Re: Where Saraki's Lawyers Goofed - By T0nyebarcanista by StevenJay01(m): 8:48pm On Sep 21, 2015 |
Fire burn the Mod that moved a fake and cloned ID topic to FP. 3 Likes |
Re: Where Saraki's Lawyers Goofed - By T0nyebarcanista by SeverusSnape(m): 8:50pm On Sep 21, 2015 |
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Re: Where Saraki's Lawyers Goofed - By T0nyebarcanista by seanjy4konji: 8:50pm On Sep 21, 2015 |
who is barcanista |
Re: Where Saraki's Lawyers Goofed - By T0nyebarcanista by agabusta: 8:53pm On Sep 21, 2015 |
20pounds:
My brother, you are very WRONG. Your submissions in the post portray you as a layman that applies morality and common sense to law. Both are different and can never meet.(Lord Denning).
1. You appeal the jurisdiction of trial Court in a higher Court and not the same Court. Where you do so, hearing of the matter automatically stops till a decision is reached on jurisdiction.
2. Saraki did not institute an action with the CCT as a party. His contention was that the office of the A-G federation was vacant and as such it cannot prosecute him.
#My Opinion; he was wrong on this one. In A-G Kaduna state v Hassan, it was held that where there is no substantive A-G, the solicitor General or any other officer in the office of the A-G cannot enter a nolle prosequi. In A-G fed v ANPP, it was held that the office of the A-G is a corporation sole and can prosecute persons even where there is no substantive A-G in place.
Saraki's Lawyers were not wrong to seek interpretation of the law on these two cases cos they have posed a conundrum to a lot of persons and Lawyers.
3. You argument is devoid of sound logic and point of law. It shouldn't have made frontpage.
Cc seun Are you a lawyer? If yes, then I am really disappointed. How can you say jurisdiction can only be challenged at an appelate court? Even someone who is not a lawyer but a regular reader of newspaper will tell you that you are wrong. Most cases start from arguments of jurisdiction of that particular court to try that particular case in that particular court Hope that wasns't too confusing. It is when the court rules against the persons on the subject of jurisdication , that the person can then approach an appelate court for redress. Did you even read what the appeal court said in this Saraki's case that made them throw Saraki's Ex parte request to the dustbin? "That they cannot interfere in an on-going trial at a lower court" 5 Likes 1 Share |
Re: Where Saraki's Lawyers Goofed - By T0nyebarcanista by mywells: 9:09pm On Sep 21, 2015 |
no shaking mr saraki we are behind you gidigba |
Re: Where Saraki's Lawyers Goofed - By T0nyebarcanista by Nobody: 9:12pm On Sep 21, 2015 |
SeverusSnape:
Foól Senseless jobless bastąrd Son of a whòre and a drunkąrd old foól. 1 Like |
Re: Where Saraki's Lawyers Goofed - By T0nyebarcanista by Nobody: 9:12pm On Sep 21, 2015 |
T0nyeBarcanista: Many SANs, including Saraki's lawyers have critically complained about the CCT's disregard for the authority of the Federal High Court.
Let us ignore the fact that they later shot themselves in the feet when they realised their mistake and ran back to institute exactly the same matter at the Court of Appeal.
Apparently, Saraki's lawyers did not realise the following and may need to be schooled further on why their action at the Federal High Court was a nullity:
1. When you are charged to a court....any court at all....and you wish to challenge it's jurisdiction, you do so right in that same court.
2. If the CCT ignores your application and rules that it has jurisdiction, then you appeal its ruling.
3. The constitution has already clarified which court is capable of reviewing the Ruling of the CCT.
4. No where in jurisprudence, is a plaintiff permitted to sue a court as a party to the case, the only provision is to appeal its ruling.
5. The CCT is a specialized court similar to the Election petition Tribunals. Appeals from them go directly to the Court of Appeal. These tribunal panels comprise high court judges of coordinate jurisdiction.
6. An invitation of the high court judge to both parties, asking for them to show reason why they feel the high court should not issue an interlocutory injunction stopping CCT is no way an Interlocutory Injunction already.
7. Saraki's disregard of a substantive court summon in the absence of an Interlocutory Injunction was a direct request for a bench warrant.
While it is very clear that the CCT has given Saraki and his lawyers utmost respect and regard by withholding the bench warrant, believing that as a responsible citizen, he will honour the summons on Tuesday, let no one be in doubt about the CCT's utmost power to arrest, detain and lock behind bars, any accused person who shows open brigandage and disregard for the court's authority, no matter how highly placed.
When you get your own Moniker/ handle without cloning another person's own, people might even take you serious. |
Re: Where Saraki's Lawyers Goofed - By T0nyebarcanista by SeverusSnape(m): 9:15pm On Sep 21, 2015 |
bulldoza:
Foól
Senseless jobless bastąrd Son of a whòre and a drunkąrd old foól. Your aallah is a monstrous fool. Mohammed is pedophilic cretinous cow. |
Re: Where Saraki's Lawyers Goofed - By T0nyebarcanista by T0nyeBarcanista(m): 9:18pm On Sep 21, 2015 |
20pounds:
My brother, you are very WRONG. Your submissions in the post portray you as a layman that applies morality and common sense to law. Both are different and can never meet.(Lord Denning).
1. You appeal the jurisdiction of trial Court in a higher Court and not the same Court. Where you do so, hearing of the matter automatically stops till a decision is reached on jurisdiction.
2. Saraki did not institute an action with the CCT as a party. His contention was that the office of the A-G federation was vacant and as such it cannot prosecute him.
#My Opinion; he was wrong on this one. In A-G Kaduna state v Hassan, it was held that where there is no substantive A-G, the solicitor General or any other officer in the office of the A-G cannot enter a nolle prosequi. In A-G fed v ANPP, it was held that the office of the A-G is a corporation sole and can prosecute persons even where there is no substantive A-G in place.
Saraki's Lawyers were not wrong to seek interpretation of the law on these two cases cos they have posed a conundrum to a lot of persons and Lawyers.
3. You argument is devoid of sound logic and point of law. It shouldn't have made frontpage.
Your first point just supported my argument. Yes it is common sense that an appeal regarding matters of jurisdiction is filed in a court of higher jurisdiction. What I am saying, which you have indirectly corroborated is that YOU MUST FIRST REGISTER YOUR STANCE ON THE JURISDICTION OF THE TRIAL COURT AND WHATEVER TECHNICAL ISSUES ON THE WRIT OF SUMMONS, WAIT FOR THE TRIAL COURT TO TAKE A STANCE BY RULING BEFORE DECIDING ON THE NEED FOR AN APPEAL OR NOT. YOU DO NOT SKIP ONE STEP IN LAW. You cannot build something on nothing, an appeal to a higher court is only valid when you have a ruling you wish to set-aside. You also got it wrong when you claimed that the CCT was not a party to the FHC suit....funny enough, the CCT was equally put on notice as a respondent.. verbum sat sapienti 1 Like |
Re: Where Saraki's Lawyers Goofed - By T0nyebarcanista by dunkem21(m): 9:26pm On Sep 21, 2015 |
dustmalik:
It's only in Nigeria you can say that rubbish to a presiding judge and get away with it. Elsewhere, you would be held in contempt, arrested and detained. Elsewhere .. ..Where exactly? 1 Like |
Re: Where Saraki's Lawyers Goofed - By T0nyebarcanista by docadams: 9:26pm On Sep 21, 2015 |
midolian: Ok, tomorrow is not far. I pray he repeats it tomorrow Repeat what?? More like asking him to swallow a grenade. 1 Like |
Re: Where Saraki's Lawyers Goofed - By T0nyebarcanista by midolian(m): 9:30pm On Sep 21, 2015 |
docadams:
Repeat what?? More like asking him to swallow a grenade. lol..he dare not! |
Re: Where Saraki's Lawyers Goofed - By T0nyebarcanista by Burger01(m): 9:30pm On Sep 21, 2015 |
Jesusloveyou: d op is not chief wailer No wonder. I fell for it. Naira land should not encourage cloning of IDs and handlers of such manners. Rubbish |
Re: Where Saraki's Lawyers Goofed - By T0nyebarcanista by Nobody: 9:37pm On Sep 21, 2015 |
Barcanista is now a lawyer |
Re: Where Saraki's Lawyers Goofed - By T0nyebarcanista by Zamurano1(m): 9:54pm On Sep 21, 2015 |
Councils to Saraki says him (Saraki) is ready to appear tomorrow na. so wetin again. |
Re: Where Saraki's Lawyers Goofed - By T0nyebarcanista by citizenY(m): 10:03pm On Sep 21, 2015 |
sunnyb0b0:
Point of correction, Saraki is not challenging the jurisdiction of the CCT but the administrative process of his charge. He is very much in order in the eyes of the law. That's OK. The eyes of the law are also "red".... on matters regarding corruption. Our eye too ... like traffic light wey no gree change.... permanently red. The same law is our refuge. 1 Like |
Re: Where Saraki's Lawyers Goofed - By T0nyebarcanista by freeage7(m): 10:33pm On Sep 21, 2015 |
Demmzy15: Guy you don come with your mushroom analysis! It's getting boring and baseless, I'll advice you take the back sit.
Pa Shukwudi Saraki's shoeshiner/buttlicker, we're expecting you here. Come and spew venom as usual! You dey mind am? He come Nairaland dey come form sabinus for law. |
Re: Where Saraki's Lawyers Goofed - By T0nyebarcanista by PenSniper: 10:37pm On Sep 21, 2015 |
T0nyeBarcanista: Many SANs, including Saraki's lawyers have critically complained about the CCT's disregard for the authority of the Federal High Court.
Let us ignore the fact that they later shot themselves in the feet when they realised their mistake and ran back to institute exactly the same matter at the Court of Appeal.
Apparently, Saraki's lawyers did not realise the following and may need to be schooled further on why their action at the Federal High Court was a nullity:
1. When you are charged to a court....any court at all....and you wish to challenge it's jurisdiction, you do so right in that same court.
2. If the CCT ignores your application and rules that it has jurisdiction, then you appeal its ruling.
3. The constitution has already clarified which court is capable of reviewing the Ruling of the CCT.
4. No where in jurisprudence, is a plaintiff permitted to sue a court as a party to the case, the only provision is to appeal its ruling.
5. The CCT is a specialized court similar to the Election petition Tribunals. Appeals from them go directly to the Court of Appeal. These tribunal panels comprise high court judges of coordinate jurisdiction.
6. An invitation of the high court judge to both parties, asking for them to show reason why they feel the high court should not issue an interlocutory injunction stopping CCT is no way an Interlocutory Injunction already.
7. Saraki's disregard of a substantive court summon in the absence of an Interlocutory Injunction was a direct request for a bench warrant.
While it is very clear that the CCT has given Saraki and his lawyers utmost respect and regard by withholding the bench warrant, believing that as responsible citizen, he will honour the summons on Tuesday, let no one be in doubt about the CCT's utmost power to arrest, detain and lock behind bars, any accused person who shows open brigandage and disregard for the court's authority, no matter how highly placed.
Thank you, TB |
Re: Where Saraki's Lawyers Goofed - By T0nyebarcanista by frisky2good(m): 10:39pm On Sep 21, 2015 |
Are you saying this is not the genuine barcanista? I thought he just changed his name SeverusSnape: Another barcanista wannabe. |
Re: Where Saraki's Lawyers Goofed - By T0nyebarcanista by tsdarkside(m): 10:40pm On Sep 21, 2015 |
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Re: Where Saraki's Lawyers Goofed - By T0nyebarcanista by Nobody: 10:41pm On Sep 21, 2015 |
Mods please ban this public fool! He is a disgrace to Confirmed fools who are not in denial! |
Re: Where Saraki's Lawyers Goofed - By T0nyebarcanista by barcaboi(m): 10:52pm On Sep 21, 2015 |
T0nyeBarcanista: Many SANs, including Saraki's lawyers have critically complained about the CCT's disregard for the authority of the Federal High Court.
Let us ignore the fact that they later shot themselves in the feet when they realised their mistake and ran back to institute exactly the same matter at the Court of Appeal.
Apparently, Saraki's lawyers did not realise the following and may need to be schooled further on why their action at the Federal High Court was a nullity:
1. When you are charged to a court....any court at all....and you wish to challenge it's jurisdiction, you do so right in that same court.
2. If the CCT ignores your application and rules that it has jurisdiction, then you appeal its ruling.
3. The constitution has already clarified which court is capable of reviewing the Ruling of the CCT.
4. No where in jurisprudence, is a plaintiff permitted to sue a court as a party to the case, the only provision is to appeal its ruling.
5. The CCT is a specialized court similar to the Election petition Tribunals. Appeals from them go directly to the Court of Appeal. These tribunal panels comprise high court judges of coordinate jurisdiction.
6. An invitation of the high court judge to both parties, asking for them to show reason why they feel the high court should not issue an interlocutory injunction stopping CCT is no way an Interlocutory Injunction already.
7. Saraki's disregard of a substantive court summon in the absence of an Interlocutory Injunction was a direct request for a bench warrant.
While it is very clear that the CCT has given Saraki and his lawyers utmost respect and regard by withholding the bench warrant, believing that as a responsible citizen, he will honour the summons on Tuesday, let no one be in doubt about the CCT's utmost power to arrest, detain and lock behind bars, any accused person who shows open brigandage and disregard for the court's authority, no matter how highly placed.
u get brain.....tho I don't always support ur writeups but u do have a point....respect |
Re: Where Saraki's Lawyers Goofed - By T0nyebarcanista by Nobody: 10:54pm On Sep 21, 2015 |
SeverusSnape:
Your aallah is a monstrous fool. Mohammed is pedophilic cretinous cow.
Lol! Bloody retąrd Who told this foól that I'm a muslim Ode Woe betide thee Miserable flattee |
Re: Where Saraki's Lawyers Goofed - By T0nyebarcanista by hansad: 10:59pm On Sep 21, 2015 |
Hmm, Barcanister is popular o!!!!!!
Sotay, people the clone him handle; like the one here. |
Re: Where Saraki's Lawyers Goofed - By T0nyebarcanista by Nobody: 10:59pm On Sep 21, 2015 |
Demmzy15: Guy you don come with your mushroom analysis! It's getting boring and baseless, I'll advice you take the back sit.
Pa Shukwudi Saraki's shoeshiner/buttlicker, we're expecting you here. Come and spew venom as usual! |
Re: Where Saraki's Lawyers Goofed - By T0nyebarcanista by ayusco85(m): 11:19pm On Sep 21, 2015 |
Abugab: The points are valid and salient. Saraki can't run away from this than to appear before CCT and defend himself. The CCT should not succumb to the usual delay tactics of his lawyers as the whole process should be done as fast as possible because many more are still out here that needs to face the music. One fact people tend to forget is that this administration has the VP as one of the best criminal justice lawyer and Prof. Sagay a foremost constitutional lawyer. Any thief brought out will hardly have any escape route because Falana will soon join them to put fire on all their buttocks. This guy is damn too funny. |
Re: Where Saraki's Lawyers Goofed - By T0nyebarcanista by lastpage: 11:51pm On Sep 21, 2015 |
T0nyeBarcanista:
While it is very clear that the CCT has given Saraki and his lawyers utmost respect and regard by withholding the bench warrant, believing that as a responsible citizen, he will honour the summons on Tuesday, let no one be in doubt about the CCT's utmost power to arrest, detain and lock behind bars, any accused person who shows open brigandage and disregard for the court's authority, no matter how highly placed.
Barcanista has "received SENSE"!
What happened?Praise God! Lastpage! |
Re: Where Saraki's Lawyers Goofed - By T0nyebarcanista by lastpage: 12:00am On Sep 22, 2015 |
2 Likes |
Re: Where Saraki's Lawyers Goofed - By T0nyebarcanista by nduchucks: 12:09am On Sep 22, 2015 |
The Op revealed himself when he used the word "interlocutory". You're busted buster! |
Re: Where Saraki's Lawyers Goofed - By T0nyebarcanista by Nobody: 12:11am On Sep 22, 2015 |
Demmzy15: Guy you don come with your mushroom analysis! It's getting boring and baseless, I'll advice you take the back sit.
Pa Shukwudi Saraki's shoeshiner/buttlicker, we're expecting you here. Come and spew venom as usual! I bet you spilled this out of the hate you have for barcanista, you didn't even take a second to read the post. unfortunately for you this is not the real bacarnista, and his points we're so on point. 1 Like 1 Share |
Re: Where Saraki's Lawyers Goofed - By T0nyebarcanista by ldpele(m): 12:24am On Sep 22, 2015 |
midolian: This guy is so on point.
8.) You don't call a judge that presides over your case "incompetent". I am sure joseph Daudu will regret ever calling a hausa/fulani Judge "incompetent".
The same "incompetent" Justice Danladi Umar will be the one he and his paymaster(Saraki) will face tomorrow. wondered about it when I heard the sound bite of what transpired at the CCT today, and I was so surprised why a SAN will used such terms. Equally thought if he could av been able to play to the judge's emotions, incase, he desires to stay off the case for another judge to handle. 1 Like |
Re: Where Saraki's Lawyers Goofed - By T0nyebarcanista by aresa: 12:43am On Sep 22, 2015 |
sunnyb0b0:
Point of correction, Saraki is not challenging the jurisdiction of the CCT but the administrative process of his charge. He is very much in order in the eyes of the law. In his ground of appeal, Senator Saraki through his counsel, Joseph Daudu, submitted that the tribunal erred in law and also acted without jurisdiction by assuming jurisdiction over the criminal trial of the appellant at the Code of Conduct Tribunal for a charge which is being challenged at the Federal High Court.
http://www.channelstv.com/2015/09/18/saraki-appeals-code-of-conduct-tribunal-ruling/ Familiarize yourself with issues first before making ignorant assertions on the internet... 1 Like |