princemillla:
Nija constitution so fvckd up. What was he charged for molesting minor. Else am not gettin the whole gist well.

And I presume you think that’s not a big deal...smh
Hopefully, your own minor child would not get molested by an adult old enough to be her dad.
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9jaRealist:





Even for a bailable offense, bail is NOT as of right...

Nonetheless, what the Constitution actually provides is that a suspect be informed of his alleged offense within 24 hours in a writing and language he understands (Section 35(2) of the Constitution), and that such a suspect must be brought before a court “within a reasonable time” (Section 35(4)). The Constitution thereafter defines “a reasonable time” as 24 hours, 48 hours or (BEYOND the otherwise mandated 24 and 48 hours) ”such longer period as in the circumstances may be considered by the court to be reasonable” (Section 35(5)(b)). Given that the ongoing JUSUN strike has rendered the courts currently non-functional and therefore Baba Ijesha cannot be presently arraigned before a court of law, it would be deemed “reasonable”, and therefore CONSTITUTIONAL under the provision of Section 34(5)(b), to continue to detain him until the regular re-opening of the courts.

In the interim, any consideration on whether he would be granted an administrative (police) bail would depend on the peculiar circumstances of the case, including whether he poses a flight risk or would likely jeopardize the investigations or case (such as by harassing or intimidating witnesses, etc,). Personally, I think he is presently exactly where he belongs - until a court of law decides otherwise.
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Read your post again u shot urself in the leg

9jaRealist:


Comprehension issues?!

The Constitution is the grund norm of the law, and all other law and authority flow from it...
The Police is acting IN ACCORDANCE WITH (not contrary to) Section 34(5)(b) of the Constitution!
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No! The police isn't acting in accordance with the Constitution.

Oracleforce:
There will be a surety Standing for him.... the police or court will determine the kind of surety the suspect must present before he can be released on bail.
But I thought Iyabo Ojo was saying he will come and disgrace Fabiyi if he comes to Panti police State. Yoruba woman with empty threat.. .the threat that will land her in jail.....
Maybe somebody has advised her better because all her comment on Instagram are devoid of logical sense....and anybody that doesn't join her unruly behavior online is tag as a rapist...I didn't blame her that she suppose to know that all suspects are term innocent until they are declared guilt by the competent court of jurisdiction...
It is now I know the crops of Yoruba actors and actresses ....85 percents of them are a bunch of illiterate and ignorant and ignoble, and ignoramus and disaster in the society...
That's the reason why I can not watch any of these Yoruba movies because most of them are trashy substances...

All these artists are a disgrace to the Yoruba race.

Like the sureties who stood for Nnamdi Kanu?!
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9jaRealist:


And I presume you think that’s not a big deal...smh
Hopefully, your own minor child would not get molested by an adult old enough to be her dad.
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Don’t twist my word, I will never condone anyone molesting minor. It disgust me. What we r saying is his right is being trampled on and this Is a clear sign there is power that be in play here

Wallade:
No! The police isn't acting in accordance with the Constitution.

Of course, they are...

I have provided the SPECIFIC constitutional provision...
Feel free to provide yours that shows they are not doing so.

Will be waiting.
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princemillla:
Don’t twist my word, I will never condone anyone molesting minor. It disgust me. What we r saying is his right is being trampled on and this Is a clear sign there is power that be in play here

NOPE! His right is most certainly NOT being trampled upon...
Section 34(5)(b) of the Constitution allows police to hold a suspect beyond 48 hours without arraignment.
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9jaRealist:


Even for a bailable offense, bail is NOT as of right...

Any consideration on whether he would be granted an administrative (police) bail would depend on the peculiar circumstances of the case, including whether he poses a flight risk or would likely jeopardize the investigations or case (such as by harassing or intimidating witnesses, etc,). Personally, I think he is presently exactly where he belongs - until a court of law decides otherwise.
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Oga, Bail is a right except when the release of the accused may negatively influence the process of Justice and the police can't determine that speculation. It is only a court of law that can acertain that speculation. Hence, the police have to get the warrant to detain him legally for longer period, beyond 48hrs.

What the police is doing currently is illegal.

princemillla:
Read your post again u shot urself in the leg

I’ll be “lazy” and defer to you to show me the supposedly self-inflicted “shot”...
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Wallade:
Oga, Bail is a right except when the release of the accused may negatively influence the process of Justice and the police can't determine that speculation. It is only a court of law that can acertain that speculation. Hence, the police have to get the warrant to detain him legally for longer period, beyond 48hrs.

What the police is doin currently is illegal.

Bail is DISCRETIONARY, even for bailable offenses...
Thus, only real right is CONSIDERATION to bail for a bailable offense.

And for the umpteenth time...
Section 34(5)(b) of the Constitution provides for detention WITHOUT CHARGE beyond 48 hours.

Still waiting for you to show us what sections of the Constitution makes the detention “illegal”.
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9jaRealist:


Bail is most certainly NOT a right...
The only right is CONSIDERATION to bail for a bailable offense.

And for the umpteenth time...
Section 34(5)(b) of the Constitution provides for detention WITHOUT CHARGE beyond 48 hours.

Still waiting for you to show us what sections of the Constitution makes the detention “illegal”.
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The highlighted is illegal when a competent court of law did not pronounce or approve it.

ExpertEDITOR:
When is the advise from ministry of justice now superseding fundamental human rights as contained in the Nigerian constitution?

Nigerians only follow laws whenever we are at the receiving ends. And it is more funny that some people are supporting this madness all because they are feminists. Dumb mofos

Read up on exclusive right and order. That you have the right to life doesn't mean you cannot be hanged if you kill someone else

kennyamusan:
Read up on exclusive right and order. That you have the right to life doesn't mean you cannot be hanged if you kill someone else

You have to be tried before you hang. Who is trying Baba ijesha? Or has he be tried?

There is no way you guys can explain this absurdities.

9jaRealist:


Comprehension issues?!

The Constitution is the grund norm of the law, and all other law and authority flow from it...
The Police is acting IN ACCORDANCE WITH (not contrary to) Section 34(5)(b) of the Constitution!
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You are the one having comprehension issues. Where is the court that permitted police to hold him more than 48hrs?

You mean police can interpret the law as they please? If yes, why did they have to sort the advise of ministry of justice in the first place? And ministry of justice itself can't superimpose on the Federal Constitution.

Arguing with you is kinda pointless cos u re myopic about the subject matter.

9jaRealist:





Even for a bailable offense, bail is NOT as of right...

Nonetheless, what the Constitution actually provides is that a suspect be informed of his alleged offense within 24 hours in a writing and language he understands (Section 35(2) of the Constitution), and that such a suspect must be brought before a court “within a reasonable time” (Section 35(4)). The Constitution thereafter defines “a reasonable time” as 24 hours, 48 hours or (BEYOND the otherwise mandated 24 and 48 hours) ”such longer period as in the circumstances may be considered by the court to be reasonable” (Section 35(5)(b)). Given that the ongoing JUSUN strike has rendered the courts currently non-functional and therefore Baba Ijesha cannot be presently arraigned before a court of law, it would be deemed “reasonable”, and therefore CONSTITUTIONAL under the provision of Section 34(5)(b), to continue to detain him until the regular re-opening of the courts.

In the interim, any consideration on whether he would be granted an administrative (police) bail would depend on the peculiar circumstances of the case, including whether he poses a flight risk or would likely jeopardize the investigations or case (such as by harassing or intimidating witnesses, etc,). Personally, I think he is presently exactly where he belongs - until a court of law decides otherwise.
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Charge and bail lawyer, na so una dey confuse client . From that section you quoted it can be obviously inferred that only the Judiciary has the power to set a "reasonable time" longer than 48 hours. Since 48 hours have elapsed and no court has sat to set that reasonable time, it's therefore beyond the powers of the Police to keep him in detention. Their limit stops at 48 hours.

ExpertEDITOR:
You are the one having comprehension issues. Where is the court that permitted police to hold him more than 48hrs?

You mean police can interpret the law as they please? If yes, why did they have to sort the advise of ministry of justice in the first place? And ministry of justice itself can't superimpose on the Federal Constitution.

Arguing with you is kinda pointless cos u re myopic about the subject matter.

emmyN:
Charge and bail lawyer, na so una dey confuse client . From that section you quoted it can be obviously inferred that only the Judiciary has the power to set a "reasonable time" longer than 48 hours. Since 48 hours have elapsed and no court has sat to set that reasonable time, it's therefore beyond the powers of the Police to keep him in detention. Their limit stops at 48 hours.

Wallade:
The highlighted is illegal when a competent court of law did not pronounce or approve it.

That determination is made RETROSPECTIVELY...
If there’s a court available to “pronounce” it, it would not be required in cases like these.

We have to confine this discourse to the PARTICULAR case at hand...
There are DIFFERENT cases where courts are available, but the police would ask for more time to charge.

Let’s stick to the peculiar facts of THIS case!
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Revere27:
This man just disgrace himself publicly

From the indication of things on ground now he is likely to spend more time with the police in their cell

I wish to have a friend like him who will stand by me through thick and thin with nothing to gain, not gastards that only want this and that and are swerved by social media.

Fact-based evidences are presented and argued in court. The police have ruined this case. Iyabo ojo and Princess have also tainted the case due to their addiction and obsession with social media.

A good case can be won and lost in court, most tmes through the conduct of the victims, which Princess, and especially Iyabo Ojo are lacking.

It's so easy for a brilliant lawyer to piece one or two things together to crumble the entire case. The case might not go past "no case submission" which will be filed by Baba Ijesha's lawyer.

9jaRealist:


Bail is DISCRETIONARY, even for bailable offenses...
Thus, only real right is CONSIDERATION to bail for a bailable offense.

And for the umpteenth time...
Section 34(5)(b) of the Constitution provides for detention WITHOUT CHARGE beyond 48 hours.

Still waiting for you to show us what sections of the Constitution makes the detention “illegal”.
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Who determines the discretion, if so? Just answer that question so we can make progress on this discuss

9jaRealist:




That determination is made RETROSPECTIVELY...
If there’s a court available to “pronounce” it, it would not be required in cases like these.

We have to confine this discourse to the PARTICULAR case at hand...
There are DIFFERENT cases where courts are available, but the police would ask for more time to charge.

Let’s stick to the peculiar facts of THIS case!
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I hope you are not a lawyer cos u will be a failed one.

Last post

It is like book haram and gun men / bandits are now normal in the sight of some Nigerians. I remember when this was came up, millions of Nigerians voiced out, but why is no one voicing out or coming out in masses to speak concerning the main problem in the country?

ExpertEDITOR:
You are the one having comprehension issues. Where is the court that permitted police to hold him more than 48hrs?

You mean police can interpret the law as they please? If yes, why did they have to sort the advise of ministry of justice in the first place? And ministry of justice itself can't superimpose on the Federal Constitution.

Arguing with you is kinda pointless cos u re myopic about the subject matter.

Still struggling with basic comprehension?

BOTH the Ministry and the Police are acting in ACCORDANCE with the Constitution...
Only in Nairaland’s School of Jurisprudence is that considered “superimposing” on the Constitution.

PS: Btw (though this is a different discussion that I do not necessarily want to venture into), even though only the courts can rule on the law and the Constitution, scores of other executory bodies (the police, prosecutors, arbitrators, mediators, etc.) actually have the relatively mundane task of “interpreting” the law on a DAILY basis. Whenever even LAWMA) stops you, they’re effectively “interpreting” the law.
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ExpertEDITOR:

I hope you are not a lawyer cos u will be a failed one.

Last post

Dude, your JUVENILE insults merely betray the lack of a substantive argument and a crude family upbringing.
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9jaRealist:




That determination is made RETROSPECTIVELY...
If there’s a court available to “pronounce” it, it would not be required in cases like these.

We have to confine this discourse to the PARTICULAR case at hand...
There are DIFFERENT cases where courts are available, but the police would ask for more time to charge.

Let’s stick to the peculiar facts of THIS case!
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There is nothing peculiar about the case. You are making non-existent excuses. The CP already said the offence is bailable, and he is right according to the constitution.

Wallade:
Who determines the discretion, if so? Just answer that question so we can make progress on this discuss

In a case before the courts, the courts...
But this case is NOT yet before the courts.

Let’s stick to the peculiar facts of each PARTICULAR case!
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emmyN:
There is nothing peculiar about the case. You are making non-existent excuses. The CP already said the offence is bailable, and he is right according to the constitution.

Huh?! Was there any argument about that?
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emmyN:
There is nothing peculiar about the case. You are making non-existent excuses. The CP already said the offence is bailable, and he is right according to the constitution.

And btw, the facts of EVERY case is deemed ‘peculiar’ to that case...
In law, it means that the trier of facts is limited to the actual facts of the particular case, not others.
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Lesson for all men: thread cautiously, have a re-rethink and also, weigh outcomes of your intentions.

Have released a video on this issue, check my signature.

Happy Eid-el-Fitr to all moslem faithfuls.

LightUpWithKemi:
Lesson for all men: thread cautiously, have a re-rethink and also, weigh outcomes of your intentions.

Have released a video on this issue, check my signature.

Happy Eid-el-Fitr to all moslem faithfuls.

Lesson to all men and women...
DON’T BE A PREDATORY PAEDOPHILE!

Eid Mubarak!
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9jaRealist:


In a case before the courts, the courts...
But this case is NOT yet before the courts.

Let’s stick to the peculiar facts of each PARTICULAR case!
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So if the case is not before the court. Do the police have the right to deny an accused bail beyond 48hrs with approval from the court?

9jaRealist:


Lesson to all men and women...
DON’T BE A PREDATORY PAEDOPHILE!

Eid Mubarak!
>

You better be calming down. I have my reasons for writing lessons to all men.
Kindly, do more research.

Slimz132609:
Hmmmm.... This man should be released or how long will he stay in custody before being arraigned in court..... Naija is a real wrong country

Mathew26:
This is the useless system we operate works. Keeping that man in custody against his Constitutional right to bail is unlawful.

I wonder where Lagos police got that professional advise to keep ijesha more than requested by the Constitution or are they trying to say that Lagos State law now supercedes the Constitution?

This is what they keep doing and when it gets to court and the judge throws out the case they will start looking for who to blame. Something that is purely white this people will make everyone believe it is black haba.

MEGA4BILLION:
From which judiciary?
Police would have granted bail and then charge him to court whenever they resume. There is no law that push blame to the judiciary if an individual is kept in detention for more than 24hrs without being charge to court because the judiciary was on strike.

adebwalex:
SORRY TO SAY THIS IS STORY FOR THE gOD'S. WAS THE CASE BAILABLE OFFENCE? IF YES THEN YOU ARE TRESPASSING ON HIS HUMAN FUNDAMENTAL RIGHT. WE ARE ALL SEEING WHAT IS HAPPENING IN ADVANCE COUNTRY WERE BY CASES WORST THAN THIS ARE BEEN BAILED. SINCE WE ARE IN BANANA REPUBLIC IS NOT A NEW THING TO ME.. IF ANYTHING HAPPEN TO BABA JESA IN YOUR CUSTODY WHAT WILL BE YOUR RESPOND TO THE PUBLIC...

favour32:
So wetin you mean say nor be bailable offence?

Falomo211:
Na lie Jo when them wan do rubbish na so dem go dey talk shit grammar this same commissioner of police said the offense is bailable Mr CP should sorosoke like sanwoolu and simply tell us forces beyond him told him not to release the man.

nonxo007:
The judiciary isn't the one who detained him, he is being detained by the police and its unlawful. I feel the Nigerian police goofed on this one, in all it's as a result of a failed system.

Zenithpeak:
Don't mind them all... The long unlawful detention will be an albatross to the police because, the statement of the constitution on human rights is clear...

Is it his fault that the JUSUN is on strike?

How would that be a condition to releasing him on bail?

Does that mean everyone that has been arrested ever since the commencement of the strike action are in police detention till date?

Nigeria Police is known for dirty job and may never change for better.

adebwalex:
THAT IS WHY YOU WILL ALWAYS REMAIN LIKE THIS IF YOU CANT STAND UP TO SPEEK AGAINT THIS. IF YOU WERE DETAIN FOR AN OFFENCE YOU DONT KNOW AND YOU ARE KEPT IN CUSTODY FOR THAT LONG HOW WILL YOU FELL. LET US STAND UP AGAINST STANDING ON FUNDAMENTAL HUMAN RIGHT..

Section 34(5)(b) of the Constitution allows the Police to DETAIN a suspect who has not been charged or arraigned before a court of law BEYOND the otherwise mandated 24 or 48 hours WITHOUT CHARGE in circumstances that would be deemed “reasonable” given the circumstances of the case. The NON-FUNCTIONING of courts due to the JUSUN strike would IMHO be one such circumstance.
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