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This Is Why Efcc Can't Win In The Court! - Politics - Nairaland

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This Is Why Efcc Can't Win In The Court! by bnovative(m): 2:27pm On Apr 07, 2017
Whenever I listen to non-lawyers ,and even some lawyers , talking about recent court decisions against the Buhari government, I laugh at their folly. A court of law is not your village square. It does not practice trial by ordeal. It is trial according to law. When you accuse someone of committing a crime and charge him/her to court,the WHOLE burden of proving the allegation rests on you,the accuser. You don't prove it by newspaper gossips. You dont prove it by relying on suspicion and dancing to the gallery . You prove it according to law. The law of Nigeria, and that of most civilised countries, accords the accused so much protection. If it was not so, citizens would live in perpetual fear,especially citizens in a country headed by a tyrant like Buhari. First,the law accords the accused what is called the presumption of innocence. This simply means that every person accused of a crime is presumed innocent by the law. I mean Innocent like every other citizen. This means that Dansuki, Deziani, Metuh and all the persons accused of any crime are completely innocent as far as the law is concerned.They have not done anything wrong. Forget about what you hear on sahara reporters. Another important protection the law grants to every accused person is the right to remain silent. On the surface,this right may not sound important to you, but in fact,it is one of the most fundamental. Any breach of it renders the entire trial a nullity. The right to silence entails that the accused can not be called to prove his/ her innocence. He is not under any obligation to anwer ANY question in relation to the crime he is being accused of. Not even the court can dare ask him (the accused) a question. He is completely entittled to silence. The 'silent rule' may still seem vague to you,so let me try to bring it home. If you find 100 billion Naira and 50 brand new cars with a man who has no means of livelihood, you have the right to suspect him of committing a crime. But you can not convict him in court based on suspicion. Meaning that you can not go to court and say 'court,look at him- he has no job ,but he has much billions in his account'. You can't ask the court to convict him because he has cars in his garrage and billions in his account. You must specifically prove by means of evidence that he stole it. The only language that courts understand is evidence. Bear in mind that in leading your evidence, the accused is not meant to help you. For instance, the accused can keep silent. You can not ask him how he got the money or cars! You can't even ask him who gave it to him. He is presumed the owner of the billions and cars until you,his accuser, prove that he is not the owner. The court will not ask him ,the accused,to prove that he did not steal it or to prove that he is the owner. So, the whole burden of proving that the money in his account is a proceed of crime rests squarely on you ,the accuser. Can you now see why the Efcc and the Buhari-led government have been losing in court and will continue to lose? It is because their cases are strong in suspicion and lacking in evidence. Once they claim to see money in someone's home or bank account, they rush to sahara reporters and convict the person. When they actually get to court, they present their suspicion and the case crumbles . Do you do know that till date,they have not brought any evidence against Jonathan's cousin whom they arrested close to two years ago? Do you know that the last time the case came up, no witness was brought ? No evidence, after close to two years. The man will soon be discharged. Mark my words. Watch this space. Because they don't have evidence. All they have is suspicion. Do you know that till date they are yet to bring any evidence in Dansuki's case? They have been running around,buying time . Do you know that Deziani is not charged with any crime in this country ? Are you aware that the court released Orubebe because not a single evidence was brought for one year? The Buhari regime is not interested in evidence. They are interested in revenge and decimation of the opposition. Orubebe was arrested for trying to stop the annoucement of a corrupted election result. Justice Ademola was arrested for daring to grant bail to Nnamdi Kanu,Buhari's arch enemy. The justices of the supreme were arrested because they suspected them of stalling their crooked effort to use the judiciary to steal Rivers and Akwa Ibom states. Olisa Metuh was arrested because he addressed the press that "Buhari is not God and we will not worship him". Dansuki was arrested because he was the officer who went to Buhari's house to arrest him during the Babangida coup. The case of the former spokesman of president Jonathan is particularly funny. They had completely forgotten about him until he wrote an article attributing the reason for Buhari's non-performance to evil spirits in Aso rock. The very next week, they went for him. Copied from lawyer friend.

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Re: This Is Why Efcc Can't Win In The Court! by Ken4Christ: 2:39pm On Apr 07, 2017
One INEC official in a recent court case pled guilty of collecting bribe in millions from Allison Madueke. Is this not enough evidence to indict Allison Madueke of corruption?

1 Like

Re: This Is Why Efcc Can't Win In The Court! by marvelling(m): 2:43pm On Apr 07, 2017
bnovative:
Whenever I listen to non-lawyers ,and even some lawyers , talking about recent court decisions against the Buhari government, I laugh at their folly. A court of law is not your village square. It does not practice trial by ordeal. It is trial according to law. When you accuse someone of committing a crime and charge him/her to court,the WHOLE burden of proving the allegation rests on you,the accuser. You don't prove it by newspaper gossips. You dont prove it by relying on suspicion and dancing to the gallery . You prove it according to law. The law of Nigeria, and that of most civilised countries, accords the accused so much protection. If it was not so, citizens would live in perpetual fear,especially citizens in a country headed by a tyrant like Buhari. First,the law accords the accused what is called the presumption of innocence. This simply means that every person accused of a crime is presumed innocent by the law. I mean Innocent like every other citizen. This means that Dansuki, Deziani, Metuh and all the persons accused of any crime are completely innocent as far as the law is concerned.They have not done anything wrong. Forget about what you hear on sahara reporters. Another important protection the law grants to every accused person is the right to remain silent. On the surface,this right may not sound important to you, but in fact,it is one of the most fundamental. Any breach of it renders the entire trial a nullity. The right to silence entails that the accused can not be called to prove his/ her innocence. He is not under any obligation to anwer ANY question in relation to the crime he is being accused of. Not even the court can dare ask him (the accused) a question. He is completely entittled to silence. The 'silent rule' may still seem vague to you,so let me try to bring it home. If you find 100 billion Naira and 50 brand new cars with a man who has no means of livelihood, you have the right to suspect him of committing a crime. But you can not convict him in court based on suspicion. Meaning that you can not go to court and say 'court,look at him- he has no job ,but he has much billions in his account'. You can't ask the court to convict him because he has cars in his garrage and billions in his account. You must specifically prove by means of evidence that he stole it. The only language that courts understand is evidence. Bear in mind that in leading your evidence, the accused is not meant to help you. For instance, the accused can keep silent. You can not ask him how he got the money or cars! You can't even ask him who gave it to him. He is presumed the owner of the billions and cars until you,his accuser, prove that he is not the owner. The court will not ask him ,the accused,to prove that he did not steal it or to prove that he is the owner. So, the whole burden of proving that the money in his account is a proceed of crime rests squarely on you ,the accuser. Can you now see why the Efcc and the Buhari-led government have been losing in court and will continue to lose? It is because their cases are strong in suspicion and lacking in evidence. Once they claim to see money in someone's home or bank account, they rush to sahara reporters and convict the person. When they actually get to court, they present their suspicion and the case crumbles . Do you do know that till date,they have not brought any evidence against Jonathan's cousin whom they arrested close to two years ago? Do you know that the last time the case came up, no witness was brought ? No evidence, after close to two years. The man will soon be discharged. Mark my words. Watch this space. Because they don't have evidence. All they have is suspicion. Do you know that till date they are yet to bring any evidence in Dansuki's case? They have been running around,buying time . Do you know that Deziani is not charged with any crime in this country ? Are you aware that the court released Orubebe because not a single evidence was brought for one year? The Buhari regime is not interested in evidence. They are interested in revenge and decimation of the opposition. Orubebe was arrested for trying to stop the annoucement of a corrupted election result. Justice Ademola was arrested for daring to grant bail to Nnamdi Kanu,Buhari's arch enemy. The justices of the supreme were arrested because they suspected them of stalling their crooked effort to use the judiciary to steal Rivers and Akwa Ibom states. Olisa Metuh was arrested because he addressed the press that "Buhari is not God and we will not worship him". Dansuki was arrested because he was the officer who went to Buhari's house to arrest him during the Babangida coup. The case of the former spokesman of president Jonathan is particularly funny. They had completely forgotten about him until he wrote an article attributing the reason for Buhari's non-performance to evil spirits in Aso rock. The very next week, they went for him. Copied from lawyer friend.

your friend is just another corrupt lawyer! angry

3 Likes

Re: This Is Why Efcc Can't Win In The Court! by Pieromania: 3:05pm On Apr 07, 2017
U are wrong with ur submission.whn an accusation is raised against an accused,the onus also lies on the accused to prove his innocence cos silence also connot admittance to the accusation.Our judicial system is corrupt,most time they base their judgment on technicalities other than evidence.They give double standard judgement . today they give judgement relying on technicalities,tommrw they rely on evidence on offenses and cases of similar nature,why is it like that?simple -corruption.
Re: This Is Why Efcc Can't Win In The Court! by Alxmyr(m): 3:07pm On Apr 07, 2017
Pieromania:
U are wrong with ur submission.whn an accusation is raised against an accused,the onus also lies on the accused to prove his innocence cos silence also connot admittance to the accusation.Our judicial system is corrupt,most time they base their judgment on technicalities other than evidence.They give double standard judgement . today they give judgement relying on technicalities,tommrw they rely on evidence on offenses and cases of similar nature,why is it like that?simple -corruption.

The burden of proof is on the accuser. Not the defender.

3 Likes

Re: This Is Why Efcc Can't Win In The Court! by khadaffi(m): 3:27pm On Apr 07, 2017
Pieromania:
U are wrong with ur submission.whn an accusation is raised against an accused,the onus also lies on the accused to prove his innocence cos silence also connot admittance to the accusation.Our judicial system is corrupt,most time they base their judgment on technicalities other than evidence.They give double standard judgement . today they give judgement relying on technicalities,tommrw they rely on evidence on offenses and cases of similar nature,why is it like that?simple -corruption.

I'm not a lawyer but I know that the burden of proof is on the accuser not the defender

3 Likes

Re: This Is Why Efcc Can't Win In The Court! by tuniski: 3:28pm On Apr 07, 2017
Pieromania:
U are wrong with ur submission.whn an accusation is raised against an accused,the onus also lies on the accused to prove his innocence cos silence also connot admittance to the accusation.Our judicial system is corrupt,most time they base their judgment on technicalities other than evidence.They give double standard judgement . today they give judgement relying on technicalities,tommrw they rely on evidence on offenses and cases of similar nature,why is it like that?simple -corruption.
You are very wrong! It is the accuser in this case on Corruption that must prove his case beyond reasonable doubt. In law it is Better to free 100 guilty persons wrrongly than to convict an innocent man wrongly !

2 Likes

Re: This Is Why Efcc Can't Win In The Court! by Marotzke(m): 3:32pm On Apr 07, 2017
Pieromania:
U are wrong with ur submission.whn an accusation is raised against an accused,the onus also lies on the accused to prove his innocence cos silence also connot admittance to the accusation.Our judicial system is corrupt,most time they base their judgment on technicalities other than evidence.They give double standard judgement . today they give judgement relying on technicalities,tommrw they rely on evidence on offenses and cases of similar nature,why is it like that?simple -corruption.
Are you for real? So Zombiesm is actually real. Na wao.

3 Likes

Re: This Is Why Efcc Can't Win In The Court! by Nobody: 3:37pm On Apr 07, 2017
Pieromania:
U are wrong with ur submission.whn an accusation is raised against an accused,the onus also lies on the accused to prove his innocence cos silence also connot admittance to the accusation.Our judicial system is corrupt,most time they base their judgment on technicalities other than evidence.They give double standard judgement . today they give judgement relying on technicalities,tommrw they rely on evidence on offenses and cases of similar nature,why is it like that?simple -corruption.


He who asserts must proof

1 Like

Re: This Is Why Efcc Can't Win In The Court! by Osezua: 3:37pm On Apr 07, 2017
Pieromania:
U are wrong with ur submission.whn an accusation is raised against an accused,the onus also lies on the accused to prove his innocence cos silence also connot admittance to the accusation.Our judicial system is corrupt,most time they base their judgment on technicalities other than evidence.They give double standard judgement . today they give judgement relying on technicalities,tommrw they rely on evidence on offenses and cases of similar nature,why is it like that?simple -corruption.

You are wrong. An accused is innocent until proven guilty. The accuser must prove beyond reasonable doubt (with evidence not media trial or presumptions) that the accused is guilty.

2 Likes

Re: This Is Why Efcc Can't Win In The Court! by Businessideas: 3:50pm On Apr 07, 2017
bnovative:
Whenever I listen to non-lawyers ,and
even some lawyers , talking about recent
court decisions against the Buhari
government, I laugh at their folly.
A court of law is not your village square.
It does not practice trial by ordeal. It is
trial according to law. When you accuse
someone of committing a crime and
charge him/her to court,the WHOLE
burden of proving the allegation rests on
you,the accuser. You don't prove it by
newspaper gossips. You dont prove it by
relying on suspicion and dancing to the
gallery . You prove it according to law.
The law of Nigeria, and that of most
civilised countries, accords the accused so
much protection. If it was not so, citizens
would live in perpetual fear,especially
citizens in a country headed by a tyrant
like Buhari.
First,the law accords the accused what is
called the presumption of innocence. This
simply means that every person accused
of a crime is presumed innocent by the
law. I mean Innocent like every other
citizen. This means that Dansuki, Deziani,
Metuh and all the persons accused of any
crime are completely innocent as far as
the law is concerned.They have not done
anything wrong. Forget about what you
hear on sahara reporters.
Another important protection the law
grants to every accused person is the
right to remain silent. On the surface,this
right may not sound important to you,
but in fact,it is one of the most
fundamental. Any breach of it renders
the entire trial a nullity.
The right to silence entails that the
accused can not be called to prove his/
her innocence. He is not under any
obligation to anwer ANY question in
relation to the crime he is being accused
of. Not even the court can dare ask him
(the accused) a question. He is
completely entittled to silence.
The 'silent rule' may still seem vague to
you,so let me try to bring it home. If you
find 100 billion Naira and 50 brand new
cars with a man who has no means of
livelihood, you have the right to suspect
him of committing a crime. But you can
not convict him in court based on
suspicion.
Meaning that you can not go to court and
say 'court,look at him- he has no job ,but
he has much billions in his account'. You
can't ask the court to convict him
because he has cars in his garrage and
billions in his account. You must
specifically prove by means of evidence
that he stole it. The only language that
courts understand is evidence. Bear in
mind that in leading your evidence, the
accused is not meant to help you.
For instance, the accused can keep silent.
You can not ask him how he got the
money or cars! You can't even ask him
who gave it to him. He is presumed the
owner of the billions and cars until you,his
accuser, prove that he is not the owner.
The court will not ask him ,the accused,to
prove that he did not steal it or to prove
that he is the owner. So, the whole
burden of proving that the money in his
account is a proceed of crime rests
squarely on you ,the accuser.
Can you now see why the Efcc and the
Buhari-led government have been losing
in court and will continue to lose? It is
because their cases are strong in
suspicion and lacking in evidence.
Once they claim to see money in
someone's home or bank account, they
rush to sahara reporters and convict the
person. When they actually get to court,
they present their suspicion and the case
crumbles .
Do you do know that till date,they have
not brought any evidence against
Jonathan's cousin whom they arrested
close to two years ago? Do you know that
the last time the case came up, no
witness was brought ? No evidence, after
close to two years. The man will soon be
discharged. Mark my words. Watch this
space. Because they don't have evidence.
All they have is suspicion.
Do you know that till date they are yet to
bring any evidence in Dansuki's case?
They have been running around,buying
time . Do you know that Deziani is not
charged with any crime in this country ?
Are you aware that the court released
Orubebe because not a single evidence
was brought for one year?
The Buhari regime is not interested in
evidence. They are interested in revenge
and decimation of the opposition.
Orubebe was arrested for trying to stop
the annoucement of a corrupted election
result. Justice Ademola was arrested for
daring to grant bail to Nnamdi
Kanu,Buhari's arch enemy. The justices of
the supreme were arrested because they
suspected them of stalling their crooked
effort to use the judiciary to steal Rivers
and Akwa Ibom states. Olisa Metuh was
arrested because he addressed the press
that "Buhari is not God and we will not
worship him". Dansuki was arrested
because he was the officer who went to
Buhari's house to arrest him during the
Babangida coup. The case of the former
spokesman of president Jonathan is
particularly funny. They had completely
forgotten about him until he wrote an
article attributing the reason for Buhari's
non-performance to evil spirits in Aso
rock. The very next week, they went for
him.
Copied from lawyer friend.

Blablahblah.
Let them keep messing with our hard won democracy,I pray the military won't take over and we revert to military tribunals
Re: This Is Why Efcc Can't Win In The Court! by BeardedMeat(m): 3:52pm On Apr 07, 2017
Pieromania:
U are wrong with ur submission.whn an accusation is raised against an accused,the onus also lies on the accused to prove his innocence cos silence also connot admittance to the accusation.Our judicial system is corrupt,most time they base their judgment on technicalities other than evidence.They give double standard judgement . today they give judgement relying on technicalities,tommrw they rely on evidence on offenses and cases of similar nature,why is it like that?simple -corruption.
If you are a lawyer, sorry sorry sorry!

1 Like

Re: This Is Why Efcc Can't Win In The Court! by yomi96(m): 4:41pm On Apr 07, 2017
marvelling:



your friend is just another corrupt lawyer! angry

zonB

2 Likes

Re: This Is Why Efcc Can't Win In The Court! by freeze001(f): 5:00pm On Apr 07, 2017
Ken4Christ:
One INEC official in a recent court case pled guilty of collecting bribe in millions from Allison Madueke. Is this not enough evidence to indict Allison Madueke of corruption?

Nope
Any mole can be set up to plead guilty just to catch a supposed criminal. The court may attach some weight to the testimony or plea if found credible but it is not enough to convict. Receiving money from Diezani without more is not an offence. The prosecution must show evidence that the money was a proceed of crime or that public funds were siphoned by Allison and given to whoever. They must also show that the receiver acted in a way contrary to what he would have if he hadn't been induced by that money.

That is called tracing or following the money trail.

1 Like

Re: This Is Why Efcc Can't Win In The Court! by PatriotTemidayo: 5:18pm On Apr 07, 2017
Inec can't win, but EFE is winning. No problem. All Na winning.

So.

Ok.

Based on logistics

1 Like

Re: This Is Why Efcc Can't Win In The Court! by hucienda: 5:23pm On Apr 07, 2017
Lawyers in the house. Abeg make una come break am down.
Re: This Is Why Efcc Can't Win In The Court! by Nobody: 5:29pm On Apr 07, 2017
You dey mind mad Magu who is also very incompetent
Re: This Is Why Efcc Can't Win In The Court! by realborn(m): 6:20pm On Apr 07, 2017
Very insightful.

Thanks for sharing!

1 Like

Re: This Is Why Efcc Can't Win In The Court! by ganye1: 6:37pm On Apr 07, 2017
My friend it is all about corruption in the judiciary. The judges are so corrupt that they shamelessly used flimsy excuses to dismiss corruption cases. The case of the former Adamawa state Governor, Bala Ngilari, who is known to be tight fisted is a good example. The tight fisted ex governor did not do the needful and the judge sentenced him to prison without an option of fine but having seen the reality the ex governor parted with some of his loot and before you know he was released by the judge who sentenced him.
Re: This Is Why Efcc Can't Win In The Court! by Sunnynwa: 6:40pm On Apr 07, 2017
Ken4Christ:
One INEC official in a recent court case pled guilty of collecting bribe in millions from Allison Madueke. Is this not enough evidence to indict Allison Madueke of corruption?

He met Diezani and she gave him money?

1 Like

Re: This Is Why Efcc Can't Win In The Court! by FirstCounsel(m): 6:58pm On Apr 07, 2017
[quote author=ganye1 post=55359129]My friend it is all about corruption in the judiciary. The judges are so corrupt that they shamelessly used flimsy excuses to dismiss corruption cases. The case of the former Adamawa state Governor, Bala Ngilari, who is known to be tight fisted is a good example. The tight fisted ex governor did not do the needful and the judge sentenced him to prison without an option of fine but having seen the reality the ex governor parted with some of his loot and before you know he was released by the judge who sentenced him.
[/quote)



I hardly comment on threads here on niiraland but you're wrong on this one. I'm not holding brief for Ngilari or the Judge but don't speak with certainty please. Cheers

1 Like

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