 20km radius of where the suspect is detained. He is the Chief Judge of the FCT and will not sit down while his subordinates flout the law they swore to protect.

On a final. Note, don't let your support of a government turn you to a fo.ol. I support PMB in his corruption war but it must be within the armbit of the law.

Let me also use this opportunity to say this. I understand that EFCC has been bringing some cases to you and you have been granting them remand orders. You must no longer do this from today.
That is the order I'm talking about.

You lot just jump into stuffs without first knowing what one is talking about.

On a final note, don't let your hatred for a government turn you and your family into fo.ols.

Thank you.
Re: Chief Judge Bars Magistrates From Granting Remand Orders To EFCC by KMJY(f): 2:00pm On Jan 13, 2016
When we said what Buhari is doing is against the law, some people including Esau Barcanister yelled on us. Now u see what we're talking. The principle of Audi Alteram Paterm was violated all in the name of fighten the opposition. I for one won't be disturbed if due process is followed in dealing with looters of our treasury. A thief, even a murderer who is caught right handed, is assumed innocent untill proven guilty in the court of competent jurisdiction

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Re: Chief Judge Bars Magistrates From Granting Remand Orders To EFCC by gogodaye(m): 2:50pm On Jan 13, 2016
Kiakia:
This order or directive does not carry weight. Such oral directive on such an important issue that has to do with the administration of criminal justice cannot be made off-handedly in such an environment. The Chief Judge has to issue a Practice Direction to this effect if he is really serious about precluding magistrates from granting Remand orders against persons accused of committing an offence. Even at that, issuing such Direction will run contrary to the intents of ACJA which did not preclude magistrates from exercising their discretion in this regard.

You got it all wrong.....The Chief Judge of the High Court of the Federal Capital Territory is the administrative Head of the FCT Judiciary. Secondly the provisions of the Constitution of the Federal Republic of Nigeria,1999 [As amended], the FCT High Court Act as well as Section 490 of the ACJA, imbue in the occupant of this High Judicial office with the enabling powers acting alone in his capacity as the Chief Judge of the High Court of the FCT or in consonance with the other members of the Administration of Criminal Justice Monitoring Committee (of which he is the statutorily designated Chairman)to make Rules and Practice Directions in respect of matters relating to the effective implementation of the provisions of the ACJA.......
The Federal Prisons in Suleja [Niger State], Kuje [FCT] and the facility in Keffi [Nasarawa state] are all federal prisons where both yet to be formally convicted awaiting trial and formally convicted prisoners are held in custody whenever they are tried in either the Magistrates and High Courts which are all under the supervision of the Chief Judge of the High Court of the Federal Capital Territory........

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Re: Chief Judge Bars Magistrates From Granting Remand Orders To EFCC by DIKEnaWAR: 2:54pm On Jan 13, 2016
omenka:


That is the order I'm talking about.

You lot just jump into stuffs without first knowing what one is talking about.

On a final note, don't let your hatred for a government turn you and your family into fo.ols.

Thank you.


Suit yourself! As a layman you might understand the position of His Lordship if you read without bias, but your perception is coloured by your loyalty to a cause.

We'll have another conversation about this in two years time(if God keeps us alive). Probably not on nairaland.

1 Like

Re: Chief Judge Bars Magistrates From Granting Remand Orders To EFCC by cckris: 3:03pm On Jan 13, 2016
If Nigeria survives the destructive tendencies of this President, we can become a great nation.

1 Like

Re: Chief Judge Bars Magistrates From Granting Remand Orders To EFCC by sweetgala(m): 3:21pm On Jan 13, 2016
LadyExcellency:


Actually I don't reply people like you in relation to the submission you quoted because you are part of the problem.

Yes, PDP gains are so glaring to be dismissed in every spheres of constitutional democracy which is not to say they were perfect and should be shielded from prosecution.

Justice is served better by following the rule of law.

PDP Handed Nigeria Over In A Better State Than It Met Nigeria - Soludo

Some excerpts from Soludo's 2016 submissions on progress made so far in Nigeria:


Ofcause PDP handed Nigeria over in a better state, what we had before then was a military government which looted our common wealth with reckless abandon.

What we should ask ourselves is did PDP do it's best, because being second last is never a place to be proud of, in 16 years we made progress but we should have gone much further; it is going to cost the FG & china $500 million to build the four new Int airport terminals, that is a quarter of what we now know Dasuki shared for election purposes, we still have the case of Deziani, we have the 12billion NNPC missing money not accounted for.Corruption did not start with GEJ, it was rampant during OBJ and Yar'adua too but at least it was somewhat modest

So please when you want to speak on success, be careful as the lives of many Nigerians depends on it.We don't have hospitals that work, I've lost relatives to poor healthcare system in Nigeria so please be careful, our roads are still suicide missions , there is high level unemployment and severe insecurity, people are still getting kidnapped all over especially in the SE and SS areas.

So when you talk of progress please be careful. Let's see what APC can do with their opportunity, otherwise we'll have a failed state.
Re: Chief Judge Bars Magistrates From Granting Remand Orders To EFCC by LadyExcellency: 3:35pm On Jan 13, 2016
sweetgala:


Ofcause PDP handed Nigeria over in a better state, what we had before then was a military government which looted our common wealth with reckless abandon.

What we should ask ourselves is did PDP do it's best, because being second last is never a place to be proud of, in 16 years we made progress but we should have gone much further; it is going to cost the FG & china $500 million to build the four new Int airport terminals, that is a quarter of what we now know Dasuki shared for election purposes, we still have the case of Deziani, we have the 12billion NNPC missing money not accounted for.Corruption did not start with GEJ, it was rampant during OBJ and Yar'adua too but at least it was somewhat modest

So please when you want to speak on success, be careful as the lives of many Nigerians depends on it.We don't have hospitals that work, I've lost relatives to poor healthcare system in Nigeria so please be careful, our roads are still suicide missions , there is high level unemployment and severe insecurity, people are still getting kidnapped all over especially in the SE and SS areas.

So when you talk of progress please be careful. Let's see what APC can do with their opportunity, otherwise we'll have a failed state.

We now have APC for comparison. Let's wait as we pray for success.

What we shouldn't entertain is excuses. If PDP generated the income they utilized and also embezzled then APC should stop crying like lazy child who blames his failures in life on the parent's inability to leave him with large inheritance and estates.
Re: Chief Judge Bars Magistrates From Granting Remand Orders To EFCC by sweetgala(m): 4:02pm On Jan 13, 2016
LadyExcellency:


We now have APC for comparison. Let's wait as we pray for success.

What we shouldn't entertain is excuses. if PDP generated the income they utilized and also embezzled then APC should stop crying like lazy child who blames his failures in life on the parent's inability to leave him with large inheritance and estates.

May I ask how old you are, I would like you to take a day o two, walk around your community perceive the poverty, anger, depression desperation, unemployment,bad infrastructure and then come back an read why you typed above and then reaon it again.

PDP did not generate jack, they simply collected money from oil revenues, your money,my money our collective money and rather than invest in our collective lives, build roads, build schools, hospitals invest in the future of you and my kids, some of them looted our future, this is not a crime peculiar to PDP because so many APC leaders did also, but for you to stand up and defend such an absurdity is a shame.

No I know why Nigeria is in a poor state, because of the poor state of mind of the electorate, you have just in one sentence excused the corruption of the past 55 years in Nigeria away.

I'm saddened by what you typed, leave PDP or APC our of it, what you just reaoned is below what is expected of an honest citizen of Nigeria
Re: Chief Judge Bars Magistrates From Granting Remand Orders To EFCC by TheAdvocate(m): 4:28pm On Jan 13, 2016
omenka:
Does he have the powers to give such "order"?? A judge has the discretion to grant judgements based on the facts before him and the merits of the applicant's prayers.

If he can do this, what stops him from saying "stop passing a guilty verdict on suspects"??



Ps: funny how these guys still look to "Tinubu's lying propaganda media" to promote their course.

These same guys would rip thenation apart if anything anti PDP is reported.



Such funny sets of people. cheesy

Do the magistrates have jurisdiction to try the cases? What is the monetary jurisdiction of a Magistrate? Don't put mouth in matters yu don't know anything about.
Re: Chief Judge Bars Magistrates From Granting Remand Orders To EFCC by LadyExcellency: 5:18pm On Jan 13, 2016
sweetgala:


May I ask how old you are, I would like you to take a day o two, walk around your community perceive the poverty, anger, depression desperation, unemployment,bad infrastructure and then come back an read why you typed above and then reaon it again.

PDP did not generate jack, they simply collected money from oil revenues, your money,my money our collective money and rather than invest in our collective lives, build roads, build schools, hospitals invest in the future of you and my kids, some of them looted our future, this is not a crime peculiar to PDP because so many APC leaders did also, but for you to stand up and defend such an absurdity is a shame.

No I know why Nigeria is in a poor state, because of the poor state of mind of the electorate, you have just in one sentence excused the corruption of the past 55 years in Nigeria away.

I'm saddened by what you typed, leave PDP or APC our of it, what you just reaoned is below what is expected of an honest citizen of Nigeria

Stop being sentimental, the world bank and millennium development appraisal attest to the fact the PDP reduced poverty by half in Nigeria.

Your judgment is laden with hypocrisy and sentiment hence your ability to undertake a proper assessment is lost.

We have the indices for the assessments and we have the records and commendations from international bodies to attest to this.

Polio and many infants related diseases have either been eradicated or reduced to barest minimum. Spending power increase by 10,000% while the percentage of middle-class quadrupled.

Education is free to JS3 by the FG and many more. There are many scholarship schemes.


The statistics APC questioned when they were in the opposition is the same one Buhari boasted with when he was in UK and US last year, the same was cited during the last budget presentation by the President hence the hypocrisy was all about politics.

Can you imagine Amaechi saying he wasn't aware of the giant strides in rail transportation when he was flagging off train from Portharcourt to Aba recently. This same denial was/is typical of all APC sycophants and I have nothing to tell them than sorry.
Re: Chief Judge Bars Magistrates From Granting Remand Orders To EFCC by billyG(m): 6:15pm On Jan 13, 2016
snailspeed:


Admitted they got which money? Money from security vote? Is that a crime?
Dnt b a fool which security votes does ,metuh,Jim,George,falae look like a Arm dealers to u,security vote frm thieves who bust CBN & looted our common wealth!did dey giv yur jobless self a dime?
Re: Chief Judge Bars Magistrates From Granting Remand Orders To EFCC by Nobody: 4:59pm On Mar 20, 2016
freeze001:


U need to understand the workings of the judiciary. First, the magistrate court is not one of superior record. That is reserved for the High Court on to the Supreme Court. The Magistrate court is under the supervision of the Chief Judges of the states they are in. The Chief Judge of the High Court also provides the practice rules and procedures for magistrate courts which they are bound by.

Now,the orders by the magistrate courts to hold a person pending investigation without any formal charge is tantamount to what is called a 'Holding Charge' that has been declared illegal and contrary to equity and good conscience by the superior courts of record.

The Magistrate courts do not have jurisdiction over certain capital offences and should therefore not exercise jurisdiction in any guise. However, the EFCC and DSS exploit this seeming ignorance to detain a person under investigation ad infinitum until when they are ready. That power lies with the High Court especially in matters where d magistrate court doesn't have jurisdiction.
That is why after playing that trick and Nnamdi Kanu was granted bail by the magistrate court, they ran to the High Court and secured a 90 day order then remembered that the magistrate doesn't have jurisdiction to entertain the matter. Knowing that was the case, they ought not to have approached the magistrate court in the first instance and d court should have recused itself and not exercised any jurisdiction.

Also whether u admit or not, Nigerian security agencies are known for their torture practices and the tendency to force anyone to write damning statements under duress. They then build their case under such statement and then the courts have to grapple with whether it was a willing confessional statement or obtained under duress. The court records are replete with cases thrown out for such reasons especially when d prosecuting agency is not diligent enough to prove its case beyond reasonable doubt or never had any case fro the first instance. Now this only happens when the defendant is left in the custody of the security agencies or in prison ad infinitum. It is also why they don't do their jobs properly before running off half-cocked and their cases get thrown out on avoidable issues.

Proper procedure is to release a suspect on bail for bailable offences by a court vested with requisite jurisdiction to do so. Detaining a person in flagrant disregard of such orders n procedure contravenes the constitutional provision of innocence until proven guilt by a competen court. It also means a person is punished before he is actually declared guilty and then d courts may sentence such a person to time already served. Is that proper? It is not ur place or that of any security agency to declare a person guilty. That is the constitutional duty of the courts.

The Chief Judge is therefore in perfect order to issue directions to the Magistrate court as to what to do and what not to do. It is within the ambit of what a court has jurisdiction over that it exercises its discretion not just over any case before it.

Always trying to teach people judicial processes. ..
Re: Chief Judge Bars Magistrates From Granting Remand Orders To EFCC by freeze001(f): 5:02pm On Mar 20, 2016
[s]
daylife7:


Always trying to teach people judicial processes. ..
[/s]

undecided
Re: Chief Judge Bars Magistrates From Granting Remand Orders To EFCC by Nobody: 5:06pm On Mar 20, 2016
freeze001:
[s][/s]

undecided
I actually took tym to go through ur contributions to different topics...u aint a bad person afterall....
sorry about d insults...first time am apologising on NL
Re: Chief Judge Bars Magistrates From Granting Remand Orders To EFCC by freeze001(f): 10:21pm On Mar 20, 2016
daylife7:

I actually took tym to go through ur contributions to different topics...u aint a bad person afterall....
sorry about d insults...first time am apologising on NL

Apology accepted

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