Buhari Was Right To Disobey Court Orders On Sowore And Dasuki - AGF Malami...https://www.247nnu.ng/2020/01/buhari-was-right-to-disobey-court.html

247NNU gathered that the AGF said the orders of the court were subject to applications for variation and appeals at the Court of Appeal, explaining that the enforcement of the orders could be delayed in such circumstances.

EFCC gets court order to detain Shehu Sani for 14 days as complainant confronts ex-senator He said this applied in the cases of Dasuki and Sowore, adding that there we



The AGF further stressed the need for Nigerians to understand the judicial process and that not all court orders are to be obeyed immediately. He said: “Perhaps, I need to clear the air on how the rule of law operates within the context of the Nigerian constitution.

We have multiple and a plethora of judicial decisions that establishes a fact that when you are challenging a court order through a judicial process, the idea of disobedience to that court order does not arise,” he said.

“The misapprehension that set into the system and deliberately put in the public space is the fact that once there is a court order, you must unconditionally comply.

You can only be adjudged being in disobedience of a court order when you don’t take advantage of the constitutional powers, rights accorded to you by appealing against the order and perhaps, seeking for stay of execution of the order or perhaps, you don’t take any steps seeking variation of the court order.”

"So, until those matters reach the Supreme Court and it takes the final decision, relating there, you are still operating within the ambit and context of rule of law,” he said.

Is he right? Legal minds

Only educated people knows what court orders are not an illiterate like bubu...

This fools don't know the adverse effects of their words and actions. A president can flaunt an order under the guise of waiting for an appeal and you expect citizens to take the court seriously. You guys behave as if you don't know the law, what is your problem

Sometimes one may not really blame the Retired Major General as he may be limited in his knowledge of law.

But when the very people who are paid and expected to guide him in matters like this are the ones who lead him astray, the sorry is the case.

Was Sowore's bail appealed? What about Dasuki's bail? Which court ordered the stay of execution on their bails?

Not a fan of Buhari nor of DSS nor of AGF.....However, when a stay of execution has been entered in an appellate court, even when no JCA or JSC has heard the matter, it effectively constitute as a valid and legal delay to the execution of the order of a lower court. This is in accordance with the Rules of Court at their various levels.
Therefore, AGF is legally justified to hold that point of view. The question should be: did he file a proper stay of execution within the stipulated time allowed for him to file?

Dusby:
Not a fan of Buhari nor of DSS nor of AGF.....However, when a stay of execution has been entered in an appellate court, even when no JCA or JSC has heard the matter, it effectively constitute as a valid and legal delay to the execution of the order of a lower court. This is in accordance with the Rules of Court at their various levels.
Therefore, AGF is legally justified to hold that point of view. The question should be: did he file a proper stay of execution within the stipulated time allowed for him to file?

All it took was putting Nigeria on "special watch list" and they have suddenly started seeking sympathy, what da heck is cyberstalking Buhari ?

Bail can only be refused by a court if offence, endanger the safety or welfare of any person or obstruct the course of justice or interfere with a witness, Sowore doesn't meet any of those conditions.

People like these mallam would come out in a few years and deny ever saying this, abi no be naija again?

you want make Oga sack am?

Bail can only be refused by a court if offence, endanger the safety or welfare of any person or obstruct the course of justice or interfere with a witness, Sowore doesn't meet any of those conditions.

True, in matters of treason or treasonable felony however, procedural law can take precedence over substantive law.

People like these mallam would come out in a few years and deny ever saying this, abi no be naija again?[/quote] hope u ain't calling me mallam tho?[color=#000099][/color]

Whoever gave this headline is a criminal. What Malami was saying is the same thing as what's being practiced. He hasn't said anything new. Or can anyone in this country say he is not aware that even in election dispute once a court give it's ruling, the ruling is not usually implemented unless all the parties exhaust all levels of appeal? So why are some people in this thread insulting malami and buhari? It's really unfortunate that those who claim to be educated are those who behave like they never saw a school building in their lives.

Right?Adherence to the rule of law is the pride and responsibility of any sane government. Thank God ,the needful had been done.But i don't think disrespecting court order is good for any democratically elected government