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Supreme Court Sacks Delta Lawmaker, Orders Salary Refund - Politics (4) - Nairaland

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Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by anonimi: 12:35pm On Oct 25, 2014
akinsadeez:
Salary Refund? that's weird.

I am of the opinion that the supreme court justices in this case have allowed their emotions to override their sense of law. I quite understand that they are very displeased with Inec's blatant complicity in denying the petitioner his right but they awarded 650,000 naira cost against both Inec and the respondent in this case. The salary refund is like double killing.

The salary that the man was paid was for basically for the services/functions that he rendered as a member of the state house of assembly. Now can the supreme court also order that all comments, arguments that the man proffered on the floor of the house be erased? Can they order that all the bills and motions that the man might have introduced be wiped off the record.

Oyinlola as governor of Osun state had spent almost the four years of his second term before the court declared Aregbesola as the rightfully elected governor. Imagine the court now giving an order that he should return all the salaries he earned for the three years he illegally occupied the seat. To justify that, you have to find a way of also reversing all the projects he did in those three years because he was paid for functioning as the governor.

To me, this seems like another Amaechi kinda judgment. The supreme court might be setting a dangerous precedent.

He should NOT have received the money in the first instance so it is only FAIR & JUST that he refunds what he received ILLEGALLY.

Exemplary judgement that HOPEFULLY manifests the growing INDEPENDENCE of our federal judiciary. Unfortunately one cannot say the same of the state judiciaries that are corruptly tied to the governors.

We ALL need to learn to do things properly in line with established LAWS just as the oyinbos do and we are running there to be voluntary SLAVES to them.

2 Likes 1 Share

Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by Akainzo(m): 12:38pm On Oct 25, 2014
Anaskie:
Very intelligent analysis. I couldn't have said it better. The apex court has just set a very dangerous precedent.
I pray they reverse themselves at the earliest opportunity.

On the contrary, the Supreme Court just set the needed precedence in the country. It clearly lets fraudsters know that whenever they do illegal electoral stuff, they will pay dearly for it.

Oyinlola got away lightly just as others had, and this encouraged others as at all at all Na him bad. I remember the Salisu Buhari of the House of Representatives, who collected a minimum of 17 Million as benefit for forging a document but was only fined 1,200! He didn't get to refund a single kobo. With this precedence, many will think twice before embarking on illegal stuff with elections.

I am waiting for a ban of 10 Years minimum for anyone found guilty of election malpractice.

4 Likes

Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by Sagamite(m): 12:38pm On Oct 25, 2014
akinsadeez:


It means judgments are deemed to be operational after they are given. They don't work retrospectively.
I have a feeling we will always agree to disagree. let me give a final analogy and rest my case.
A man who kills someone in broad daylight with witnesses around is deemed to be innocent under our law until a competent court declares him guilty. This means he has basically the same rights of any citizen like you and I. Immediately the court pronounces him guilty however, those rights cease, not before.
Same way the election of this man, even though he might have colluded with Inec is still deemed valid and with it all accompanying rights until the supreme court declared otherwise.
There is no allegation here that his Inec certificate was forged. He should not be asked to return salaries earned while he was having a valid certificate. However if he was paid any salary after the court's declaration he is bound to return same.

I rest my case. shalom!

And when judgements are made on cases, they don't apply retrospectively to illegal actions?

If Nigeria finally gets a sane and incorruptible President (after this crooked fuuktard called Jonathan) and the government wants to reclaim the oil block Etete awarded himself and which Jonathan helped him legalise and loot us for, we can't take it and all the revenue he has made on it because "he believed he was the legitimate owner" before?

So when the murderers right ceases, his crime is not retrospective?

2 Likes

Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by Nobody: 12:41pm On Oct 25, 2014
Akainzo:


On the contrary, the Supreme Court just set the needed precedence in the country. It clearly lets fraudsters know that whenever they do illegal electoral stuff, they will pay dearly for it.

Oyinlola got away lightly just as others had, and this encouraged others as at all at all Na him bad. I remember the Salisu Buhari of the House of Representatives, who collected a minimum of 17 Million as benefit for forging a document but was only fined 1,200! He didn't get to refund a single kobo. With this precedence, many will think twice before embarking on illegal stuff with elections.

I am waiting for a ban of 10 Years minimum for anyone found guilty of election malpractice.
It's precedent... not precedence. Good reasoning though. INEC is another criminal.

1 Like

Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by Akainzo(m): 12:48pm On Oct 25, 2014
akinsadeez:


I am very happy that at least some people understand what I am trying to say. I was expecting to be vilified for my comments. You can't mix emotions with law. I also hope the supreme court will reverse themselves at the earliest opportunity.

That some people like your comments is only rational, at least the lawyer that lost will like your comment just like anyone that doesn't consider the full import of the judgement.

Your basis was faulty as you were trying to cast aspersions on the judgement based on the one given on Oyinlola. For one, both cases are not the same and 2, the court is not a religious forum for "Go and sin no more". There are consequences.

In this instance, this guy had withdrawn from the election, collected his deposit back, yet went ahead to occupy a seat he NEVER won.

Don't pat yourself on the back due to the likes, fallacy has many followers too.

2 Likes

Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by kazmanbanjoko(m): 12:53pm On Oct 25, 2014
Those saying "GEJ forever", i think admin should ban them bcoz they are trying to be tribalistic here. Instead of making comments on the thread, they will rather divert it and post another there. Admin, keep watching out for them

1 Like 1 Share

Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by Sagamite(m): 12:56pm On Oct 25, 2014
anonimi:


He should NOT have received the money in the first instance so it is only FAIR & JUST that he refunds what he received ILLEGALLY.

Exemplary judgement that HOPEFULLY manifests the growing INDEPENDENCE of our federal judiciary. Unfortunately one cannot say the same of the state judiciaries that are corruptly tied to the governors.

We ALL need to learn to do things properly in line with established LAWS just as the oyinbos do and we are running there to be voluntary SLAVES to them.

Thank you.

He is yet to answer any of my questions:

"Is he saying this man was not aware he was no more the sponsored candidate of the Democratic Peoples Party before taking his seat?"

"If he is aware his sitting there is as a result of a (or his) fraud, does he have entitlement befitting the seat?"


It appears his argument is he should be forgiven for, and it should be forgotten, all his previous wrong-doing before the court judgement. Judgements are not suppose to be retrospective, he should only be punished for what he does after the judgement.

That is one serious bizarre argument.

That would be a beautiful life for criminals. He is saying crime should pay.

2 Likes

Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by Akainzo(m): 1:00pm On Oct 25, 2014
akinsadeez:


It means judgments are deemed to be operational after they are given. They don't work retrospectively.
I have a feeling we will always agree to disagree. let me give a final analogy and rest my case.
A man who kills someone in broad daylight with witnesses around is deemed to be innocent under our law until a competent court declares him guilty. This means he has basically the same rights of any citizen like you and I. Immediately the court pronounces him guilty however, those rights cease, not before.
Same way the election of this man, even though he might have colluded with Inec is still deemed valid and with it all accompanying rights until the supreme court declared otherwise.
There is no allegation here that his Inec certificate was forged. He should not be asked to return salaries earned while he was having a valid certificate. However if he was paid any salary after the court's declaration he is bound to return same.

I rest my case. shalom!


Sorry to disappoint you, the man has no rights like me.

He is presumed innocent, yes, but he has limited rights. Once he is charged, he is either in Police custody or remanded in prison. Once this happens, he has no rights like me a free man as he cannot vote, move freely, and so many other things.

How can he believe he won an election he knew he did not participate in? Are there two of him?

Presumption of innocence is different from restitution.

3 Likes

Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by Akainzo(m): 1:06pm On Oct 25, 2014
ferdimako:

It's precedent... not precedence. Good reasoning though. INEC is another criminal.

You need to study your dictionary a little more, if you don't know when to use "precedence" and when to use "precedent".
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by anonimi: 1:07pm On Oct 25, 2014
Sagamite:


Thank you.

He is yet to answer any of my questions:

"Is he saying this man was not aware he was no more the sponsored candidate of the Democratic Peoples Party before taking his seat?"

"If he is aware his sitting there is as a result of a (or his) fraud, does he have entitlement befitting the seat?"


It appears his argument is he should be forgiven for, and it should be forgotten, all his previous wrong-doing before the court judgement. Judgements are not suppose to be retrospective, he should only be punished for what he does after the judgement.

That is one serious bizarre argument.

That would be a beautiful life for criminals. He is saying crime should pay.

It is flawed arguments to condone criminality like his that ensure WE remain like monkeys doing JUNGLE justice.

We need to change!!!

2 Likes

Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by Nobody: 1:07pm On Oct 25, 2014
akinsadeez:
Salary Refund? that's weird.

I am of the opinion that the supreme court justices in this case have allowed their emotions to override their sense of law. I quite understand that they are very displeased with Inec's blatant complicity in denying the petitioner his right but they awarded 650,000 naira cost against both Inec and the respondent in this case. The salary refund is like double killing.

The salary that the man was paid was for basically for the services/functions that he rendered as a member of the state house of assembly. Now can the supreme court also order that all comments, arguments that the man proffered on the floor of the house be erased? Can they order that all the bills and motions that the man might have introduced be wiped off the record.

Oyinlola as governor of Osun state had spent almost the four years of his second term before the court declared Aregbesola as the rightfully elected governor. Imagine the court now giving an order that he should return all the salaries he earned for the three years he illegally occupied the seat. To justify that, you have to find a way of also reversing all the projects he did in those three years because he was paid for functioning as the governor.

To me, this seems like another Amaechi kinda judgment. The supreme court might be setting a dangerous precedent.
superb analysis ... Kudos !!

But to law, the beneficiary of such salary and allowances is not recognised by law thus the project , arguements and debate sponsored and participated in/therein are also not recognised by law as such he collected legal salaries and allowances for illegal activities .....

He must refund ...... Chai, Chai , na who this man go appeal to bai ..... Supreme court is the final ooo .... Heeeyyyyy .......... Na Delta state na , ihm go get the money afterall the illegal monies he benefitted is ten times the legal salaries and allowances he was asked to refund .... it will be like taking 15 bowls of rice from a bag of rice !

1 Like

Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by akinsadeez(m): 1:10pm On Oct 25, 2014
Akainzo:


That some people like your comments is only rational, at least the lawyer that lost will like your comment just like anyone that doesn't consider the full import of the judgement.

Your basis was faulty as you were trying to cast aspersions on the judgement based on the one given on Oyinlola. For one, both cases are not the same and 2, the court is not a religious forum for "Go and sin no more". There are consequences.

In this instant, this guy had withdrawn from the election, collected his deposit back, yet went ahead to occupy a seat he NEVER won.

Don't pat yourself on the back due to the likes, fallacy has many followers too.


That's how people like you fail exams. You will see something written expressly yet go ahead, interpret something else in your brain and then spew rubbish. Where did you see anything about likes in my post? I wrote it there clearly that I was happy some people ''understand'' the angle from which I was arguing. How in the world 'understand' changed to 'Nairaland likes' in your own brain I will never know. Have you thought that someone might understand my point without actually pressing the like button. I am not a kid like you that hunts for likes on Nairaland.

I have been arguing constructively with people on this thread, which is how it should be. Don't bring your ill-thought, ill-digested mundane issues into this. If you can't address the issues like someone educated, then stay out of the debate. Maybe you can learn from Sagamite.
This is the last time I will be quoting or replying you
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by mu2sa2: 1:26pm On Oct 25, 2014
akinsadeez:
Salary Refund? that's weird.

I am of the opinion that the supreme court justices in this case have allowed their emotions to override their sense of law. I quite understand that they are very displeased with Inec's blatant complicity in denying the petitioner his right but they awarded 650,000 naira cost against both Inec and the respondent in this case. The salary refund is like double killing.

The salary that the man was paid was for basically for the services/functions that he rendered as a member of the state house of assembly. Now can the supreme court also order that all comments, arguments that the man proffered on the floor of the house be erased? Can they order that all the bills and motions that the man might have introduced be wiped off the record.

Oyinlola as governor of Osun state had spent almost the four years of his second term before the court declared Aregbesola as the rightfully elected governor. Imagine the court now giving an order that he should return all the salaries he earned for the three years he illegally occupied the seat. To justify that, you have to find a way of also reversing all the projects he did in those three years because he was paid for functioning as the governor.

To me, this seems like another Amaechi kinda judgment. The supreme court might be setting a dangerous precedent.
The case of Oyinlola is distinguishable from this one. Unlike oyinlola's case fought on merit, this is a case of deliberate fraud - the man withdrew from the election, collected his 2m naira deposit, yet colluded with fellow fraudsters in INEC to issue him certificate that he contested and won! Haba! The logic of the judgement is sound. lf he was merely sacked from the house, he loses nothing (note that the 650,000 naira is costs for the action). The sc justices no doubt want to send out a note of warning to the politicians and Inec that where there is a wrong there is a remedy. l suppose that's why they assumed jurisdiction in the first place in an election matter that should have been handled by election Tribunal and ended at the court of Appeal.

3 Likes

Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by akinsadeez(m): 1:30pm On Oct 25, 2014
Akainzo:



Sorry to disappoint you, the man has no rights like me.

He is presumed innocent, yes, but he has limited rights. Once he is charged, he is either in Police custody or remanded in prison. Once this happens, he has no rights like me a free man as he cannot vote, move freely, and so many other things.

How can he believe he won an election he knows he did not participate in? Are there two of him?

Presumption of innocence is different from restitution.

Yes he has rights like you. There is no law that says a man who kills someone has to be compulsorily remanded before being convicted. Are you saying he can't be granted bail. If he argues his bail convincingly he can be granted bail. I have seen that happen. The case of Abacha against the state is also instructive.

You have not addressed the issue of the certificate of return he was given by Inec. Whether he participated in the election or not is not the issue...fact remains that Inec gave him a certificate pronouncing him an elected legislator. That certificate remained valid until last friday when the court declared otherwise. Therefore all salaries he earned also remained valid until the second the judgment as delivered.


let's take the example of Amaechi. Celestine Omehia did not contest in the PDP primary and he knew it. Nevertheless, Inec made the him party candidate despite Amaechi's protestations and even the fact that a substantive case on was ongoing.
When Celestine omehia was declared an illegal governor after spending 6yrs in power, why did the supreme court not order that he should return all salaries earned in that six months because just like this case, both inec and omehia knew that he did not participate in the PDP primary?
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by Sagamite(m): 1:32pm On Oct 25, 2014
akinsadeez:



That's how people like you fail exams. You will see something written expressly yet go ahead, interpret something else in your brain and then spew rubbish. Where did you see anything about likes in my post? I wrote it there clearly that I was happy some people ''understand'' the angle from which I was arguing. How in the world 'understand' changed to 'Nairaland likes' in your own brain I will never know. Have you thought that someone might understand my point without actually pressing the like button. I am not a kid like you that hunts for likes on Nairaland.

I have been arguing constructively with people on this thread, which is how it should be. Don't bring your ill-thought, ill-digested mundane issues into this. If you can't address the issues like someone educated, then stay out of the debate. Maybe you can learn from Sagamite.
This is the last time I will be quoting or replying you

shocked shocked shocked shocked shocked shocked shocked shocked shocked shocked shocked shocked

Learn from Sagamite ke?

Bobo yi o mo mi sha. (This guy does not know me at all o) grin grin grin grin grin grin grin grin grin grin grin grin

Mate, you need to go through my history and see that I am the king of insults if people argue stupidly without using their brains. grin grin grin grin

I only refrained and withheld from insulting you because:

- I could see you were at least using your brain and trying to reason before producing your arguments (no matter how faulty the outcome is, you made an attempt). I spotted it from your first post I read, that is why I did not come in with my usual insulting line.

- I could see you had good intentions with your argument. Not some moronic or selfish intentions like "our own" or "why would they block a criminal avenue I could benefit from in the future when it is my turn in this shithole country".

- You did not get annoyed with my counter arguments and make the mistake to insult me or be rude in anyway. That is the suicide many on NL commit.

- You did not decide to be dogmatic and stick with any particular line of weak argument in defiance. Many also do this because "dem no wan carry last". You tried to change angles to defend preceding weak arguments, then gave up when you saw I was persistent. To me, that was a slightly acceptable way to save face.


These are the reasons why I was civil. If those had been broken, I would have switched to the normal Sagamite.

Don't tell anyone to learn from me if you want them to learn civility. I bite hard! grin grin grin grin grin

Tell them to learn from TV01 or Siena. grin grin grin

7 Likes 1 Share

Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by akinsadeez(m): 1:41pm On Oct 25, 2014
mu2sa2:
The case of Oyinlola is distinguishable from this one. Unlike oyinlola's case fought on merit, this is a case of deliberate fraud - the man withdrew from the election, collected his 2m naira deposit, yet colluded with fellow fraudsters in INEC to issue him certificate that he contested and won! Haba! The logic of the judgement is sound. lf he was merely sacked from the house, he loses nothing (note that the 650,000 naira is costs for the action). The sc justices no doubt want to send out a note of warning to the politicians and Inec that where there is a wrong there is a remedy. l suppose that's why they assumed jurisdiction in the first place in an election matter that should have been handled by election Tribunal and ended at the court of Appeal.


So how do you distinguish Amaechi's case then. Omehia never participated in the PDP primary and the whole world including Inec knew it. so what happened in that case.


I didnt even want to bring up the issue of how the court assumed jurisdiction in my opinion wrongly. If you read the post it was stated there that even the court of appeal refused to make consequential orders despite hearing the case. They were the ones who followed the law. To me, the supreme court in this case went completely outside the law all because they want to make a point.
There is a principle of law that a court of law cannot ignore the provisions of the statute just to tow the line of justice. By wrongly assuming jurisdiction that is what the supreme court has done.
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by Callimo(m): 1:43pm On Oct 25, 2014
akinsadeez:



That's how people like you fail exams. You will see something written expressly yet go ahead, interpret something else in your brain and then spew rubbish. Where did you see anything about likes in my post? I wrote it there clearly that I was happy some people ''understand'' the angle from which I was arguing. How in the world 'understand' changed to 'Nairaland likes' in your own brain I will never know. Have you thought that someone might understand my point without actually pressing the like button. I am not a kid like you that hunts for likes on Nairaland.

I have been arguing constructively with people on this thread, which is how it should be. Don't bring your ill-thought, ill-digested mundane issues into this. If you can't address the issues like someone educated, then stay out of the debate. Maybe you can learn from Sagamite.
This is the last time I will be quoting or replying you



My man dont get upset on ur man, everybody has level and angle of understanding. Donnot attach emotions.
From all d submissions, tho not a lawyer, I now understnd points of views of a:
* Human rights lawyer
* Crimunal lawyer, and
* civil....right law...

Thank u all lawyers ( Akinsadeez, Sagamite Akainzo & the rest....) for ur argments. U all entertained me.
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by akinsadeez(m): 1:48pm On Oct 25, 2014
Callimo:




My man dont get upset on ur man, everybody has level and angle of understanding. Donnot attach emotions.
From all d submissions, tho not a lawyer, I now understnd points of views of a:
* Human rights lawyer
* Crimunal lawyer, and
* civil....right law...

Thank u all lawyers ( Akinsadeez, Sagamite Akainzo & the rest....) for ur argments. U all entertained me.

I have learnt too. We all learn everyday. grin.
Shalom!

1 Like

Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by mu2sa2: 1:53pm On Oct 25, 2014
akinsadeez:



So how do you distinguish Amaechi's case then. Omehia never participated in the PDP primary and the whole world including Inec knew it. so what happened in that case.


I didnt even want to bring up the issue of how the court assumed jurisdiction in my opinion wrongly. If you read the post it was stated there that even the court of appeal refused to make consequential orders despite hearing the case. They were the ones who followed the law. To me, the supreme court in this case went completely outside the law all because they want to make a point.
There is a principle of law that a court of law cannot ignore the provisions of the statute just to tow the line of justice. By wrongly assuming jurisdiction that is what the supreme court has done.
So how do you expect the sc to deal with the unique scenario that this case presents? The lower courts were timid - the judges dont want to end up like Salami! But sc justices know, especially now, that they must do what is right. You can go on chanting ad infinitum that the sc acted outside the law, but the law is what the courts say it is.

2 Likes

Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by jerryjere(m): 1:57pm On Oct 25, 2014
If he paid all the salaries he collected from 2011 that means the elected person will start from were the illegal politician stop. so more completing another four years.
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by akinsadeez(m): 1:58pm On Oct 25, 2014
Sagamite:


shocked shocked shocked shocked shocked shocked shocked shocked shocked shocked shocked shocked

Learn from Sagamite ke?

Bobo yi o mo mi sha. (This guy does not know me at all o) grin grin grin grin grin grin grin grin grin grin grin grin

Mate, you need to go through my history and see that I am the king of insults if people argue stupidly without using their brains. grin grin grin grin

I only refrained and withheld from insulting you because:

- I could see you were at least using your brain and trying to reason before producing your arguments (no matter how faulty the outcome is, you made an attempt). I spotted it from your first post I read, that is why I did not come in with my usual insulting line.

- I could see you had good intentions with your argument. Not some moronic or selfish intentions like "our own" or "why would they block a criminal avenue I could benefit from in the future when it is my turn in this shithole country".

- You did not get annoyed with my counter arguments and make the mistake to insult me or be rude in anyway. That is the suicide many on NL commit.

- You did not decide to be dogmatic and stick with any particular line of weak argument in defiance. Many also do this because "dem no wan carry last". You tried to change angles to defend preceding weak arguments, then gave up when you saw I was persistent. To me, that was a slightly acceptable way to save face.


These are the reasons why I was civil. If those had been broken, I would have switched to the normal Sagamite.

Don't tell anyone to learn from me if you want them to learn civil. grin grin grin grin grin

Tell them to learn from TV01 or Siena. grin grin grin


I stand properly guided. lipsrsealed Na make I dey avoid you on top Nairaland now. grin
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by Sagamite(m): 2:00pm On Oct 25, 2014
akinsadeez:

I stand properly guided. lipsrsealed Na make I dey avoid you on top Nairaland now. grin

Not necessarily so if you are confident you always try to engage your brain. I am chilled with such people.

grin grin grin grin grin grin grin grin

1 Like

Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by akinsadeez(m): 2:02pm On Oct 25, 2014
mu2sa2:
So how do you expect the sc to deal with the unique scenario that this case presents? The lower courts were timid - the judges dont want to end up like Salami! But sc justices know, especially now, that they must do what is right. You can go on chanting ad infinitum that the sc acted outside the law, but the law is what the courts say it is.

Hmmmmmmm. I actually agree with this. Didn't think of it that way.

2 Likes

Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by gogodaye(m): 5:13pm On Oct 25, 2014
@ akinsadeez.....With due deference to you....you seem to be the one so emotionally worked up....how else can justice be seen to have been served in the circumstances....Mr. Akpodiete wrote withdrawing his candidture...asked for & was obliged his #2,000,000.00 expended to obtain the DPP's nomination forms..And he thereafter through guile obtained a certificate of return from INEC & received those funds that he was never entitled to as an impersonator.
He sure has a lot on his plate coming soon.
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by gogodaye(m): 5:24pm On Oct 25, 2014
[quote author=Akainzo post=27440455]

You need to study your dictionary a little more, if you don't know when to use "precedence" and when to use "precedent".[/quote

You got it all wrong...words have their specific usuages notwithstanding their denotative meanings ascribed to them in the dictionary. The apt word here is Judicial 'precedent' in the context of the discussion. Thats' why you'll be appalled to hear someone say he saw a car 'taxiing' rather than if the allusion was to an aircraft
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by gogodaye(m): 5:44pm On Oct 25, 2014
@akinsadeez
You got it all wrong again...the legal principle cited is a general one in law with its severally cknowledged exceptions..Equity as a handsmaid of justice follows the law to see that substantial justice gets done...Examples abound.so when someone attempted to keep his property which he'd used to obtain a loan & which was to be sold to offset same & pleaded his defualt in not having obtained the Gov consent under the LUA as prescribed the courts in doing justice said no..see Ajilo case
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by Rexyl(m): 5:45pm On Oct 25, 2014
Good development. Justice on course but how will the man refund all money he has collected so far?
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by gogodaye(m): 6:12pm On Oct 25, 2014
Rexyl:
Good development. Justice on course but how will the man refund all money he has collected so far?
My brotherman...we need not take panadol for this fellows' self inflicted headache............
He has got his plate full.....the law enforcement agencies are sure going to come knocking at his doors.......he sure is one lad going down all the way to the abyss on a free fall.........
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by Akainzo(m): 6:19pm On Oct 25, 2014
akinsadeez:



That's how people like you fail exams. You will see something written expressly yet go ahead, interpret something else in your brain and then spew rubbish. Where did you see anything about likes in my post? I wrote it there clearly that I was happy some people ''understand'' the angle from which I was arguing. How in the world 'understand' changed to 'Nairaland likes' in your own brain I will never know. Have you thought that someone might understand my point without actually pressing the like button. I am not a kid like you that hunts for likes on Nairaland.

I have been arguing constructively with people on this thread, which is how it should be. Don't bring your ill-thought, ill-digested mundane issues into this. If you can't address the issues like someone educated, then stay out of the debate. Maybe you can learn from Sagamite.
This is the last time I will be quoting or replying you


Glad you were not chasing for "Likes" but "understanding". That they understand your ill-thought idea about the judgement doesn't change what I wrote about it.

Blowing hot doesn't show your education, just your emotions as you addressed none of my points and only focused on "Like" or "understanding".

1 Like

Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by Fourwinds: 6:44pm On Oct 25, 2014
akinsadeez:
Salary Refund? that's weird.

I am of the opinion that the supreme court justices in this case have allowed their emotions to override their sense of law. I quite understand that they are very displeased with Inec's blatant complicity in denying the petitioner his right but they awarded 650,000 naira cost against both Inec and the respondent in this case. The salary refund is like double killing.

The salary that the man was paid was for basically for the services/functions that he rendered as a member of the state house of assembly. Now can the supreme court also order that all comments, arguments that the man proffered on the floor of the house be erased? Can they order that all the bills and motions that the man might have introduced be wiped off the record.

Oyinlola as governor of Osun state had spent almost the four years of his second term before the court declared Aregbesola as the rightfully elected governor. Imagine the court now giving an order that he should return all the salaries he earned for the three years he illegally occupied the seat. To justify that, you have to find a way of also reversing all the projects he did in those three years because he was paid for functioning as the governor.

To me, this seems like another Amaechi kinda judgment. The supreme court might be setting a dangerous precedent.
he needs to refund d money he earned. read d post again. he withdrew his candidature and his 2 million naira nomination was returned to him. so y occupy a seat he has no business with. d man is infact a criminal

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Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by Kay17: 8:13am On Oct 26, 2014
akinsadeez:
Salary Refund? that's weird.

I am of the opinion that the supreme court justices in this case have allowed their emotions to override their sense of law. I quite understand that they are very displeased with Inec's blatant complicity in denying the petitioner his right but they awarded 650,000 naira cost against both Inec and the respondent in this case. The salary refund is like double killing.

The salary that the man was paid was for basically for the services/functions that he rendered as a member of the state house of assembly. Now can the supreme court also order that all comments, arguments that the man proffered on the floor of the house be erased? Can they order that all the bills and motions that the man might have introduced be wiped off the record.

Oyinlola as governor of Osun state had spent almost the four years of his second term before the court declared Aregbesola as the rightfully elected governor. Imagine the court now giving an order that he should return all the salaries he earned for the three years he illegally occupied the seat. To justify that, you have to find a way of also reversing all the projects he did in those three years because he was paid for functioning as the governor.

To me, this seems like another Amaechi kinda judgment. The supreme court might be setting a dangerous precedent.

You do not know much about law. A constructive trust automatically operates on profits, remunerations, etc whilst occupying an illgotten position. So the court is not applying its sentiments but a century old law regularly recognised and applied by all the countries in the world.

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