Distinguishing precedent on legal (rather than fact)
grounds
A precedent does not bind a court if it finds there was
a lack of care in the original "Per Incuriam". For
example, if a statutory provision or precedent had not
been brought to the previous court's attention before
its decision, the precedent would not be binding.
https://en.m.wikipedia.org/wiki/Precedent

Judicial precedent applies to a court if the precedent was set by a superior court or that same court so as to ensure consistency.
In the case at hand, the prosecuting counsel argued that the precedent was set in error(per incuriam), since the judgment was made in error, the court could not be bound by it.
I think if there is no statute of limitation as to appeal, then the CCB should go ahead to appeal tinubu's case, however that would be difficult except the counsel to the CCB argued it then(that the Act that backs invitations and clarification is that of 1978 & not 1999), then I see no way the CCB can win that case, because a shoddy job was done then.
Jacob(SAN) is getting it right by blocking every loopholes to avoid an escape route for the suspect and subsequent suspects.

Hmmm

[s]

OlujobaSamuel:
Distinguishing precedent on legal (rather than fact)
grounds
A precedent does not bind a court if it finds there was
a lack of care in the original "Per Incuriam". For
example, if a statutory provision or precedent had not
been brought to the previous court's attention before
its decision, the precedent would not be binding.
https://en.m.wikipedia.org/wiki/Precedent

Judicial precedent applies to a court if the precedent was set by a superior court or that same court so as to ensure consistency.
In the case at hand, the prosecuting counsel argued that the precedent was set in error(per incuriam), since the judgment was made in error, the court could not be bound by it.
I think if there is no statute of limitation as to appeal, then the CCB should go ahead to appeal tinubu's case, however that would be difficult except the counsel to the CCB argued it then(that the Act that backs invitations and clarification is that of 1978 & not 1999), then I see no way the CCB can win that case, because a shoddy job was done then.
Jacob(SAN) is getting it right by blocking every loopholes to avoid an escape route for the suspect and subsequent suspects.

[/s]

They both commited same offence.
Stop justifying Tinubu's Thievery.

I concur with u.

TippyTop:
[s][/s]

Both commited same offence.
Stop justifying Tinubu's Thievery.

U are left handed in legal matters.

All this na wash. All I want is the case must go on and must be concluded. shekena !!!

sammyj:
All this na wash. All I want is the case must go on and must be concluded. shekena !!!

Sammy how market? Been a while. Have you been globe-trotting like your nomad president?

Make una dey dia dey deceive unaself, Saraki will be discharged and acquainted

TippyTop:
[s][/s]

They both commited same offence.
Stop justifying Tinubu's Thievery.

At least Tinubu submitted himself for trials. Let hin submit himself than jumping from court to the other. Saraki subject your innocence and transpiracy to trial. Prove to whole world that you are innocent.

Counsel is not in a position to tell the court or tribunal that its previous ruling was an error and it stands. Now that arguments have been canvassed the only way to reverse such a precedent is for d tribunal to overrule itself on the matter. In that case, Tinubu will be retried and then Saraki can no longer have recourse to such precedent.

Where d tribunal ignores same and proceeds on trial, that is already a ground for appeal which may be upheld or will have the appellate court directing a retrial of Tinubu of it is an error in law.

TippyTop:
[s][/s]

They both commited same offence.
Stop justifying Tinubu's Thievery.

hmmmmmmmm, are you sure you read what I put up there?
Nigerians, God help una.
seems you can't read where I said tinubu's case should be appealed by CCB.
Also, are you insinuating that because "whosoever" handled tinubu's case did a shoddy job and the suspect was let off, every other suspects should be let off, even if the counsel involve knows his responsibility?
FYI, CCT is not the prosecutor, CCB is, so you alleged and prove to CCT, while suspect disprove, so the judge listens to argument every million time a case comes before it, irrespective of the similarity of the case, it's the counsels duty to argue and convince the CCT on why each of them is right.

pls are you speaking from position of authority or just your opinion? A lawyer can tell a court its previous decision was in error, all he needs to do is to prove it.
see the last proceedings of the subject matter, Rotimi Jacobs did and I cited it in my opening post.
on tinubu, if it's proven in this case that the judgment was per incuriam, the CCB can appeal for a retrial to take place, but it's not CCT's fault that CCB could not get a sound lawyer to argue its case against Tinubu, maybe the counsel then was intimidated by the appearance of Wole Olanipekun, just as Agabi was brought in to intimidate Jacob and Danladi, you know the seniority in law doesn't matter if you are against your senior, you must still address him with respect while arguing your case, but CCB can still appeal if it's interested.

freeze001:
Counsel is not in a position to tell the court or tribunal that its previous ruling was an error and it stands. Now that arguments have been canvassed the only way to reverse such a precedent is for d tribunal to overrule itself on the matter. In that case, Tinubu will be retried and then Saraki can no longer have recourse to such precedent.

Where d tribunal ignores same and proceeds on trial, that is already a ground for appeal which may be upheld or will have the appellate court directing a retrial of Tinubu of it is an error in law.

NaijaLegalAnalyst LegalAnalyst abeg, I need your help

OlujobaSamuel:
pls are you speaking from position of authority or just your opinion? A lawyer can tell a court its previous decision was in error, all he needs to do is to prove it.
see the last proceedings of the subject matter, Rotimi Jacobs did and I cited it in my opening post.
on tinubu, if it's proven in this case that the judgment was per incuriam, the CCB can appeal for a retrial to take place, but it's not CCT's fault that CCB could not get a sound lawyer to argue its case against Tinubu, maybe the counsel then was intimidated by the appearance of Wole Olanipekun, just as Agabi was brought in to intimidate Jacob and Danladi, you know the seniority in law doesn't matter if you are against your senior, you must still address him with respect while arguing your case, but CCB can still appeal if it's interested.
NaijaLegalAnalyst LegalAnalyst abeg, I need your help

That is why I said he cannot just do so and it stands. As arguments for and against the position have been canvassed, the tribunal must rule on it before it stands. It must either follow precedent and discharge Saraki on same grounds, overrule itself and commenced process ofor retrying Tinubu or go ahead and still try Saraki in which case Saraki has a strong ground of appeal.

Jacob's argument in itself is not enough.

OlujobaSamuel:
pls are you speaking from position of authority or just your opinion? A lawyer can tell a court its previous decision was in error, all he needs to do is to prove it.
see the last proceedings of the subject matter, Rotimi Jacobs did and I cited it in my opening post.
on tinubu, if it's proven in this case that the judgment was per incuriam, the CCB can appeal for a retrial to take place, but it's not CCT's fault that CCB could not get a sound lawyer to argue its case against Tinubu, maybe the counsel then was intimidated by the appearance of Wole Olanipekun, just as Agabi was brought in to intimidate Jacob and Danladi, you know the seniority in law doesn't matter if you are against your senior, you must still address him with respect while arguing your case, but CCB can still appeal if it's interested.
NaijaLegalAnalyst LegalAnalyst abeg, I need your help

Are you kidding me...CCB can appeal if they are interested? So why are they only Interested in saraki?

As far as I am concerned both men should be in jail but Tinubu whose case started earlier should lead the way to jail first.

BeardedMeat:
Sammy how market? Been a while. Have you been globe-trotting like your nomad president?

freeze001:


That is why I said he cannot just do so and it stands. As arguments for and against the position have been canvassed, the tribunal must rule on it before it stands. It must either follow precedent and discharge Saraki on same grounds, overrule itself and commenced process ofor retrying Tinubu or go ahead and still try Saraki in which case Saraki has a strong ground of appeal.

Jacob's argument in itself is not enough.

I never said his argument is enough, but if the law the precedent was based on was that of 1978 & not 1999 as argued by Jacob, then the CCT has no option but to rule against saraki, irrespective of previous decision because they are not the one that stopped ccb from citing relevant authority the last time(tinubu)
However, the law is called an asssss for some reasons which I loved. It's obvious there is political undertone, saraki crew should just simply forward a petition for the retrial of tinubu if saraki is convicted as a result of the current argument, but we can't say saraki should be dropped, pick up tinubu, send him to jail, then pick saraki again, robbers will be walking free if we do that.

BlackPeni5:


Are you kidding me...CCB can appeal if they are interested? So why are they only Interested in saraki?

As far as I am concerned both men should be in jail but Tinubu whose case started earlier should lead the way to jail first.

If they are interested that I mean there is not in anyway saying he should be free, pls.
I have no brief for anyone of them, make dem send dem to prison, am not sure I have a family working directly or indirectly under the duo.
am only talking from the perspective of law, that you don't let a suspect in the cage escape just because the previous ones caught escaped.

Both saraki & Tinubu case are same,coz both where not summoned for clarification about the irregularities in their assets declaration bwfore taking them to cct.
infact,saraki case would have served as a correction to tinubus own case if he had being called up for the irregularities found in his asset declaration & if he could not give a proper explaination with evidences then this case would have being sweeter & interesting than it is now.

That guy called Jacobs seems not to be a lawyer. The only authority that can pronounce a judgement erroneous is an appellate court or a judicial review commission. When a judgement has not been vacated or reviewed, it can be cited as a precedence.

PFRB:
That guy called Jacobs seems not to be a lawyer. The only authority that can pronounce a judgement erroneous is an appellate court or a judicial review commission. When a judgement has not been vacated or reviewed, it can be cited as a precedence.

a court can declare its previous decision to be erroneous. the doctrine of judicial precedence as practiced by any nation practicing common law is the same, that's why the cjn can issue a license to a counsel not trained here to defend a case in our nation.
There are exemptions to judicial precedence
1. a subsequent decision by a higher court contradicts it
2. there was different decision from 2higher courts of the same rank.
3. the precedence was set per incuriam.
However, the counsel must state the facts and its authority, for the judge is not a father christmas that will give you what you never request for.

OlujobaSamuel:

a court can declare its previous decision to be erroneous. the doctrine of judicial precedence as practiced by any nation practicing common law is the same, that's why the cjn can issue a license to a counsel not trained here to defend a case in our nation.
There are exemptions to judicial precedence
1. a subsequent decision by a higher court contradicts it
2. there was different decision from 2higher courts of the same rank.
3. the precedence was set per incuriam.
However, the counsel must state the facts and its authority, for the judge is not a father christmas that will give you what you never request for.

please why are we so funny as a nation?
I mean, how could any of the accused be discharged just because they not called for clarification by the CCB? why can't they clarify their case in the courtroom?

OlujobaSamuel:
pls are you speaking from position of authority or just your opinion? A lawyer can tell a court its previous decision was in error, all he needs to do is to prove it.
see the last proceedings of the subject matter, Rotimi Jacobs did and I cited it in my opening post.
on tinubu, if it's proven in this case that the judgment was per incuriam, the CCB can appeal for a retrial to take place, but it's not CCT's fault that CCB could not get a sound lawyer to argue its case against Tinubu, maybe the counsel then was intimidated by the appearance of Wole Olanipekun, just as Agabi was brought in to intimidate Jacob and Danladi, you know the seniority in law doesn't matter if you are against your senior, you must still address him with respect while arguing your case, but CCB can still appeal if it's interested.
NaijaLegalAnalyst LegalAnalyst abeg, I need your help

A judicial precedent is a judgment / decision of court of law cited as an authority for deciding a similar case in the same manner like the previous one. Precedents can be binding or persuasive. But whether the previous precendent was given erroneously or not, the simple fact is that High Court and or CCB is not bound by its previous judgment. The authority is the case of Barclays
Bank v. Hassan (1950) WNLR 293. The case is old but the principle has not changed. Note also that a previous case is only binding in a later case if the legal principle involved is the same and the facts are similar. But the court can distinguish the present case from the previous one. Distinguishing cases means pointing out an essential difference between the present case and the earlier one. I hope this help sorry for the late response I was kind busy.

EastGold:
Make una dey dia dey deceive unaself, Saraki will be discharged and acquainted

Acquainted ke?

EastGold:
Make una dey dia dey deceive unaself, Saraki will be discharged and acquainted

Acquainted ke? With who?

ashjay001:

Acquainted ke? With who?

Bèrè l'ọ́wọ́ ifá

OlujobaSamuel:
pls are you speaking from position of authority or just your opinion? A lawyer can tell a court its previous decision was in error, all he needs to do is to prove it.
see the last proceedings of the subject matter, Rotimi Jacobs did and I cited it in my opening post.
on tinubu, if it's proven in this case that the judgment was per incuriam, the CCB can appeal for a retrial to take place, but it's not CCT's fault that CCB could not get a sound lawyer to argue its case against Tinubu, maybe the counsel then was intimidated by the appearance of Wole Olanipekun, just as Agabi was brought in to intimidate Jacob and Danladi, you know the seniority in law doesn't matter if you are against your senior, you must still address him with respect while arguing your case, but CCB can still appeal if it's interested.
NaijaLegalAnalyst LegalAnalyst abeg, I need your help

It's statuted barred, the CCB can't Appeal against the CCTs decision against Bola Ahmed Tinubu

OlujobaSamuel:

a court can declare its previous decision to be erroneous. [/b]the doctrine of judicial precedence as practiced by any nation practicing common law is the same, [b]that's why the cjn can issue a license to a counsel not trained here to defend a case in our nation.
There are exemptions to judicial precedence
1. a subsequent decision by a higher court contradicts it
2. there was different decision from 2higher courts of the same rank.
3. the precedence was set per incuriam.
However, the counsel must state the facts and its authority, for the judge is not a father christmas that will give you what you never request for.

Even if the CCT declares the Final Judgement of the Federal Republic Of Nigeria VS Bola Tinubu per injuries, such judgement is funtus officio and cannot be overruled by the CCT.
When a Court of Coordinate jurisdiction gives a judgment, such is not binding on courts along similar lines no matter how similar the facts or principles are.

The bolded as per allowing a non lawyer not licensed to practice in Nigeria as never happened before.

adaweezy:

Even if the CCT declares the Final Judgement of the Federal Republic Of Nigeria VS Bola Tinubu per injuries, such judgement is funtus officio and cannot be overruled by the CCT.
When a Court of Coordinate jurisdiction gives a judgment, such is not binding on courts along similar lines no matter how similar the facts or principles are.

The bolded as per allowing a non lawyer not licensed to practice in Nigeria as never happened before.

am sorry for just responding, I was banned by a robot for posting a link for reference on this thread.
@ your last paragraph, it's allowed, Econet or a multinational used it. The CJN has the power to grant a waiver in that regards. Check for law practice in Nigeria online.
@ our topic, I'm sorry, I can't post that link again, I don't know why I was banned by spam bot for it, probably because of the the mix up of so many things in uppercase and lowercase plus the use of jargon that is not english words.
The Supreme Court held that a court can't retry a case it already ruled on if it's discovered that judgment was made per incuriam, however, it can set it aside and such precedent can't be use by that court, concurrent court or lower court.
Any matter ruled on is final, and final in the sense that it can't be reopened by that court, concurrent court or lower court.
I already sent a mail to the mods to see if any of them can help with the posting of the supreme court judgment, or if you can also help, I won't mind.

OlujobaSamuel:

am sorry for just responding, I was banned by a robot for posting a link for reference on this thread.
@ your last paragraph, it's allowed, Econet or a multinational used it. The CJN has the power to grant a waiver in that regards. Check for law practice in Nigeria online.
@ our topic, I'm sorry, I can't post that link again, I don't know why I was banned by spam bot for it, probably because of the the mix up of so many things in uppercase and lowercase plus the use of jargon that is not english words.
The Supreme Court held that a court can't retry a case it already ruled on if it's discovered that judgment was made per incuriam, however, it can set it aside and such precedent can't be use by that court, concurrent court or lower court.
Any matter ruled on is final, and final in the sense that it can't be reopened by that court, concurrent court or lower court.
I already sent a mail to the mods to see if any of them can help with the posting of the supreme court judgment, or if you can also help, I won't mind.

The CCT is simply not obliged to follow it's own judicial precedence, I didn't know of any such waiver granted
If you are on Twitter message me @adavizealao, we should talk more

EastGold:

Bèrè l'ọ́wọ́ ifá

Issokay, direct me to a reliable one.
In-btw, acquited ni.