agabusta:


Oga this is not a criminal case.

You are trying to be smart, but it turned out to be an epic flop.

Instead of you to quote the law you are citing fully, you only wrote "Act of 2015, section 306 provides "

Which Act are you talking about??

Now let me help you.

The Act you are talking about is the ACJA 2015, the Administration of Criminal Justice Act 2015.

But sorry, the case in question is not a criminal case and so does not apply.

agabusta:


[s]Oga this is not a criminal case.

You are trying to be smart, but it turned out to be an epic flop.

Instead of you to quote the law you are citing fully, you only wrote "Act of 2015, section 306 provides "

Which Act are you talking about??

Now let me help you.

The Act you are talking about is the ACJA 2015, the Administration of Criminal Justice Act 2015.

But sorry, the case in question is not a criminal case and so does not apply.[/s]

Geniro:


Watery counter. You said nothing !!

agabusta:


You obviously lack comprehension skills, that is why don't know and/or didn't see the obvious mistake in using a law for criminal matters to argue a civil case.

southniyikaye:
mimiko just got served! Got paid in his own coin. Bastard son of a thousand father. What has our parents done to deserve the ill treatment he is melting on them by not paying them?

Geniro:


[s]If you were smart you will know judicial protocols is constant. Now quote relevant aspects of the law that supports your stance. You either do that or you shut up[/s].

agabusta:


Judicial procedure is constant?

There is no point engaging such an ignorant fellow like you.

These things are obviously above your intellectual capacity.

BERNIMOORE:


JEGEDE'S APPEAL WILL BE HEARD TOMORROW 9.pm

Due to these facts below which renders Notice ineffective because of the time restrains which does not favour the jimoh ibrahim/poroye camp.

Act of 2015, section 306 provides

“An application for stay of proceedings in respect of a criminal matter before the court shall not be entertained. In essence, proceeding at a lower court will continue not withstanding a pending appeal before a superior court,”

Read more at: http://www.vanguardngr.com/2015/11/saraki-vs-cct-does-appeal-operate-as-stay-of-proceeding-lawyers-speak/

''A Notice of Appeal does not automatically stay the proceedings of a court whose decision is being challenged at a superior court.

In order for a lower court to stay proceedings before it on the grounds that a party is challenging its decision at a superior court,

cktheluckyman:

The facts remains that a notice of appeal is not the same thing as an order to suspend sitting!! For now there is no order stopping the appeal court from sitting.

cktheluckyman:

The facts remains that a notice of appeal is not the same thing as an order to suspend sitting!! For now there is no order stopping the appeal court from sitting.

kahal29:


“An application for stay of proceedings in respect of a CRIMINAL matter before the court shall not be entertained. In essence, proceeding at a lower court will continue not withstanding a pending appeal before a superior court,”

Bros eeh..... This is not a criminal matter nah but CIVIL matter in which case the ACJA does not apply.

Babacele:
The damage is done already. Like wild fire the news has spread that the court has barred Jegede from this election which would enhance loyalty shift from the Mimiko camp for it is few days to the real deal and political folks need to 'consolidate'-whatever it means. Ask Mrs Clinton . Because of the hatred for Mimiko presently, people won't even believe if eventually the Appeal Courts frees Jegede to participate. This hatred maybe transfered to anybody Mimiko eventually supports in this election if Jegede can't make it. Either way Mimiko sinks which is more important to Ondo people. It is becoming more interesting.

Pontaboki:
Lies,has the Supreme Court granted the motion for stay of Execution?.The matter will continue to be heard until the supreme court hears and grants the wish for stay of further proceedings

cktheluckyman:

My dear no need flogging a dead horse.The appeal court will resume sitting by 9am this morning. When it resumes we will know.If Sheriff and Jimoh likes they can boycott the sitting

Mujtahida:

Do you know what it means when records of appeal is transferred from a lower court to a higher court?

Mujtahida:

Do you know what it means when records of appeal is transferred from a lower court to a higher court?

cktheluckyman:


It means no ruling has been entered and the lower court can proceed

kahal29:


You once argued on this forum that Once a notice of appeal is filed, all actions will be suspended. That is the position of the law. Thank God for information technology.... Has that law changed? Pls I want you to respond cos they are your own words in a similar pre election matter of Uche Ogah vs Ikpeazu

cktheluckyman:


It means no ruling has been entered and the lower court can proceed

seunmsg:


The Internet never forgets!

It's so funny how people quickly change their position when the table is reversed. The law is the law and it has not changed. The appeal court will have to halt all proceedings on the matter till the supreme court rules on it.

cktheluckyman:


It means no ruling has been entered and the lower court can proceed

cktheluckyman:


It means no ruling has been entered and the lower court can proceed

kahal29:


You once argued on this forum that Once a notice of appeal is filed, all actions will be suspended. That is the position of the law. Thank God for information technology.... Has that law changed? Pls I want you to respond cos they are your own words in a similar pre election matter of Uche Ogah vs Ikpeazu

Mujtahida:

Without being condescending I ask are you a lawyer? You don't know that once records of appeal are transmitted from the lower court to the higher court the higher court becomes seised of all proceedings in respect of the matter. It's not a question of whether the motion for stay has been heard or not by the Supreme Court. Court of Appeal cannot go on to determine the appeal since records have been transmitted to the Supreme Court. This is contained in the rules of court.

cktheluckyman:

And your very self argued otherwise but in the end it is the position of the court that matters!!! Justice Okon Abang disregarded the notice of appeal and refused to vacate his order. The same way the appeal court will ignore this notice and go ahead to commence trial in the substantive suit

agabusta:


[s]Judicial procedure is constant?

There is no point engaging such an ignorant fellow like you.

These things are obviously above your intellectual capacity[/s].

kahal29:


And justice Abang was banged by the appeal court justices for ignoring the Notice of the appeal

http://www.vanguardngr.com/2016/08/breaking-news-abia-gov-logjam-court-berates-justice-abang/

The Court of Appeal in Abuja, on Thursday, berated Justice Okon Abang of the Federal High Court in Abuja over his refusal to hands-off the suit that led to the removal of Governor Okezie Ikpeazu of Abia State.

The appellate court held that Justice Abang “placed the law on its head”, when he declined to suspend further proceeding on the matter, having been notified that an appeal had already been lodged against an interlocutory ruling he delivered on July 8.

A five-man panel of Justices of the appellate court, led by Justice Morenike Ogunwumiju, equally faulted Justice Abang for “over reaching his powers”, by wrongly interpreting the Appeal Court Rules.

Ikpeazu had in his first appeal marked CS/S/390B/2016, urged the appellate court to determine whether Justice Abang was right to have proceeded with hearing and determining the suit against him, even when he was notified that the appellate court was already seized of facts of the case.

He argued that Justice Abang was wrong to have gone ahead to interpret Order 4 Rules 10 & 11 of the Court of Appeal Act, after the record of appeal had been duly transmitted to the higher court.

He maintained that the lower court ought to have suspended proceedings before it to abide by decision of the appellate court.

Meantime, in a unanimous decision, the appellate court panel faulted Justice Abang for not according due respect to judicial hierarchy, saying he refused to tow the line of laid down precedents.

According to Justice Philomena Ekpe who delivered the lead verdict: “It appears the lower court made somersault of the law. Once an appeal has been entered, there is indeed nothing to be heard or determined once the record of appeal has been transmitted.

“The lower court had no jurisdiction or business to interpret the rules of a high court when the rules are clear and unambiguous. I am in agreement with argument of learned counsel to the appellant that the trial lower court judge acted ultra-vires his powers”.

The appellate court held that Justice Abang placed the law on its head when he refused to hands-off the matter having been notified of the pendency of the appeal.

“Consequently, this appeal is meritorious, the decision of the lower court delivered on July 8 is hereby set aside, cost of N100, 000 is awarded in favour of the appellant”, the court held.

So also the justices will be banged at the end of the day if they choose to do otherwise

cktheluckyman:

I don't know why you are bothering yourself, whatever we argue here will not have any bearing on the case.

cktheluckyman:

The same way the fake news spread, the same way the news will spread when the appeal court gives it ruling this weekend

agabusta:


Judicial procedure is constant?

There is no point engaging such an ignorant fellow like you.

These things are obviously above your intellectual capacity.