JEGEDE'S APPEAL WILL BE HEARD TOMORROW 9.pm

Due to these facts below which renders Notice ineffective because of the time restrains which does not favour the jimoh ibrahim/poroye camp.

Act of 2015, section 306 provides

“An application for stay of proceedings in respect of a criminal matter before the court shall not be entertained. In essence, proceeding at a lower court will continue not withstanding a pending appeal before a superior court,”

Read more at: http://www.vanguardngr.com/2015/11/saraki-vs-cct-does-appeal-operate-as-stay-of-proceeding-lawyers-speak/

''A Notice of Appeal does not automatically stay the proceedings of a court whose decision is being challenged at a superior court.

In order for a lower court to stay proceedings before it on the grounds that a party is challenging its decision at a superior court,



Notice of appeal today 15th November below is not ripe to stop tommorrows appeal hearing and subsequent judgement.

The ACJA, 2015 in Section 396 (2) provides thus:

“(2) After the plea has been taken, the defendant may raise any objection to the validity of the charge or the information at any time before the judgment provided that such objection shall only be considered along with the substantive issues and a ruling thereon made at the time of delivery of judgment”

What this portends in essence is that a defendant is at liberty to file as many objections as he wants but the objections shall be heard alongside the substantive matter and the ruling on same delivered with the judgment. If there is no ruling during the pendency of the matter, I ask us all seated, how can interlocutory appeal arise? How then will the issue of stay of proceedings pending appeal come up?

This is a particular procedure that is used regularly in election matters and I can testify that it is one of the provisions in the 1st Schedule to the Electoral Act that has made it possible for the time lines provided for election matters to be achievable.

Furthermore, the Act expressly provides in Section 306 that

“An application for stay of proceedings in respect of criminal matter before the court shall not be entertained”

With this brilliant provision, the ACJA, 2015 has effectively taken care of delays in hearing and dispensing of justice in criminal matters.

I refer us all to Section 306 and 396 of the ACJA, 2015 which, in my opinion, are bombshells that have effectively taken care of delay tactics by legal practitioners in criminal matters.

Furthermore, according to Section 396 (7) of the ACJA, 2015, the elevation of a High Court Judge to the Court of Appeal will no longer delay criminal trial as the Judge shall have dispensation to continue to sit in the lower court only for the purpose of concluding any part-heard criminal matter pending before him/her at the time of the elevation and shall conclude the same within a reasonable time.

BERNIMOORE:
JEGEDE'S APPEAL WILL BE HEARD TOMORROW 9.pm

Due to these facts below which renders Notice ineffective because of the time restrains which does not favour the jimoh ibrahim/poroye camp.

Act of 2015, section 306 provides

“[size=12pt]An application for stay of proceedings in respect of a criminal matter before the court shall not be entertained. In essence, proceeding at a lower court will continue not withstanding a pending appeal before a superior court


''A Notice of Appeal does not automatically stay the proceedings of a court whose decision is being challenged at a superior court.

In order for a lower court to stay proceedings before it on the grounds that a party is challenging its decision at a superior court,



Notice of appeal today 15th November below is not ripe to stop tommorrows appeal hearing and subsequent judgement.

This has already been posted for your information.

agabusta:


Oga this is not a criminal case.

You are trying to be smart, but it turned out to be an epic flop.

Instead of you to quote the law you are citing fully, you only wrote "Act of 2015, section 306 provides "

Which Act are you talking about??

Now let me help you.

The Act you are talking about is the ACJA 2015, the Administration of Criminal Justice Act 2015.

But sorry, the case in question is not a criminal case and so does not apply.

Now as per this...

engineerboat:
The ACJA, 2015 in Section 396 (2) provides thus:

“(2) After the plea has been taken, the defendant may raise any objection to the validity of the charge or the information at any time before the judgment provided that such objection shall only be considered along with the substantive issues and a ruling thereon made at the time of delivery of judgment”

What this portends in essence is that a defendant is at liberty to file as many objections as he wants but the objections shall be heard alongside the substantive matter and the ruling on same delivered with the judgment. If there is no ruling during the pendency of the matter, I ask us all seated, how can interlocutory appeal arise? How then will the issue of stay of proceedings pending appeal come up?

This is a particular procedure that is used regularly in election matters and I can testify that it is one of the provisions in the 1st Schedule to the Electoral Act that has made it possible for the time lines provided for election matters to be achievable.

Furthermore, the Act expressly provides in Section 306 that

“An application for stay of proceedings in respect of criminal matter before the court shall not be entertained”


With this brilliant provision, the ACJA, 2015 has effectively taken care of delays in hearing and dispensing of justice in criminal matters.

I refer us all to Section 306 and 396 of the ACJA, 2015 which, in my opinion, are bombshells that have effectively taken care of delay tactics by legal practitioners in criminal matters.


Furthermore, according to Section 396 (7) of the ACJA, 2015, the elevation of a High Court Judge to the Court of Appeal will no longer delay criminal trial as the Judge shall have dispensation to continue to sit in the lower court only for the purpose of concluding any part-heard criminal matter pending before him/her at the time of the elevation and shall conclude the same within a reasonable time.

Engineerboat I assumed you are a lawyer with the way you have been following this case and giving live reports from the courtroom.

Please why are you bringing ACJA 2015 into this case?

Is the case a criminal case??

I highlighted some parts of your post I quoted. There was a mention of "Plea taking" which I highlighted for your attention.

Was any plea taken during this case??


Who is facing charges?? And who took the "guilty/not guilty" plea??

agabusta:


Engineerboat I assumed you are a lawyer with the way you have been following this case and giving live reports from the courtroom.

Please why are you bringing ACJA 2015 into this case?

Is the case a criminal case??

Are you daydreaming? who is engineerboat? i am bernimoore i understand you have been following engineerboat all through,besides i quoted from saraki's case why danladi umar the cct chairman did not stop proceeding even when there was a notice pending at the supreme court.
anyway come back here on wednesday and lets talk. 9am is around.

BERNIMOORE:
Are you daydreaming? who is engineerboat? i am bernimoore i understand you have been following engineerboat all through,besides i quoted from saraki's case why danladi umar the cct chairman did not stop proceeding even when there was a notice pending at the supreme court.
anyway come back here on wednesday and lets talk. 9am is around.

Oga relax na. I quoted both you and engineer boat.

Even if the case continues or does not continue tomorrow, it has nothing to do with what you put up there.

The premise of your argument is seriously flawed. The case in question is not a criminal case.

OK

agabusta:


Oga relax na. I quoted both you and engineer boat.

Even if the case continues or does not continue tomorrow, it has nothing to do with what you put up there.

The premise of your argument is seriously flawed. The case in question is not a criminal case.

Before you shout out Today crying injustice, lets see some valid grounds That Todays possible court of appeal could rightly reject the stay of proceeding from a supreme court.

''In order for a lower court to stay proceedings before it on the grounds that a party is challenging its decision at a superior court, such party (Appellant) must file an application for stay of proceedings before such lower court''

The lower court would consider the application and only stay proceedings if the court finds the application meritorious. There are settled conditions that must be fulfilled for the lower court to grant such application
The lower court in this case (the appeal court) Has the right in its discretion to rule on Merits, either to grant or deny stay of proceedings if conditions below are put into consideration. the (pdf file attached)

b. The nature of the subject matter in dispute, whether maintaining status-quo until final determination of the appeal will meet the justice of the case

c. wheather if the appeal succeeds, the applicant will not be able to reap the benefit of the judgement on appeal

h. The Onus is on a party applying for a stay pending appeal to satisfy the court that in the perculiar circumstancies, a refusal of a stay would be unjust and unequitable.

And so, from the onset, The porooye/jimoh ibrahim has constituted their self as a tool to just stop at all cost the jegede appeal. T

1. They Accuse the 1st appeal panel of bribery so as to kill time,
2. They question the quick constituting of the 2nd appeal panel, asking it to disqualify itself,

C'mon

Their Appeal is not having any merit as you can see, i would rather not jump the Gun but its obvious And expect 'the stay of exxecution of the supreme court not likely to be granted' of which they cannot rush to another higher court

Abeg make una take this argument enter Wuse court room nah, which kind wahala be diz sef

Pesin never even chop sef