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CCT Trial: Why Saraki Cannot Be Allowed To Go Like Tinubu – Justice Umar - Politics (4) - Nairaland

Nairaland Forum / Nairaland / General / Politics / CCT Trial: Why Saraki Cannot Be Allowed To Go Like Tinubu – Justice Umar (24371 Views)

CCT Dismisses Saraki’s Motion Seeking To Disqualify Justice umar / Saraki: ‘you Have No Power To Summon Justice Umar’, SERAP Tells Senate / Why Saraki Will Survive At The Supreme Court (2) (3) (4)

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Re: CCT Trial: Why Saraki Cannot Be Allowed To Go Like Tinubu – Justice Umar by Nobody: 9:50am On Mar 25, 2016
focus7:
Some children of hate from SE will not like the news that Tinubu's trial was an error as they hold the belief that Tinubu is corrupt.
meaning? Wen u notice error, wot do u do? Bring Tinubu back B4 CCT and re-try or prosecute d judge that freed tinubu
Re: CCT Trial: Why Saraki Cannot Be Allowed To Go Like Tinubu – Justice Umar by Nobody: 9:54am On Mar 25, 2016
compoundcc:




DIRTY TINUBU, Money can't wipe clean the black dirty stain of many year of smoking marijuna (IGBoo)








Re: CCT Trial: Why Saraki Cannot Be Allowed To Go Like Tinubu – Justice Umar by anonimi: 9:56am On Mar 25, 2016
teepain:
GEJ had tried his best and he is gone but one of his undoing is that he is a pacifist as he would rather cut deals and pacify people instead of making hard decisions.

The case of Tinubu is shameful to the extent that the only case that the FG through CCB could prefer against him was that of OPERATING INACTIVE FOREIGN ACCOUNTS. There was no case of illegally acquired asset, false declaration or anticipatory declaration of assets and yet the former President's men (who should know) alleged serious corruption against Tinubu. The question is why did their principal (GEJ) not act on those allegations?

Whenever a corrupt politician is prosecuted, Heavens and the masses rejoice because the kingdom of looters is decimated.

As long as the culprit committed the offence, he or she should be prosecuted regardless of witch hunting or selective prosecution claims.

Any party that finds its candidate in Aso Rock in the future should remember this and therefore prosecute the looters of our collective wealth.

Lastly, Nigerians shouldn't bother themselves about the political party, tribe or ethnicity of any looter under trial, the only thing that matters is that the prosecution must prove that the crimes were actually committed.


Copy Ngenekwenu, firefire, TonyeBarcanista, Anonimi, Modath

You made valid points except about Jonathan being pacifist.
I would rather say he is a SYSTEMATIC person who preferred to build strong, democratic INSTITUTIONS instead of playing strong man that has only taken us in endless circles but NOT forward.
One such institution is the JUDICIARY.
The question many fail to ask is how will EVIDENCE of Tinubu's CORRUPTION be obtained when he has Lagos state in his pocket



www.nairaland.com/attachments/2761086_thief_jpegfa5a8983f640aa30ef083e7a4f98b900
Re: CCT Trial: Why Saraki Cannot Be Allowed To Go Like Tinubu – Justice Umar by lordmans(m): 9:59am On Mar 25, 2016
IsraeliAIRFORCE:



CCB should then appeal.

Nigerians should force Code of Conduct Bureau to appeal the judgment to a higher court that will inturn order for a retrial.

This is just as simple as ABC. Every Nigerian must be judged by the same rule of law

It is simple indeed but u dont seem to understand d simplicity of 'double jeopardy'. The case cant be revisited.

But talking about Saraki, I'm appalled at the way d youth are sympathising with him. Ignorance is only responsible for d unnecessary hoopla abt Tinubu cos in my own opinion d apc-led govt is setting an antecedent which in d long run will catch up with d thieves in dere clan. Let Buhari clears all the thieves in pdp and elsewhere, wen dere is no more and sanity has been restored to the country where merit is d other of d day, even the rats in d apc will have no hiding place. It worked in chile, remember what happened to Augusto Pinochet in his old age.

Lets loose no sleep off Saraki at all. By now he should have resigned from his seat. Come and explain irregularity in ur statement and he is busy running from pillar to post. Then he is guilty! I thought he was a fine man whom we can model our new Nigeria upon.

Let Saraki be brought to justice. The days of d other dogs will come too. We need sth to deter ds thieves.

Old horse like Agabi are no good for ds nation. So he knew all ds while Tinubu benefited from an inconsistency in d legal framework and he had been parleying with d same ppl?

We need to free ourselves from d clutches of ds madmen.

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Re: CCT Trial: Why Saraki Cannot Be Allowed To Go Like Tinubu – Justice Umar by lordmans(m): 10:10am On Mar 25, 2016
It is only in Nigeria you see this kind of madness. A thief claiming he should be free cos another escaped couple of years back.

Saraki should vacate that seat and all those irresponsible senators who ought to have advised him to put the matter to rest by giving his side of d coin and were junketing with him to d courts shd be recalled by dere constituencies. We need sanity for goodness sake.

Lets start from somewhere!

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Re: CCT Trial: Why Saraki Cannot Be Allowed To Go Like Tinubu – Justice Umar by TheLegal(m): 10:43am On Mar 25, 2016
modath:



Chief, set aside personal feelings & familiarise yourself with the concept in law referred to as "double jeopardy"

Would clear you of some things, fresh evidence is the key here.

Double jeopardy will not avail Tinubu, he was merely discharged and not acquitted. what is the effect of a discharge? An accused who is discharged can be tried again. I would advise you to go and familiarise yourself with the doctrine of double jeopardy and the factors to consider before applying it.

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Re: CCT Trial: Why Saraki Cannot Be Allowed To Go Like Tinubu – Justice Umar by abimic(m): 11:08am On Mar 25, 2016
2n2k:


Code of Conduct BUREAU is not a court just an executive body. It is the Code of Conduct TRIBUNAL that is a court. The Bureau took the case to the Tribunal for judgement, so it is a prosecuting party.
Yes, but a court cannot grant two judgments on a particular case. The only thing I know is, if one feels aggrieved, he should appeal in a higher court and not same court. So, except fresh charges are brought, but here on tinubu, no fresh charges other than the former Charges and claims that, justice was served in error. So, that's not enough to retry him. I've seen instances where someone committed a heinous crime and was granted bail, later to be exonerated of his crimes, why? because of his legal defense before the judge.

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Re: CCT Trial: Why Saraki Cannot Be Allowed To Go Like Tinubu – Justice Umar by nnachukz(m): 11:23am On Mar 25, 2016
prof12:


LET US NOT FORGET THAT TINUBU'S CASE WAS TRIED UNDER THE LAST CORRUPT PDP GOVERNMENT AND ONLY GOD KNOWS WHAT TRANSPIRED BETWEEN TINIBU AND JONATHAN'S ADMINISTRATION THEN.
THIS IS A NEW GOVERNMENT THAT PROMISED TO CLEAN NIGERIA OF CORRUPTION AND YOU WANT THEM TO COMMIT THE SAME COSTLY MISTAKE.
NOT TO FORGET IN THIS GOVERNMENT STEALING IS CORRUPTION
cleaning up a mess includes righting noticeable wrongs. Picking up Tinubu doesn't mean making the same mistake rather it means correcting accepted wrongs. If they are sincere, they know what to do. Let's justice be seen to have been done. Let the pretence stop.

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Re: CCT Trial: Why Saraki Cannot Be Allowed To Go Like Tinubu – Justice Umar by manup: 11:33am On Mar 25, 2016
tosin2013:
This danladi umar guy!

I hope hes life is not in danger o. Cos the sarki we know is a very desperate man.

Very good judgement however. Cos a thief ran away, does not mean another thief should be let go.

Very good judgement. Saraki may the gods save you from this pit u enter.
I believe in equality. This is chains gvt or sorry change things should be done right.
#Tinibu should be retried ASAP.

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Re: CCT Trial: Why Saraki Cannot Be Allowed To Go Like Tinubu – Justice Umar by IYANGBALI: 11:39am On Mar 25, 2016
Salaki is prison bound

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Re: CCT Trial: Why Saraki Cannot Be Allowed To Go Like Tinubu – Justice Umar by Deen77: 11:48am On Mar 25, 2016
Fire15:

All persons pummeling the CCT over the BAT verdict, are really missing the point. Have they taken time to look at the charges preffered against Tinubu? The government came up with foreign accounts that belong to his immediate family, wife and kids, and some account belonging to him, that were operated while he was holding public office.
The whole essence of BAT arraignment, was to embarrass him, bring him to odium and opprobrium, see him docked and have his picture splashed on the front page of Newspapers.
The case of Saraki, is not about having unoperated foreign accounts, but operating foreign accounts, and even diverting state monies into such accounts to buy properties abroad on one hand, and on the making false and anticipatory declarations of properties.
Saraki need not fear after all, he can always appeal the judgement of the CCT. Am certain, the mind bugling expositions is what, he wants to deprive us of.

Don't mind them, 4 count changes to 13 count changes, if they free Saraki for 4 what of d other 9.

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Re: CCT Trial: Why Saraki Cannot Be Allowed To Go Like Tinubu – Justice Umar by tola268: 11:48am On Mar 25, 2016
HungerBAD:
President of the Nigerian Senate on Thursday, a day after he led the National Assembly to pass the 2016 Appropriation Act.

The Code of Conduct Tribunal spoilt the fun for Saraki who has been receiving commendations from his party chiefs over the passage of the budget as it refused the entreaties of the Senate President to quash his trial over the 13 count charges of false assets declaration preferred against him by the Federal Government.

Justice Danladi Umar, Chairman of Code of Conduct Tribunal had stopped the Senate President’s second attempt to stop his trial when it held that the charges preferred against the Senate President was valid and competent in law in his ruling on Saraki’s motion challenging the jurisdiction of the Tribunal to try him.

The judge noted that the Act establishing the CCT as well as the 1999 constitution, as amended, conferred the Tribunal with the requisite jurisdiction to hear and determine allegations bordering on breach of code of conduct by public officers.

On Saraki’s argument that the FG waited for over 13 years before instituting the charge against him, Justice Umar held that there is no time frame for the prosecution of a criminal offence.

In asking the Tribunal to free him of the charges, the Senate President had cited the case of Bola Ahmed Tinubu, the former governor of Lagos State who was arraigned before CCT in 2011, but was discharged after only two appearances in the Tribunal.

Kanu Agabi, the Senate President’s lawyer had argued that Tinubu was freed by the Tribunal then because FG failed to fulfil necessary condition precedents capable of conferring jurisdiction on it to hear the substantive charge.

According to Agabi, the tribunal had in the case against Tinubu, noted that the Code of Conduct Bureau, CCB, which recommended the prosecution, ought to have invited the defendant to clarify discrepancies in the assets he declared, before the charge was initiated and consequently discharge him.

Like Tinubu, Agabi said his client was also not invited to clarify the allegations against him.

“My lord he has not been invited up till now. That was the same reason you gave for allowing Tinubu to go home, on the ground that ten other governors were invited by the CCB to make clarifications on discrepancies in the assets they declared.

“But till now, the defendant here, who is the Senate President of this country has not been invited. It is our position that the law is not discriminatory”, Agabi submitted.

He also argued that the laws establishing CCB mandated it to summon anyone perceived to have falsely declared his assets to give explanations.

“The defendant was never afforded such opportunity, not even a chance to kneel down and apologise”, said Agabi who added that the charge was politically motivated and instituted in bad faith.

Failure of the Bureau to summon Saraki to give explanations, Agabi argued was fatal to the charge.

But in his ruling on Friday, Justice Umar said the former Lagos State Governor was discharged in error in 2011.

“The tribunal has since realised that the decision it made on the case between FRN vs Tinubu was in error and has clearly departed from it”.
“It is not out of place for the prosecution to charge the defendant now. The application to quash the charge is hereby refused. The tribunal hereby re-inforce its jurisdiction in line with the constitution an section 3(d) of the CCB &Tribunal Act.

“Accordingly, the prosecution is hereby ordered to produce its witnesses for the trial of the defendant to commence immediately,” Justice Umar held.

“Tinubu’s case was based on 1979 law and the Tribunal having realised its mistake more than three years ago upturned the decision and said they made a mistake, that it was an error and that it was given without considering the 1999 Constitution,” Rotimi Jacobs, the Prosecution Counsel said while giving further elucidation to the Tribunal’s ruling to journalists.

Jacobs who had argued along this line to oppose Agabi’s request that his client should be allowed to go home based on the decision of the court on former Lagos State governor added that The Tribunal had in two other cases decided in 2012 and 2014 overturned the decision.

“If it was the Chairman of the Tribunal that was in error, should we follow the error? He has corrected it in two other judgments,” Jacobs who also said the Federal Government is ready to pursue the case against the Senate President at any other court added


http://www.pmnewsnigeria.com/2016/03/24/cct-trial-why-saraki-cannot-be-allowed-to-go-like-tinubu-justice- umar/
See what type of govt. we are practising in Nigeria: Animal farm type of govt. 'All animals are equal but some are more equal than others'- George owel. Tinubu's case & Saraki's case, Ibrahim Larmode's case & Dazuki's case, some past governors indicted while some were not. God is watching

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Re: CCT Trial: Why Saraki Cannot Be Allowed To Go Like Tinubu – Justice Umar by Deen77: 11:51am On Mar 25, 2016
udosoft:
from the comments i hv read so far, most of us admits that Tinubu is currupt but because he was tried in the regime of an ineffectual buffon ''as claimed'', he should go free, sighs.....

Understanding Nigerians is like understanding women,

let justice prevail...

Capital No, because judgment is not pass and remember he can Appeal the decision to Supreme court.
Re: CCT Trial: Why Saraki Cannot Be Allowed To Go Like Tinubu – Justice Umar by Deen77: 11:54am On Mar 25, 2016
focus7:
Some children of hate from SE will not like the news that Tinubu's trial was an error as they hold the belief that Tinubu is corrupt.

No judgment and he can Appeal. Admitting is not a final judgment, they are other part of argument that we follow.
Re: CCT Trial: Why Saraki Cannot Be Allowed To Go Like Tinubu – Justice Umar by Rexology: 11:55am On Mar 25, 2016
slyzy:


See how u are revealing ur ignorance in full glare of the public. How can court of conduct bureau appeal against it own verdict? chill out pls
Don't you think you are the one revealing your ignorance in the full glare of the public? (Any person that likes your post must be your team mate in ignorance league).

Code of Conduct Bureau (CCB) is not the same as Code of Conduct Tribunal (CCT)
Therefore CCB can appeal up to the Supreme court ( but cannot appeal the case against Tinubu now because the time-frame to appeal is already elapsed ).

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Re: CCT Trial: Why Saraki Cannot Be Allowed To Go Like Tinubu – Justice Umar by Deen77: 12:07pm On Mar 25, 2016
orakao8:
MY BROTHER...IT DOESNT MATTER THE REGIME OR TIME...A THIEF IS A THIEF...WHAT IS GOOSE IS GOOD FOR THE GANDER....IF THEY CAN TRY SARAKI, THE SAME SHOLD BE DONE TO AMAECHI AND TINUBU

If I agree with you, why only Tinubu? Tinubu is a governor of Lagos state and many states are controlled by PDP, why only Tinubu while not all the past Governor's majority are from d PDP.

Tinubu and Jonathan who need to be jail, Tinubu work for Lagos that is why APC is still in Power or Jonathan that rule the country with nothing to show for all the crude oil sales.

Tinubu sin is supporting Buhari.

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Re: CCT Trial: Why Saraki Cannot Be Allowed To Go Like Tinubu – Justice Umar by Ratello: 12:21pm On Mar 25, 2016
The dude (Saraki) walked into the trap set for him. They must have promised him that the FG will systematically withdraw his case at the CCT provided he passed the 2016 budget into Law and like a greedy fool he was, he walked systematically into the booby trap. angry grin grin Saraki will be disgraced out of the Senate!

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Re: CCT Trial: Why Saraki Cannot Be Allowed To Go Like Tinubu – Justice Umar by dilini(m): 12:24pm On Mar 25, 2016
temitemi1:
If tinubu is a free man, bukola should also be a free man.

Can you prove with credence what you just spewed out? #Waiting...

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Re: CCT Trial: Why Saraki Cannot Be Allowed To Go Like Tinubu – Justice Umar by orakao8: 12:26pm On Mar 25, 2016
YOU HAVE A POINT...BUT ASK YOURSELF IS TINUBU A THIEF OR NOT..I AM NOT EXONERATING OTHER EX-GOVERNORS...BUT THE FACT IS TINUBU IS A GREAT THIEF...AND IT IS IRONICAL THAT SOMEONE LIKE TINUBU IS NOW AN ALLY BUHARI
Deen77:


If I agree with you, why only Tinubu? Tinubu is a governor of Lagos state and many states are controlled by PDP, why only Tinubu while not all the past Governor's majority are from d PDP.

Tinubu and Jonathan who need to be jail, Tinubu work for Lagos that is why APC is still in Power or Jonathan that rule the country with nothing to show for all the crude oil sales.

Tinubu sin is supporting Buhari.

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Re: CCT Trial: Why Saraki Cannot Be Allowed To Go Like Tinubu – Justice Umar by Faru1(m): 12:27pm On Mar 25, 2016
.. hold it all!
All I can say now is that we are not in the era of "stealing is not corruption "

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Re: CCT Trial: Why Saraki Cannot Be Allowed To Go Like Tinubu – Justice Umar by anonimi: 12:33pm On Mar 25, 2016
Faru1:
.. hold it all!
All I can say now is that we are not in the era of "stealing is not corruption "

Yes we are in the era of change chain led by the man who said that Abacha did not steal our money.
Next



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Re: CCT Trial: Why Saraki Cannot Be Allowed To Go Like Tinubu – Justice Umar by dilini(m): 12:33pm On Mar 25, 2016
dunkem21:




We can change the trial now that a new sheriif is in town ..


..Trying Saraki while Tinubu walks free is a sham to the CCB ..

I concur to this submission but is it just Saraki and Tinubu that should be tried at the CCT? I bet there are more public officers in govt holding juicy positions who should be tried for falsely declaring their assets. All these trials today trials tomorrow are just like some movie scripts being played out. Nigeria and it's Laws that only favours the rich and influentials...

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Re: CCT Trial: Why Saraki Cannot Be Allowed To Go Like Tinubu – Justice Umar by chrisie: 12:35pm On Mar 25, 2016
[color=#006600][/color]
nnachukz:
If there is anything like justice in this country then Tinubu should be picked up and properly tried, the CCT haven acknowledged and accepted that it erred in its judgement. Otherwise anything done to Saraki while Tinubu walks free will amount to injustice and will show the judge as one just reading out a judgement handed to him by APC leaders.

What is sauce for the Bola is sauce for the Bukola. The tribunal chairman was not sleeping when he gave the judgement in Bola's case. His eyes were wide open. Upon making the mistake and realising later, did he report it to NJC or those who appointed him. Does it mean he has been relying on 1979 constitution until after Bola's case. Something is definitely wrong here and he should go back to school to be properly schooled. There is a difference between 1979 and 1999 moreso in 2011. This judge has no business on the bench. Please the gander and the goose should be treated the same way. No discrimination. You made a mistake, the prosecution and all the big lawyers in government failed to notice it and appeal the judgement of error and u want me believe u Mr tribunal man. Nigeria Abracadabra.






between
Re: CCT Trial: Why Saraki Cannot Be Allowed To Go Like Tinubu – Justice Umar by greggng: 12:40pm On Mar 25, 2016
Some of you don't understand the law. Tinubu was judged on 1979 constitution but saraki cannot be judged on 1979 constitution because of the amendments make there in as a result of judicial review. Today we ve waec result with picture on it. Can those who did theirs when picture was not considered demand for picture to be attached to theirs? Even though the certificate is equivalent? That doesnot take away the change factor. Saraki will not excape trial and he will be the first senate president to go to jail. I saw it in my dreams and my dreams always come to pass






nnachukz:
If there is anything like justice in this country then Tinubu should be picked up and properly tried, the CCT haven acknowledged and accepted that it erred in its judgement. Otherwise anything done to Saraki while Tinubu walks free will amount to injustice and will show the judge as one just reading out a judgement handed to him by APC leaders.

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Re: CCT Trial: Why Saraki Cannot Be Allowed To Go Like Tinubu – Justice Umar by dammytosh: 12:51pm On Mar 25, 2016
nnachukz:
If there is anything like justice in this country then Tinubu should be picked up and properly tried, the CCT haven acknowledged and accepted that it erred in its judgement. Otherwise anything done to Saraki while Tinubu walks free will amount to injustice and will show the judge as one just reading out a judgement handed to him by APC leaders.

Before you cry

Blame PDP.

Tinubu was without immunity for 8 years of PDP rule.

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Re: CCT Trial: Why Saraki Cannot Be Allowed To Go Like Tinubu – Justice Umar by jerusalem101: 1:51pm On Mar 25, 2016
If Tinubu verdict is erroneous, then the case should reinstituted as soon as possible. Cause the anti corruption crusade must spare nobody. But if Tinubu is allow to go free in the basis of erroneous judgement, then the whole drama is just political motivated. After the judgement of Nigerian court in Ibori's case didn't prevent the law from catching up with him in UK.
Re: CCT Trial: Why Saraki Cannot Be Allowed To Go Like Tinubu – Justice Umar by orakao8: 2:12pm On Mar 25, 2016
IN YOUR DREAMS.. wink
greggng:

Some of you don't understand the law. Tinubu was judged on 1979 constitution but saraki cannot be judged on 1979 constitution because of the amendments make there in as a result of judicial review. Today we ve waec result with picture on it. Can those who did theirs when picture was not considered demand for picture to be attached to theirs? Even though the certificate is equivalent? That doesnot take away the change factor. Saraki will not excape trial and he will be the first senate president to go to jail. I saw it in my dreams and my dreams always come to pass






Re: CCT Trial: Why Saraki Cannot Be Allowed To Go Like Tinubu – Justice Umar by WOCKHARDI(m): 2:17pm On Mar 25, 2016
Wait o !
Supposing Tinubu was convicted in error and is serving his prison term AND the error was now discovered. Wouldn't his sentence be reviewed, him set free and he can even sue for damages? But now nothing can be done about his being freed in error.
As it is said the law is really an ass .
Diaris God o o.
Re: CCT Trial: Why Saraki Cannot Be Allowed To Go Like Tinubu – Justice Umar by olagamalin(m): 2:21pm On Mar 25, 2016
nnachukz:
If there is anything like justice in this country then Tinubu should be picked up and properly tried, the CCT haven acknowledged and accepted that it erred in its judgement. Otherwise anything done to Saraki while Tinubu walks free will amount to injustice and will show the judge as one just reading out a judgement handed to him by APC leaders.

Have you heard of double jeopardy.?

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Re: CCT Trial: Why Saraki Cannot Be Allowed To Go Like Tinubu – Justice Umar by Nobody: 2:28pm On Mar 25, 2016
nnachukz:
If there is anything like justice in this country then Tinubu should be picked up and properly tried, the CCT haven acknowledged and accepted that it erred in its judgement. Otherwise anything done to Saraki while Tinubu walks free will amount to injustice and will show the judge as one just reading out a judgement handed to him by APC leaders.

Does "double jeopardy" apply in the Nigerian law? It means you can't be charged twice for the same offence. Lawyers in house please elucidate.

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Re: CCT Trial: Why Saraki Cannot Be Allowed To Go Like Tinubu – Justice Umar by Nobody: 2:29pm On Mar 25, 2016
greatiyk4u:



Tinubu was tried under weak presidents when it was business as usual...........now, this is what you can proudly call CHANGE.

MAY THE 'CHANGE' IN AGATU VISIT U.
Re: CCT Trial: Why Saraki Cannot Be Allowed To Go Like Tinubu – Justice Umar by nduchucks: 2:37pm On Mar 25, 2016
naptu2:
Double jeopardy.

Section 36 (9) of the constitution.


(9) No person who shows that he has been tried by any court of competent jurisdiction or tribunal for a criminal offence and either convicted or acquitted shall again be tried for that offence or for a criminal offence having the same ingredients as that offence save upon the order of a superior court .

According to the above, particularly the bolded portion, it is safe to assume, in this dispensation, that Tinubu has nothing to worry about. The Superior Court which will order a retrial of Jagaban Borgu, does not currently exist in this great country.

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