plaetton: Kindly quote the law. I want understand the letter and spirit of such law.
And then isn't it funny, suspicious and even immoral that the EFCC moves a suspect , who has not been charged , from one state to another just for the purpose of taking advantage of an innocuous State law favoring unconstitutional detention?
If that is not the definition of dishonesty and corruption of system of justice, then I don't know what is?
I already gave you the section of the law would I catch fish for you??
plaetton: I am not a lawyer, but please can lawyers in the house please enlighten me.
First, how and why are we talking about bail when No single charge has been proffered against FFK? Bail for what?
Secondly, what century are we in and country are we in where COURTS, the final arbiters and guarantors of Constitutional freedoms, grants an agency, the EFCC, the authority to hold a non- violent civilian, not a terrorist, not an enemy combatant in a war, in detention without charge for 14 days, and then extends it for another period?
Nigerians, please wake up from your stupor. This is full scale FASCISM.
. 264(1) of the ACJL resolves your question. For more information get a lawyer to explain it.
The Economic and Financial Crimes Commission EFCC has applied for a 30 day remand warrant pursuant to section 264 of the administration of criminal justice law of lagos 2011 to hold a former Minister of aviation and director of the Goodluck Jonathan campaign organization Chief Femi Fani Kayode before an ikeja magisterial Court. image The EFCC had earlier held Fani Kayode in Abuja for 14 days pursuant to a warrant granted by an Abuja magistrate court. Counsel to The former aviation minister opposed the EFCC’s exparte application stating that it was a breach of his clients fundamental human rights and an abuse of court process as a fundamental human rights enforcement suit was currently before an FCT high court and it would be an abuse of court process if the application is granted by the magistrate court. image Wale Balogun the counsel to Fani Kayode has also applied orally for bail to be granted to his client as the EFCC is abusing court processes. The magistrate Mrs B. O Osunsanmi stood down the case for an hour before delivering her ruling. She held that the Defence counsel failed to attach evidence of a pending fundamental human rights suits before her court. The honourable magistrate thereafter granted the EFCC an order to hold the respondent for three weeks. After the ruling Fani Kayode consulted with his lawyers before being whisked away by the EFCC.
Here is what happened EFCC gets Fresh Remand Order To Hold Fani Kayode For Three Weeks by lawyard staff | May 23, 2016 | Information, Latest | 0 comments The Economic and Financial Crimes Commission EFCC has applied for a 30 day remand warrant pursuant to section 264 of the administration of criminal justice law of lagos 2011 to hold a former Minister of aviation and director of the Goodluck Jonathan campaign organization Chief Femi Fani Kayode before an ikeja magisterial Court. image The EFCC had earlier held Fani Kayode in Abuja for 14 days pursuant to a warrant granted by an Abuja magistrate court. Counsel to The former aviation minister opposed the EFCC’s exparte application stating that it was a breach of his clients fundamental human rights and an abuse of court process as a fundamental human rights enforcement suit was currently before an FCT high court and it would be an abuse of court process if the application is granted by the magistrate court. image Wale Balogun the counsel to Fani Kayode has also applied orally for bail to be granted to his client as the EFCC is abusing court processes. The magistrate Mrs B. O Osunsanmi stood down the case for an hour before delivering her ruling. She held that the Defence counsel failed to attach evidence of a pending fundamental human rights suits before her court. The honourable magistrate thereafter granted the EFCC an order to hold the respondent for three weeks. After the ruling Fani Kayode consulted with his lawyers before being whisked away by the EFCC. http://www.lawyard.ng/efcc-gets-fresh-remand-warrant-to-hold-fani-kayode-fo/
indoorlove: I can see that this lady is being misjudged by many here on Nairaland. Some people even claim how they learn one or two things on there own and how the lady in question is lazy and did not think out of the box. You may say all you want but if you need to understand the reality of our society that some people do not have the kind of orientation, opportunity, mentorship or financial strength you have, then you will appreciate the lady's situation. you have to subscribe to be able to download or watch some tutorial on YouTube, others can not boast of two square meal. Don't be in a haste to label people as lazy and incompetent without having a clear understanding of their situation.
How much does it cost to download this tutorials? So many have this tutorials on their laptops and can give it out for free....besides if she can earn a degree getting an Internet connection should not be difficult, it's all about setting ones priorities.
ediko5: What kinda job? Is it 20k monthly job? My dear things are hard.
I have personally applied for ASP cadet but up till now I can't still imagine myself apply for police work even though I was pressurize by my dad to apply
Oga do you know Cadet ASP collects around 100k plus
3. What about the constitutional ammendment that it would require
4. In a place where there is multi ethnicity, how would the inevitable land grabbing/communal clashes be solved (offshore)
I personally would love this, Gold and other minerals abound in SW......
*nostalgia about what Cocoa proceeds got SW before the black gold curse turned everybody into a nation of laggards*
1 The PIB created a board comprising of members of the community, the government and the IOCs or oil Companies for that purpose
2 the 10% community fund is separate from the 13% derivation monies accuring to ND states. The 10% fund is basically for the host communities to spend and develop their environments.
3 The PIB does not need any constitutional requirements, it actually repeals 18 Laws and unbundles the NNPC into standalone units for profitable purposes
4 I can't answer this but I believe land grabbing is a small issue all mineral resources belong to the FG and whoever has better claim to the Land (Freehold) will be deemed "owners" of the land The office of the minister of petroleum was made so powerful, the version of the PIB I had even made that office more powerful than the president of Nigeria. It had very heavy punishments also for International oil companies and offshore companies as Gas flaring and oil spillage were granted heavy infractions once committed.
mezynaija: Nigeria is blessed, we have many talented youths, just that many feel so lazy to work. Most people who understands the Nigerian Economy knows vividly well that you don't wait for the Federal Government to provide you with work on or after after graduation. There is every need to be self employed.
The above car is made in Nigeria by a young OAU undergraduate. He has assembled a car that runs on solar and wind energy.
DragonReborn: You seem genuinely worried, so I'll play nice. Most 'successful' ladies confuse confidence/self-assurance with pride. You may be unconsciously exuding a pompous vibe that men find off putting. I once asked a lady why she didn't pick my calls and she said she wasn't in the mood to talk, I asked why she didn't just say so and she said she couldn't be bothered. I stopped calling and she called one day to demand what the problem was, as she hadn't done anything wrong. Watch how you carry yourself and the way you talk to people. Also assess the kind of guys you are attracted to. Most hard-working guys don't have time to do fancy haircuts, wear tight blazers with those funny looking pencil trousers and suede loafers you girls love so much. If you like those kind of boys, probability is he's either a yahoo boy, a YBNL wey no sabi sing or a student. If you want to meet responsible men, then go were responsible men are, its that simple.
Fallacious reasoning, when did looking good in fitted Clothing Become a crime?
The airline announced that the Akanu Ibiam International Airport, in Enugu will be its hub airport adding that all direct flight and maintenance will take place in Enugu.
Mr. Onyema told the summit that cargo flight operations from the airport in Enugu will commence immediately while flights to China will start very shortly.
International flight operations began at the airport in August 2013, under Stella Odua as the minister of aviation, with the Ethiopian airline operating the only flight from the airport.
The commencement of direct international flights from the airport by Peace Air, to the US, India, South Africa and China, is considered as a massive boost to the socio-economic status of the South Eastern part of Nigeria
DonUwaski: I found the contact of a young entrepreneur online that helps his mum sell packaged dried catfish. He is based in Ibadan and the packaging as well as the fish looks great.
He said it is smoke & sand free and can be shelved for up to 2 months without spoiling. It is also very affordable and seems like a very good business prospect if one can be supplying eatries, supermarkets and retail shops on a regular.
I have negotiated to be a distributor in my environment but I just wanted to find out if anyone here knows how profitable this can be and if there is good demand for this dried catfish.
Please all your comments will be appreciated. Thank you.
I agree with what the writer as written despite being a public school graduate myself it is simply outrageous to rate a school were the lecturer's word is law without any external or internal mechanism controlling their behavior when they turn sadistic or form narcissistic approaches to life over another where the actions of lecturers are closely monitored. Public Universities and it's hypothetical standards need to be thoroughly investigated from the recycling of educational materials and the lack of professional research and development capacities in such Universities.
LegalAnalyst: I have the following questions to ask: Does filling Notice of Appeal alone automatically stays the lower court proceeding? Does filing application seeking a favour in court automatically gets you the favour before the application is heard in court?
You can revisit my comment after your answer
*NaijaLegalAnalyst*
I doubt you understood my comment To your first question it does not automatically, the lower court could suo motu adjourn pending the determination of its appeal. Sarah is challenging an interlocutory judgement , if he wins their won't be any trial to return to except the Supreme Court rules otherwise.
Deen77: What do you call an Appeal after Supreme court judgment.
Have you heard of an interlocutory appeal?? The supreme Court earlier gave judgment on a fresh application by Sarah challenging the jurisdiction of the CCT.
LegalAnalyst: K. We are watching. But I must be quick to point out that Notice of Appeal does not operate as stay of proceeding. So until Court of Appeal gives order to stay the CCT trial, Saraki's trial schedule to commence at the Code of Conduct Tribunal today can still hold notwithstanding Saraki's fresh application. Before any application filed in law court takes effect in law, It must first be heard and pronounced on by the court. This is the position of law.
*NaijaLegalAnalyst*
A lower court such as the CCT cannot sit whilst a senior court such as the appeal court is sitting on an interlocutory appeal. Irrespective of what the ACJA says, it will be termed judicial rascality and disrespectful to a higher court.
Charles545: well,my diction and writing skills has improved. I get encouragement... information... solutions... detailed and anlalytical contribution /criticism..being a social platform, I have met faceless (yet to meet) friends...the likes of; realberry, queenfav, nkemdi89, Jaymima, damilola1942, AmeLonRo, Alphaoscar, adaweezy, onlyievera, Horrlah, Richiy, and marinel.Thanks to God and Seun osewa for this platform. in my quest to make others enlightened, I have encouraged some peeps to join Nairaland.
Today is the 1st day of April, 2016, a day popularly referred to as “April Fools’ Day”.
The 1st day of April is notorious for the deliberate circulation, publication and communication of false information by some members of the public in the name of “April Fool’s Day”.
What most people may not know is that giving or publishing false information to someone which results in emotional or mental shock or distress is actionable in law. It constitutes a tort (civil wrong) called ‘intentional Infliction of mental shock’. Some jurisdiction refers to it as ‘intentional infliction of emotional distress’ (IIED).
A cause of action will arise if a person intentionally gives false information or raises a false alarm which causes another to suffer injuries arising from nervous shock or emotional distress.
This tort was first popularised and recognized in the famous English case of Wilkinson v Downton [1897] EWHC 1 (QB), [1897] 2 QB 57 in which the Common Law first recognised the tort of intentional infliction of mental shock.
The brief facts of the case as stated by Wikipedia: Thomas Wilkinson was the landlord of the Albion public house in Limehouse. A regular customer of the public house named Downton decided to play a practical joke on Wilkinson’s wife. When Mr. Wilkinson went to see the races in Harlow, he left his wife to manage the house. Mr. Downton approached Mrs. Wilkinson and told her, falsely, that her husband had been seriously injured in an accident. Mr. Downton told Mrs. Wilkinson that he had suffered two broken legs and that he was lying at The Elms in Leytonstone. He told her that she should go to him in a cab and bring two pillows to carry him home.” The effect of Mr. Downton’s false statement to Mrs. Wilkinson was a violent shock to her nervous system, causing her to vomit and for her hair to turn white and other more serious and permanent physical consequences which at one time threatened her reason, and entailing weeks of suffering and incapacity to her as well as expense to her husband for medical treatment. These consequences were not in any way the result of a history of bad health or weakness of constitution; nor was there any evidence of predisposition to nervous shock or any other idiosyncrasy.
Mrs. Wilkinson sued on an action on the case. Mr Justice Wright held that Mrs. Wilkinson had a valid claim for the intentional infliction of mental shock, and awarded her £100. Mrs. Wilkinson was entitled to a small claim for 1s 10½d for the cost of railway fares of persons sent by the plaintiff to Leytonstone in obedience to the false statement.
If for instance someone intentionally calls a friend or relative today in the name “April Fool’s celebration” and informs the person that his child, wife or friend is involved in an accident or has died or is involved in any unfortunate crisis, and the false information is actually believed by the receiver and leads to a nervous shock, emotional distress or other psychological or physical injuries, the informant will be liable to pay damages for the tort of intentional infliction of emotional distress. Several other cases have been decided by the courts in many jurisdictions subsequent to the principles laid down in Wilkinson v Downton including the recent decision of the United Kingdom Supreme Court in Rhodes v OPO [2015] UKSC 32. Another possible cause of action that may arise from engaging in April Fool’s Day is defamation of character. I have seen people publishing all sorts of libellous articles and stories on the social media against others in the name of April fool. A person doing this may be liable for an action in defamation. If a person publishes false information (orally or in a permanent form) against another which is capable of lowering the estimation of the other person in the eyes of right thinking members of the society it will be actionable in tort.
If it is oral, that will constitute the tort of slander. Where the information is communicated in a permanent form, it will constitute libel.
However, for a claimant or plaintiff to succeed in an action for defamation, he must prove:
1. That there was publication;
2. That he was the person referred to;
3. That the statement(s) are defamatory and that he suffered damages. See the Supreme Court judgment in Isaac O. O. Ejabulor v. His Royal. Highness D. B. Osha (1990) 5 NWLR (Pt. 148). P. 1
In conclusion, those celebrating April Fool’s Day by publishing and posting false information should be mindful of the possible consequences of their actions.
This is the video Evidence of how PDP rigged the rerun election in Degema Constituency of Rivers in the presence of the Deputy Governor of Rivers State.
The woman that announced the result is not the returning officer, but the assistant to the Electoral Officer. Note the way Dr Farar Dagogo, the PDP candidate, ( the man in white chewing an apple), was telling her what to write. Chai! And this was how PDP purportedly won in the other constituencies that results were declared in Rivers.
Why is PDP rigging when they claim they are on ground in Rivers?
Mods, please move this front page. The world needs to know the truth.
Airforce1: So today I got to the office and feeling fly.. so I decided to take some few shots and share with you guys.. I feel like quitting to pursue my career tho.
Almost all the naija artistes did it and succeeded So I see why I won't succeed.
OlujobaSamuel: am sorry for just responding, I was banned by a robot for posting a link for reference on this thread. @ your last paragraph, it's allowed, Econet or a multinational used it. The CJN has the power to grant a waiver in that regards. Check for law practice in Nigeria online. @ our topic, I'm sorry, I can't post that link again, I don't know why I was banned by spam bot for it, probably because of the the mix up of so many things in uppercase and lowercase plus the use of jargon that is not english words. The Supreme Court held that a court can't retry a case it already ruled on if it's discovered that judgment was made per incuriam, however, it can set it aside and such precedent can't be use by that court, concurrent court or lower court. Any matter ruled on is final, and final in the sense that it can't be reopened by that court, concurrent court or lower court. I already sent a mail to the mods to see if any of them can help with the posting of the supreme court judgment, or if you can also help, I won't mind.
The CCT is simply not obliged to follow it's own judicial precedence, I didn't know of any such waiver granted If you are on Twitter message me @adavizealao, we should talk more
Politics › Re: Photos: EFCC Gets Fresh Remand Order To Hold Fani Kayode For Three Weeks by adaweezy(op): 6:53pm On May 23, 2016
