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FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 - Politics - Nairaland

Nairaland Forum / Nairaland / General / Politics / FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 (2166 Views)

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FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by kahal29: 3:46pm On Jan 14, 2019
Earlier today it was reported that a FHC made an interim order stoping the arraignment of justice Onnoghen at CCT which technically would halt his ongoing trial at CCT which commenced today bf the order was made.


However in an interesting Supreme Court judgement delivered by justice Onnoghen in the case of Saraki vs CCB he held the view that a federal high Court cannot stop the sitting of the tribunal..... In his words while resolving Issue No 5 he said and I quote verbatim....


I hold the view that the instant issue is an attempt at intimidating the Code of Conduct Tribunal, which is very unfortunate.

Note: This landmark judgment did not make any distinction between when an ordinary citizen and a judicial officer is involved. It was a direct pronouncement made without knowing that one-day he will be involved.


Law is good.....


https://nigerialii.org/ng/judgment/supreme-court/2016/53

2 Likes 1 Share

Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by festacman(m): 3:48pm On Jan 14, 2019
Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by atiku4President(m): 3:48pm On Jan 14, 2019
His view is not law

4 Likes 1 Share

Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by kahal29: 3:49pm On Jan 14, 2019
atiku4President:
His view is not law

His view is law because it is a Supreme Court judgement

6 Likes 2 Shares

Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by omonaijiria: 3:53pm On Jan 14, 2019
kahal29:
In a Supreme Court judgement delivered by justice Onnoghen in the case of Saraki vs CCB he held the view that a federal high Court cannot stop the sitting of the tribunal..... In his words while resolving Issue No he said and I quote verbatim....


I hold the view that the instant issue is an attempt at intimidating the Code of Conduct Tribunal, which is very unfortunate.


Law is good.....


https://nigerialii.org/ng/judgment/supreme-court/2016/53

Stop confusing yourself.

NJC must recommend so in this case.

This judgment is totally different

Find another thing to say

Zombies and BMV bring it on

8 Likes 2 Shares

Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by mycar: 3:55pm On Jan 14, 2019
kahal29:


His view is law because it is a Supreme Court judgement
Then his view on this should have been considered according to you too.

4 Likes 2 Shares

Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by omonaijiria: 3:56pm On Jan 14, 2019
If you have anything against CJN the Nigeria constitution makes it clear.

From. Whoever to CCB, to CJN, To President, to senate

In this case was it followed.

So this case is different

6 Likes

Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by buharitill2023: 3:56pm On Jan 14, 2019
cjn should better just resign on his own, as a mark of respect,
because nothing he can do again to stop his trial.

5 Likes 2 Shares

Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by omonaijiria: 3:57pm On Jan 14, 2019
kahal29:
In a Supreme Court judgement delivered by justice Onnoghen in the case of Saraki vs CCB he held the view that a federal high Court cannot stop the sitting of the tribunal..... In his words while resolving Issue No he said and I quote verbatim....


I hold the view that the instant issue is an attempt at intimidating the Code of Conduct Tribunal, which is very unfortunate.


Law is good.....


https://nigerialii.org/ng/judgment/supreme-court/2016/53

Is Saraki a judicial officers


Ore mi your OP holds no water

3 Likes

Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by Nobody: 3:59pm On Jan 14, 2019
why the brouhaha,pls lets see how the fg will fare against his san(s).saraki's own luks promising to them at its inception only for it to be futile on the long run.i tell you.this man will never be indicted but some hidden benefit is in it for fg
Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by CanineOfJackal: 3:59pm On Jan 14, 2019
kahal29:
In a Supreme Court judgement delivered by justice Onnoghen in the case of Saraki vs CCB he held the view that a federal high Court cannot stop the sitting of the tribunal..... In his words while resolving Issue No he said and I quote verbatim....


I hold the view that the instant issue is an attempt at intimidating the Code of Conduct Tribunal, which is very unfortunate.


Law is good.....


https://nigerialii.org/ng/judgment/supreme-court/2016/53
You are just a boy with slur speech so don't go into law matter I beg u

3 Likes 1 Share

Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by CanineOfJackal: 4:00pm On Jan 14, 2019
omonaijiria:


Is Saraki a judicial officers


Ore mi your OP holds no water
LOUD IT FOR HIM

3 Likes 1 Share

Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by EdoBoyJazzie: 4:02pm On Jan 14, 2019
Stupid thread

1 Like

Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by ImperialYoruba: 4:05pm On Jan 14, 2019
atiku4President:
His view is not law

Who said this, ....a Nigerian?

One day this guy will be looking for vote to be a lawmaker in this country.

Do you know what a Judge does? Interprete the law.


Anyway, this is a precedence.

2 Likes 1 Share

Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by atiku4President(m): 4:11pm On Jan 14, 2019
ImperialYoruba:


Who said this, ....a Nigerian?

One day this guy will be looking for vote to be a lawmaker in this country.

Do you know what a Judge does? Interprete the law.


Anyway, this is a precedence.

Do I have to help u expose your ignorance the more?

1 Like

Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by nonsobaba: 4:12pm On Jan 14, 2019
Oh this is lovely. It means the CCT can totally disregard the useless FHC judgement and go about its business of docking the chief justice to answer for his crimes.

2 Likes 1 Share

Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by kahal29: 4:19pm On Jan 14, 2019
nonsobaba:
Oh this is lovely. It means the CCT can totally disregard the useless FHC judgement and go about its business of docking the chief justice to answer for his crimes.

That's the point

4 Likes

Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by Sirjamo: 4:21pm On Jan 14, 2019
omonaijiria:
If you have anything against CJN the Nigeria constitution makes it clear.

From. Whoever to CCB, to CJN, To President, to senate

In this case was it followed.

So this case is different
So, if Onnoghen commit murder now, the executive will first take permission from njc to prosecute him despite he's the chairman of njc?

2 Likes

Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by omonaijiria: 4:23pm On Jan 14, 2019
Sirjamo:
So, if Onnoghen commit murder now, the executive will first take permission from njc to prosecute him despite he's the chairman of njc?

Ignorance is affecting you

Go and change the constitution

bmc una never see anything

Wait till 17

4 Likes 1 Share

Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by omonaijiria: 4:24pm On Jan 14, 2019
nonsobaba:
Oh this is lovely. It means the CCT can totally disregard the useless FHC judgement and go about its business of docking the chief justice to answer for his crimes.


Means nothing
There is a procedure for case like this which the FGN is ignorant and foolishly avoiding
Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by fergie001: 4:27pm On Jan 14, 2019
Sirjamo:
So, if Onnoghen commit murder now, the executive will first take permission from njc to prosecute him despite he's the chairman of njc?

You also supported that Ganduje has immunity,so with the stuffed dollars,nothing can happen to him..
So,if Buhari commits murder now,nothing will happen because he has immunity,so permission will be taken from him from the NPF and other agencies of government within whom he is head...


My brother,Law is Law...

If you don't like it,let's fight for it to be repealed rather than a wild-goose chase.
Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by JusticeSeeker: 4:36pm On Jan 14, 2019
I've realized that many of these e-warriors on Nairaland are illiterates. How can a court of coordinate jurisdiction stop another from executing it's function. Strange to law.

2 Likes

Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by PaChukwudi44(m): 4:42pm On Jan 14, 2019
mods Kindly correct this headline.Justice Onnogen never made such an order like the OP stated. He only stated that there any order from the federal high court stopping the tribunal from sitting. The OP is simply been mischievous

1 Like 1 Share

Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by Corrinthians(m): 4:43pm On Jan 14, 2019
Booom!

Pigs what you say? He actually said this himself! grin

1 Like

Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by PaChukwudi44(m): 4:44pm On Jan 14, 2019
JusticeSeeker:
I've realized that many of these e-warriors on Nairaland are illiterates. How can a court of coordinate jurisdiction stop another from executing it's function. Strange to law.

The CJN will never show up before the CCT.Suck on it

1 Like 1 Share

Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by baralatie(m): 4:45pm On Jan 14, 2019
This is an except from the judgement delivered by the supreme court in the case of saraki vs cct
.Note the bolded


I have carefully gone through the record particularly the order of the Federal High Court in suit No. FHC/ABJ/CS/775/2015 issued on the 17th day of September, 2015 and reproduced at pages 946 - 949 of Vol. 2 of the record and the judgment of the lower court on the issue particularly at pages 1243 - 1244 of the record and I have no hesitation in agreeing with
the decision of the lower court on the matter. The lower court found/held as follows, inter alia-
"It is apparent on the face of the record of appeal that the tribunal was misled into believing or thinking that the Federal High Court made an order "barring" it from sitting. There was[b] no such order.[/b] The order of the Federal High Court reproduced above, merely directed the main respondents "to appear before this court ………… And show cause why the interim orders of injunction being sought by the plaintiff/appellant should not be made ……… " The respondent to the Appellant ex-parte application could "appear" before the Federal High Court either by themselves or by their legal practitioners* to react to the appellant's motion on notice for interim injunction. The order of the Federal High Court did not ask the Tribunal to stay proceedings or further proceedings in the case, the subject matter of this appeal Since there was[b] no order by the Federal High Court directing the tribunal to stay proceedings, the argument of the contending parties on whether or not the tribunal is a superior court having coordinate jurisdiction with the Federal High Court are merely of academic relevance." [/b]

the present ruling by the Fhc abuja BARRED the cct from hearing the matter
which means that the cct cannot rely on the saraki vs cct case as a precedence.
Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by JusticeSeeker: 4:48pm On Jan 14, 2019
PaChukwudi44:


The CJN will never show up before the CCT.Suck on it
That doesn't stop the fact that he's a known criminal who's only using legal technicalities to dodge justice.
Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by baralatie(m): 5:20pm On Jan 14, 2019
baralatie:
This is an except from the judgement delivered by the supreme court in the case of saraki vs cct
.Note the bolded


I have carefully gone through the record particularly the order of the Federal High Court in suit No. FHC/ABJ/CS/775/2015 issued on the 17th day of September, 2015 and reproduced at pages 946 - 949 of Vol. 2 of the record and the judgment of the lower court on the issue particularly at pages 1243 - 1244 of the record and I have no hesitation in agreeing with
the decision of the lower court on the matter. The lower court found/held as follows, inter alia-
"It is apparent on the face of the record of appeal that the tribunal was misled into believing or thinking that the Federal High Court made an order "barring" it from sitting. There was[b] no such order.[/b] The order of the Federal High Court reproduced above, merely directed the main respondents "to appear before this court ………… And show cause why the interim orders of injunction being sought by the plaintiff/appellant should not be made ……… " The respondent to the Appellant ex-parte application could "appear" before the Federal High Court either by themselves or by their legal practitioners* to react to the appellant's motion on notice for interim injunction. The order of the Federal High Court did not ask the Tribunal to stay proceedings or further proceedings in the case, the subject matter of this appeal Since there was[b] no order by the Federal High Court directing the tribunal to stay proceedings, the argument of the contending parties on whether or not the tribunal is a superior court having coordinate jurisdiction with the Federal High Court are merely of academic relevance." [/b]

the present ruling by the Fhc abuja BARRED the cct from hearing the matter
which means that the cct cannot rely on the saraki vs cct case as a precedence.
Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by jom28gy(m): 5:30pm On Jan 14, 2019
It was an obiters dictum, a statement by the way,does not stand in law,but can only have a persuasive effects. But has no force mechanism

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