In the case of

The Lagos State Government vs Chief Emeka Ojukwu,

It was held by the Supreme Court that....

"I think it is a very serious matter for anyone to flout a positive order of a court and proceed to taunt the Court further by seeking a remedy in a higher court while still in contempt of the lower court.

It is more serious when the act of flouting the order of the court, the contempt of the court, is by the Executive. Under the Constitution of the Federal Republic of Nigeria, 1979, the Executive, the Legislative (while it lasts) and the Judiciary are equal partners in the running of a successful government.

The powers granted by the Constitution to these organs by s.4 (Legislative powers) s.5 (executive powers) and s.6 (judicial powers) are classified under an omnibus umbrella known under Part 11 to the Constitution as “Powers of the Federal Republic of Nigeria”.

The organs wield those powers and one must never exist in sabotage of the other or else there is chaos. Indeed there will be no federal government. I think, for one organ, and more especially the Executive, which holds all the physical powers, to put up itself in sabotage or deliberate contempt of the other is to stage an executive subversion of the Constitution it is to uphold. Executive lawlessness tantamount to a deliberate violation of the Constitution.

When the Executive is the Military Government which blends both the Executive and the Legislative together and which permits the Judiciary to co-exist with it in the administration of the country, then it is more serious than imagined.

By virtue of the Constitution (Suspension Modification) Decree 1984 No. 1 a good number of the provisions of the Constitution were suspended. Indeed, what was left was what had been permitted by the Federal Military Government to exist.

All the provisions relating to the Judiciary were saved. Section 6 of the Constitution, the most important provision, in so far as the institution known as the Judiciary is concerned, which vests in courts the judicial powers of the Federation was left extant. The Military Government had the power and still has to put an end to the existence of that provision, It has not done so, and that must have been advisedly for it does intend that the rule of law should pervade.

It is the clearest indication against rule by Tyranny, by sheer force of arms against a presumption subjecting the nation to the rule of might as against rule of right.

That being the case, it behoves of every organ of the Military Government to make it clear at all times, albeit as the presumption is always that of rule by might of the military, to assume a perennial onus of demonstrating a rebuttal of this onus.

With the contempt of the Court of Appeal by the Applicants still subsisting, it would he inequitable for this Court to give a consideration to the application of the Applicants. Let the Lagos State Government purge itself of this serious contempt, of this apparent violation of the Constitution even as amended by Decree No. 1 of 1984 before coming to seek the favour of the Court"

Read full judgement here; (copy the whole link and paste in your browser as the link seems to be broken here).

http://www.lawpavilionpersonal.com/newfulllawreport.jsp?suite=olabisi@9thfloor&pk=SC.241/1985&apk=611

Lalasticlala, over to you.

Good reasoning. This are the reasons why most of us are saying that the executive can not continue to break laws to uphold the law. They are breading anarchy.

If i hear say boo boo understand any of this grammar wey una write...

the thing is most Nigerian judges re easily compromise n thereby given verdict in favour of the biggest box!

provided we av got a clean conscience in dealing. wt criminals court order can go to blazes

Why Buhari Is Right In Detaining Nnamdi Kanu And Dasuki.... The Position Of Law

Ever since some law courts admitted former National Security Adviser Col. Sambo Dasuki (rtd.) and Biafra agitator Nnamdi Kanu to bail and they were not promptly released, there has been lots of hot air released, either backing or attacking their continued detention.

Today, I write to say that I think President Muhammadu Buhari (PMB) and the Federal Government are right in law, contrary to the loud crowd’s assertion of ‘human rights’. first, let me state it clearly here, I am not against anybody nor group. I am an Igbo man from Agu-ukwu Nri in Anaocha Local Govt of Anambra State. but we must always do things in accordance with the laws of the land.

The detention of Col. Sambo Dasuki (rtd.) and Nnamdi Kanu has generated a lot of debate and even criticisms against the Federal Government and the person of the President of the Federal Republic of Nigeria, Muhammadu Buhari (PMB). These criticisms reached their peak after the President’s responses to some questions on the issue in his maiden presidential media chat of Wednesday December 30. Some legal luminaries and human rights activists vehemently contend that the Government violated court orders granting the said accused persons bail.

The Vanguard of Monday January 4 reported several senior lawyers, including the current NBA president, contending that the Government is guilty of disregarding court orders on the issue. Some argue that the Federal Government should have released Kanu or deported him after seven days. These critics have turned the trial of the duo into the trial of the State that is accusing them. I put it to 2/3 of Our so called lawyers even those in the rank of SANs that they do not know the true position of our laws. most of them who claim to be so good and sound in the field of law do not know the law itself. Even the ones claiming to be standing for Nnamdi Kanu and Dasuki do not know the true position of laws of the land.

The one million dollar question now begging for answer is therefore: Is the Federal Government really in breach of Court Orders? The answer to this question is NO. Let me say outright here that the President’s opinion on this matter is in accord with the judgement of the Supreme Court in Dokubo-Asari v. F.R.N. (2007) All FWLR (Pt. 375) p. 558 where the Supreme Court held at page 585 thus:

“…Where national security is threatened or there is the real likelihood of it being threatened, human rights or the individual rights of those responsible take second place. Human rights or individual rights must be suspended until the national security can be protected or well taken care of. This is not anything new. The corporate existence of Nigeria as a united, harmonious, indivisible and indissoluble sovereign nation is certainly greater than any citizen’s liberty or right.”

This is the law as enunciated by a unanimous decision of the apex court of the land during Yar'dua regime. The law is what the courts say it is, and not what we see in statute books. Therefore, PMB’s opinion on this matter is more in tandem with the spirit of the constitution and the law than that of those senior legal minds and human rights activists.
It is true Kanu was granted bail on October 17. On the day he claimed to have perfected his bail conditions, he was already too late as the Attorney General of the Federation (AGF) had already filed a fresh six-count charge against him. Thus, in law, Kanu was released on bail for the earlier charges and then re-arrested on the new charges, which charge sheet was served on him the day he perfected those conditions.

When Kanu was arraigned on the fresh charges before Justice Ahmed Mohammed of the Federal High Court, he declined to enter his plea and objected to the jurisdiction of the court to try him, accusing the judge of bias. Consequently, the judge rightly disqualified himself and remitted the case file to the Chief Judge for redirection.

Like Kanu, Dasuki and three others were arraigned before the High Court of the Federal Capital Territory by the EFCC on a 19-count charge bordering on money laundering and criminal breach of trust. On December 18 Dasuki and others were granted bail on the said 19-count charge. The former NSA perfected his bail conditions and was released on bail. Later, the government found fresh pieces of evidence against him and he was re-arrested and re-arraigned on a 22-count charge.

He was again granted bail and, after his release, the government re-arrested him at the gate of the court on yet another fresh set of charges.

The law is settled that any bail granted an accused is completely related to the offence(s) for which he is charged. So, if after he has been granted bail the prosecution charges him for another offence for which no bail has been granted and no plea taken, then the accused can be re-arrested.

Some of the lawyers seem to have admitted this leg of the argument. However, the problem they seem to have is the timing of the re-arrest. They opine that even though the Government has a right to re-arrest them on fresh charges, that should not come immediately after release. They further reason that the FG should have lumped the charges together instead of bringing them piecemeal.

Again, these submissions are without any basis. It is within the exclusive prerogative of the prosecution (and not anybody else) to decide whether, when and how to charge accused persons. In these matters, the AGF is the law unto himself! He is not subject to the control of anyone as far as the exercise of his powers is concerned. See State v. S.O. Ilori & 2 others (1983) 2 S.C. 155 and Amaefule v. State (1988) 2 NWLR (part 75) page 156.

One lawyer argued that Kanu should have been released after seven days of detention or deported from Nigeria in accordance with the Immigration Act. The lawyer even initiated an online petition on December 31 calling on the President to resign from office or be impeached for the alleged breaches. It was countered by another petition of Buhari supporters on www.ipetition.com <http://www.ipetition.com>. At the time of writing (noon Friday January cool, the anti-Buharis have gathered 2,997 signatures in 9 days while the pro-Buharis have gathered 12,343 in 5 days, and still counting.

This aside, is seven days detention and/or deportation the punishments for the offence Kanu is charged with? Kanu is facing a 6-count charge, one of which is treason. By section 41 (c) of the CCA, treason is a capital offence which attracts the Death Sentence. It is a matter of common knowledge that Kanu has threatened to wage war against Nigeria and has taken several steps to make his threat real.

Dasuki, on the other hand, is charged with crimes bordering misappropriation of funds set aside for the procurement of arms to battle the Boko Haram insurgency and illegal possession of firearms. Furthermore, there is the fear he may jump bail; in fact he has said he wants to jet out to receive ‘medical attention’ abroad; the habit of many a high profile figure charged with crime.

And could the opinion of the President in the said media chat influence the judge? It depends: for some judges it may make no difference; for some, it may influence the judge against the accused persons; for yet others, it may influence them in favour of the accused persons (true for judges who want to assert their authority and independence). There is no certainty as to whether and in which way the influence of that opinion goes.

So, finally, we resort again to the Supreme Court “Where national security is threatened…individual rights of those responsible take second place...” and say PMB is right by law. At this point, I am calling on my Igbo brothers to come back home. Let us reason on the way forward. Violence does not pay. I call upon the wife of Late Ikemba Ndi Igbo as a matter of urgency to build a sound and digital Library for Ikemba if it at Nnewi His Country Home or at Enugu where people mostly the younger generation who did not witness the Civil war to know more and equally to tap from what went wrong in the past and the way forward. Before 2011 elections, when IBB visited Ojukwu at His Residence before the Northern Elders did mock primaries between Atiku and IBB, Ojukwu addressed Ndi Igbo urging us to support the Northerners. what happened the press statement. I will come up with issue and many more at appropriate time. I rest my case.

PASCHAL28:
Why Buhari Is Right In Detaining Nnamdi Kanu And Dasuki.... The Position Of Law

Ever since some law courts admitted former National Security Adviser Col. Sambo Dasuki (rtd.) and Biafra agitator Nnamdi Kanu to bail and they were not promptly released, there has been lots of hot air released, either backing or attacking their continued detention.

Today, I write to say that I think President Muhammadu Buhari (PMB) and the Federal Government are right in law, contrary to the loud crowd’s assertion of ‘human rights’. first, let me state it clearly here, I am not against anybody nor group. I am an Igbo man from Agu-ukwu Nri in Anaocha Local Govt of Anambra State. but we must always do things in accordance with the laws of the land.

The detention of Col. Sambo Dasuki (rtd.) and Nnamdi Kanu has generated a lot of debate and even criticisms against the Federal Government and the person of the President of the Federal Republic of Nigeria, Muhammadu Buhari (PMB). These criticisms reached their peak after the President’s responses to some questions on the issue in his maiden presidential media chat of Wednesday December 30. Some legal luminaries and human rights activists vehemently contend that the Government violated court orders granting the said accused persons bail.

The Vanguard of Monday January 4 reported several senior lawyers, including the current NBA president, contending that the Government is guilty of disregarding court orders on the issue. Some argue that the Federal Government should have released Kanu or deported him after seven days. These critics have turned the trial of the duo into the trial of the State that is accusing them. I put it to 2/3 of Our so called lawyers even those in the rank of SANs that they do not know the true position of our laws. most of them who claim to be so good and sound in the field of law do not know the law itself. Even the ones claiming to be standing for Nnamdi Kanu and Dasuki do not know the true position of laws of the land.

The one million dollar question now begging for answer is therefore: Is the Federal Government really in breach of Court Orders? The answer to this question is NO. Let me say outright here that the President’s opinion on this matter is in accord with the judgement of the Supreme Court in Dokubo-Asari v. F.R.N. (2007) All FWLR (Pt. 375) p. 558 where the Supreme Court held at page 585 thus:

“…Where national security is threatened or there is the real likelihood of it being threatened, human rights or the individual rights of those responsible take second place. Human rights or individual rights must be suspended until the national security can be protected or well taken care of. This is not anything new. The corporate existence of Nigeria as a united, harmonious, indivisible and indissoluble sovereign nation is certainly greater than any citizen’s liberty or right.”

This is the law as enunciated by a unanimous decision of the apex court of the land during Yar'dua regime. The law is what the courts say it is, and not what we see in statute books. Therefore, PMB’s opinion on this matter is more in tandem with the spirit of the constitution and the law than that of those senior legal minds and human rights activists.
It is true Kanu was granted bail on October 17. On the day he claimed to have perfected his bail conditions, he was already too late as the Attorney General of the Federation (AGF) had already filed a fresh six-count charge against him. Thus, in law, Kanu was released on bail for the earlier charges and then re-arrested on the new charges, which charge sheet was served on him the day he perfected those conditions.

When Kanu was arraigned on the fresh charges before Justice Ahmed Mohammed of the Federal High Court, he declined to enter his plea and objected to the jurisdiction of the court to try him, accusing the judge of bias. Consequently, the judge rightly disqualified himself and remitted the case file to the Chief Judge for redirection.

Like Kanu, Dasuki and three others were arraigned before the High Court of the Federal Capital Territory by the EFCC on a 19-count charge bordering on money laundering and criminal breach of trust. On December 18 Dasuki and others were granted bail on the said 19-count charge. The former NSA perfected his bail conditions and was released on bail. Later, the government found fresh pieces of evidence against him and he was re-arrested and re-arraigned on a 22-count charge.

He was again granted bail and, after his release, the government re-arrested him at the gate of the court on yet another fresh set of charges.

The law is settled that any bail granted an accused is completely related to the offence(s) for which he is charged. So, if after he has been granted bail the prosecution charges him for another offence for which no bail has been granted and no plea taken, then the accused can be re-arrested.

Some of the lawyers seem to have admitted this leg of the argument. However, the problem they seem to have is the timing of the re-arrest. They opine that even though the Government has a right to re-arrest them on fresh charges, that should not come immediately after release. They further reason that the FG should have lumped the charges together instead of bringing them piecemeal.

Again, these submissions are without any basis. It is within the exclusive prerogative of the prosecution (and not anybody else) to decide whether, when and how to charge accused persons. In these matters, the AGF is the law unto himself! He is not subject to the control of anyone as far as the exercise of his powers is concerned. See State v. S.O. Ilori & 2 others (1983) 2 S.C. 155 and Amaefule v. State (1988) 2 NWLR (part 75) page 156.

One lawyer argued that Kanu should have been released after seven days of detention or deported from Nigeria in accordance with the Immigration Act. The lawyer even initiated an online petition on December 31 calling on the President to resign from office or be impeached for the alleged breaches. It was countered by another petition of Buhari supporters on www.ipetition.com <http://www.ipetition.com>. At the time of writing (noon Friday January cool, the anti-Buharis have gathered 2,997 signatures in 9 days while the pro-Buharis have gathered 12,343 in 5 days, and still counting.

This aside, is seven days detention and/or deportation the punishments for the offence Kanu is charged with? Kanu is facing a 6-count charge, one of which is treason. By section 41 (c) of the CCA, treason is a capital offence which attracts the Death Sentence. It is a matter of common knowledge that Kanu has threatened to wage war against Nigeria and has taken several steps to make his threat real.

Dasuki, on the other hand, is charged with crimes bordering misappropriation of funds set aside for the procurement of arms to battle the Boko Haram insurgency and illegal possession of firearms. Furthermore, there is the fear he may jump bail; in fact he has said he wants to jet out to receive ‘medical attention’ abroad; the habit of many a high profile figure charged with crime.

And could the opinion of the President in the said media chat influence the judge? It depends: for some judges it may make no difference; for some, it may influence the judge against the accused persons; for yet others, it may influence them in favour of the accused persons (true for judges who want to assert their authority and independence). There is no certainty as to whether and in which way the influence of that opinion goes.

So, finally, we resort again to the Supreme Court “Where national security is threatened…individual rights of those responsible take second place...” and say PMB is right by law. At this point, I am calling on my Igbo brothers to come back home. Let us reason on the way forward. Violence does not pay. I call upon the wife of Late Ikemba Ndi Igbo as a matter of urgency to build a sound and digital Library for Ikemba if it at Nnewi His Country Home or at Enugu where people mostly the younger generation who did not witness the Civil war to know more and equally to tap from what went wrong in the past and the way forward. Before 2011 elections, when IBB visited Ojukwu at His Residence before the Northern Elders did mock primaries between Atiku and IBB, Ojukwu addressed Ndi Igbo urging us to support the Northerners. what happened the press statement. I will come up with issue and many more at appropriate time. I rest my case.

Sorry but your article is not in line with the topic.

Are you inferring that the Federal government has got right to disobey court orders where it believes that national security is threatened?

Nobody is talking about individual rights here but about obedience to court orders and the rule of law which is supreme to all others.

sunnyb0b0:


Sorry but your article is not in line with the topic.

Are you inferring that the Federal government has got right to disobey court orders where it believes that national security is threatened?

Nobody is talking about individual rights here but about obedience to court orders and the rule of law which is supreme to all others.

And still the FG feels national security is under treats, nd as such steps needs to be taking to protect it from these two men.

in daura democrazy, d president chooses which court oda to obey. I call it d Zoo principle.

budusky05:


And still the FG feels national security is under treats, nd as such steps needs to be taking to protect it from these two men.

So because the FG 'feels' that the national security is under threat, that now gives if it the power to disobey the rule of law.

May I remind you that nothing threatens the national serurity more than the disobedience of the rule of law, which breeds anarchy.

Ok, let's pretend that Nnamdi Kanu pose a national threat(though we are yet to see how, except what we're being told by the FG to justify their actions). How much of a threat is Dasuki that will make the FG to throw caution in the wind even after a competent court of law has deem it fit for him to be release on bail.

Though I'm not in any way in support of what these duo did, I still believe that respect to the rule of law is supreme to any other thing.

utenwuson:
the thing is most Nigerian judges re easily compromise n thereby given verdict in favour of the biggest box!

provided we av got a clean conscience in dealing. wt criminals court order can go to blazes

Don't worry Karma is a bitch!

One day you or any member of your family will be arrested and deny bail even when the court has ruled for your bail.


@Mbuhari and @ApcNigeria are Cowards, they can't take criticism, they block me on twitter so they can see Zombies comment alone. #Coward.

#AskYourself

great664:


Don't worry Karma is a bitch!

One day you or any member of your family will be arrested and deny bail even when the court has ruled for your bail.


@Mbuhari and @ApcNigeria are Cowards, they can't take criticism, they block me on twitter so they can see Zombies comment alone. #Coward.

#AskYourself

pls dasuki was released on bail but rearrested at the prison gate. can u quote a section of the law that forbid rearresting of the accused pls am still searching 4 it

It appears that we deviated from some facts on ground. Are there no fresh charges against Nnamdi and Dasuk? If the answer is yes, so why this cry?

Secondly, nobody seems to be calling for the release of other Nigerians littered over the country that have been on waiting trials for only God's knows when. Calling for Dasuki release and Nnamdi without the inclusion of other prisoner that has been on trials list for mere crime of stealing a bottle of coke is a height of hypocrisy. The rule of law that is good for Dasuki is also good for other criminals.

All of the above Postulation is false!!

When you want to rely on tort to place an argument before a court; the first question that must be asked is this! What is the issue for determination?? Is there any similarity before the issues for determination between the tort and the current case in review?? Is The reference tort, bearing the same background and is the reference a basis of judgement??

My question: in the case of Asari Vs FG, was disobeying the decision of a lower court a subject of determination! Yes or No!!

The lie that Prof Sagay is telling Nigerians is that even if Bail is granted; if fresh charges are to be instituted, a man can always be rearested and detained!! That is the argument used both for Dasuki and Kanu!!

Dasuki case is embezzlement related; it has nothing to do with National security!!

Its Kanu case that seems to have something to do with National security and what is the foundation of his crime; importation of Sophisticated broadcast equipment for the purpose of promoting Treason, war and succession all of which are threats to National security!! Not guns, not bombs, not for hosting terrorist camps, not for kidnapping nor abduction!! It is only Kanu that refused to enter a plea for the second charge!!

Dasuki was initially permitted by the court to go and see his doctor on health grounds abroad and was given till January 18 to return; but SSS refused to release his passport and instead chose to place guards in his house!!
That can even be cited by his lawyer as torture of a psychological kind, incase most of you don't know!!

From the moment I heard that Dasuki was denied permission to travel I stopped following his case, because right there and then I knew dasuki was just fighting "Call of Duty Ghosts" of 1984!! As we speak, I believe they are just trying to convince the fellow to sign a deal that sees he doesn't go to prison but will accept a gulity plea just to make Buhari/APC look good/justified!!

Let's just say, for the purpose of believing the ridiculous; Buhari/SSS/EFCC are right concerning their conduct over Kanu and Dasuki!! Afterall they are threats to our National security (and not Buhari/APC or his cabinet).

Explain the case of the Ex-Dg of NIMASA! Did he not fulfill all bail conditions of 2 cases?? What prompted his violent arrest?? National security?? Of which no fresh charge has been instituted against the fellow because they have exhausted extensively all possible chargable offences relating to his tenure in NIMASA in the 2 courts!!

I followed his case diligently and found out that Buhari's only "face-saver" is War-on-corruption!! Just as Obama's only "face-saver" was OBAMACARE and bringing back our troops home!! So anything that makes it look as though this anti-corruption thing isn't going on will make him look weak, foolish and non-functional!!

That's why the DG of NIMASA could be treated like a common criminal even though he has been granted bail in all courts where he had cases!! Things like this will only encourage people like the police, who know that once they declare corruption; they can even kill you in the name of arrest, afterall na change we dey practise ba? Zero tolerance for both Corruption and Nigerian Law!!

It is either they will say looters are returning money or EFCC/SSS has jailed someone illegally and some foolish Nigerians will be clapping or they will say Buhari "Ordered" something!! Like Buhari Ordered that December Salaries be paid, meanwhile my aunty whey dey LUTH as at the time of ordering na only November salary na e enter in the month of december!!

As bad and as corrupt as Goodluck is believed to be; he never owed Federal workers salary; delayed? Yes! Owe? No! The only issues he had were tied to MOU he inherited that demanded backlogged payments/arrears which opposition is always Willing able and ready to capitalize on, after all its their democratic birthright - but now that they are in power, they wanna muzzle the press!!

They are running a television government and unfortunately, that is in Nobody's interest but their own!! After all................They are always people willing, able and ready to hail a non-functional, non-corrupt government!!!

amaechi1:
It appears that we deviated from some facts on ground. Are there no fresh charges against Nnamdi and Dasuk? If the answer is yes, so why this cry?

Secondly, nobody seems to be calling for the release of other Nigerians littered over the country that have been on waiting trials for only God's knows when. Calling for Dasuki release and Nnamdi without the inclusion of other prisoner that has been on trials list for mere crime of stealing a bottle of coke is a height of hypocrisy. The rule of law that is good for Dasuki is also good for other criminals.

Did the topic or original post mention Dasuki or Kanu?

Be guided bro.

ehissi:
All of the above Postulation is false!!

When you want to rely on tort to place an argument before a court; the first question that must be asked is this! What is the issue for determination?? Is there any similarity before the issues for determination between the tort and the current case in review?? Is The reference tort, bearing the same background and is the reference a basis of judgement??

My question: in the case of Asari Vs FG, was disobeying the decision of a lower court a subject of determination! Yes or No!!

The lie that Prof Sagay is telling Nigerians is that even if Bail is granted; if fresh charges are to be instituted, a man can always be rearested and detained!! That is the argument used both for Dasuki and Kanu!!

Dasuki case is embezzlement related; it has nothing to do with National security!!

Its Kanu case that seems to have something to do with National security and what is the foundation of his crime; importation of Sophisticated broadcast equipment for the purpose of promoting Treason!! Not guns, not bombs, not for hosting terrorist camps, not for kidnapping nor abduction!! It is only Kanu that refused to enter a plea for the second charge!!

Dasuki was initially permitted by the court to go and see his doctor on health ground abroad and was given till January 18 to return; but SSS refused to release his passport and instead chose to place guards in his house!!
That can even be cited by his lawyer as torture of a psychological kind, incase most of you don't know!!

From the moment I heard that Dasuki was denied permission to travel I stopped following his case, because right there and then I knew dasuki was just fighting "Call of Duty Ghosts" of 1984!! As we speak, I believe they are just trying to convince the fellow to sign a deal that sees he doesn't go to prison but will accept a gulity plea just to make Buhari/APC look good/justified!!

Let's just say, for the purpose of believing the ridiculous; Buhari/SSS/EFCC are right concerning their conduct over Kanu and Dasuki!! Afterall they are threats to our National security (and not Buhari or his cabinet).

Explain the case of the Ex-Dg of NIMASA! Did he not fulfill all bail conditions of 2 cases?? What prompted his violent arrest?? National security??

I followed his case diligently and found out that Buhari's only "face-saver" is War-on-corruption!! Just as Obama's only "face-saver" was OBAMACARE and bringing back our troops home!! So anything that makes it look as though this anti-corruption thing isn't going on will make him look weak, foolish and non-functional!!

That why the DG of NIMASA could be treated like a common criminal even though he has been granted bail in all courts where he had cases!!

It is either they will say looters are returning money or EFCC/SSS has jailed someone illegally and some foolish Nigerians will be clapping or they will say Buhari "Ordered" something!! Like Buhari Order that December Salaries paid, meanwhile my aunty whey dey LUTH as at the time of ordering na only december salary na e enter!!

They are running a television government and unfortunately, that is in Nobody's interest but their own!! After all................They are always people willing to hail a non-functional, non-corrupt government!!!

story ..story. Dasuki stole money meant for arms or not? How shall your Aunty get paid when you support criminals who misappropriate money budgeted for specific projects. The whole world would learn from us how criminals can't use the law to evade Justice. we ready for una.

Babacele:
story ..story. Dasuki stole money meant for arms or not? How shall your Aunty get paid when you support criminals who misappropriate money budgeted for specific projects. The whole world would learn from us how criminals can't use the law to evade Justice. we ready for una.

Are you or Buhari the court to determine whether Dasuki stole or not?

We are not living in a jungle mate.

sunnyb0b0:

Are you or Buhari the court to determine whether Dasuki stole or not?
We are not living in a jungle mate.

sue EFCC or SSS .

sunnyb0b0:


Are you or Buhari the court to determine whether Dasuki stole or not?

We are not living in a jungle mate.

sue EFCC or SSS . and if you ain't ashamed of the confessions of loot returner s who got what from Dasuki , n who have been singing recently ,then it s a pity sir!

Babacele:
story ..story. Dasuki stole money meant for arms or not? How shall your Aunty get paid when you support criminals who misappropriate money budgeted for specific projects. The whole world would learn from us how criminals can't use the law to evade Justice. we ready for una.

What is this one saying!!
Ok! Let me follow ya very intelligent line of argument;
Dasuki stole money meant for arms so we didn't get arms and so he should be in jail whether court grant him bail or not!! Right??

Who stole money meant for my Aunty's December Salary under Buhari's watch and why isn't the person in Jail!!??

Babacele:
sue EFCC or SSS . and if you ain't ashamed of the confessions of loot returner s who got what from Dasuki , n who have been singing recently ,then it s a pity sir!

Of a truth, Primary school pupils have invaded Nairaland.

ehissi:


What is this one saying!!
Ok! Let me follow ya very intelligent line of argument;
Dasuki stole money meant for arms so we didn't get arms and so he should be in jail whether court grant him bail or not!! Right??

Who stole money meant for my Aunty's December Salary under Buhari's watch and why isn't the person in Jail!!??

Dasuki is being kept in jail by an order of a court. If you folks don't know, ask.

Babacele:
Dasuki is being kept in jail by an order of a court. If you folks don't know, ask.

Ok!! Let me Feign ignorance.........for a while!!
The Ex-DG of NIMASA is held/arrested on whose orders may I ask

sunnyb0b0:

Of a truth, Primary school pupils have invaded Nairaland.

thank you professor as I upgrade you:




First;

Dasuki is facing two sets of criminal charges involving alleged diversion of about N45bn meant for arms procurement, along with others before two judges of the FCT High Court, Abuja. A Senior Advocate of Nigeria, Chief Felix Fagbohungbe, said Dasuki’s re-arrest would be justified if the DSS were investigating other alleged crimes against him other than the one for which he had been arraigned and granted bail. He said, “It is possible that they want to charge him with a different offence; perhaps they are investigating another offence that is different from the ones they have charged him with. Of course, the bail he was granted is restricted to the offence and the charge pending before the court. If he is being arrested for a different issue entirely, which is not related to this pending charge, I would say the DSS has not done anything wrong. But, of course, his lawyer could also go to court to find out why he is being detained.” A Lagos-based lawyer, Mr. Dele Adeogun, said Nigerians should not jump into conclusion, noting that the DSS had earlier been accused of high-handedness when it prevented Dasuki from travelling abroad until the fresh facts about Dasukigate came into the open. Adeogun, however, expressed reservation over the piece-meal manner in which the DSS was conducting its investigations. He called on the security agency to conclude all its investigations and charge Dasuki to court on all offences once and for all. Adeogun said, “There is no law that says a man cannot be tried for many offences.
punch 31Dec 2015.

Babacele:

thank you professor as I upgrade you:





First;


Dasuki is facing two sets of
criminal charges involving alleged
diversion of about N45bn meant
for arms procurement, along with
others before two judges of the
FCT High Court, Abuja.
A Senior Advocate of Nigeria,
Chief Felix Fagbohungbe, said
Dasuki’s re-arrest would be
justified if the DSS were
investigating other alleged crimes
against him other than the one for
which he had been arraigned and
granted bail.
He said, “It is possible that they
want to charge him with a
different offence; perhaps they are
investigating another offence that
is different from the ones they
have charged him with. Of course,
the bail he was granted is
restricted to the offence and the
charge pending before the court.
If he is being arrested for a
different issue entirely, which is
not related to this pending charge,
I would say the DSS has not done
anything wrong. But, of course,
his lawyer could also go to court
to find out why he is being
detained.”
A Lagos-based lawyer, Mr. Dele
Adeogun, said Nigerians should
not jump into conclusion, noting
that the DSS had earlier been
accused of high-handedness
when it prevented Dasuki from
travelling abroad until the fresh
facts about Dasukigate came into
the open.
Adeogun, however, expressed
reservation over the piece-meal
manner in which the DSS was
conducting its investigations.
He called on the security agency
to conclude all its investigations
and charge Dasuki to court on all
offences once and for all.
Adeogun said, “There is no law
that says a man cannot be tried
for many offences.

punch 31Dec 2015.

What has this epistle got to do with your post which I quoted?

Did you see any mention of Dasuki in the topic of this thread or original post?

ok

Bubu obey court orders o we are not in an era of dictatorship

utenwuson:
the thing is most Nigerian judges re easily compromise n thereby given verdict in favour of the biggest box!

provided we av got a clean conscience in dealing. wt criminals court order can go to blazes

Oga Aristotle once said "d law is reason free 4rm passion". Sentiments shld b banished 2 D minimum when d law is concerned. So imagine a scenario where buhari's 'clean' conscience prompts him 2 go 4 a 3rd term even when d constitution States oda wise, D constitution & court orders wld have 2 go 2 blazes ryt? & since he has gotten away wt it once wt stops him 4rm trying again. As 4 me, I dnt want 2 b governed by d dictates of buhari's /any man's conscience because d human conscience is @ its core a liar & wld seek 2 justify any action however evil as long as it suits its interests. D constitution hw Eva flawed is a beta option. If we agree 2 buhari's contempt 4 rule of law & due process, we r unwittingly forging d chains dt might bind us shld he bcom a dictator.

This is the response to your write up:

Supreme Court in Dokubo-Asari v. F.R.N. (2007) All FWLR (Pt. 375) p. 558 where the Supreme Court held at page 585 thus:

“…Where national security is threatened or there is the real likelihood of it being threatened, human rights or the individual rights of those responsible take second place. Human rights or individual rights must be suspended until the national security can be protected or well taken care of. This is not anything new. The corporate existence of Nigeria as a united, harmonious, indivisible and indissoluble sovereign nation is certainly greater than any citizen’s liberty or right.”


OP should contact Supreme Court for further clarifications.