₦airaland Forum

20pounds:
My brother, you are very WRONG. Your submissions in the post portray you as a layman that applies morality and common sense to law. Both are different and can never meet.(Lord Denning).

1. You appeal the jurisdiction of trial Court in a higher Court and not the same Court. Where you do so, hearing of the matter automatically stops till a decision is reached on jurisdiction.

2. Saraki did not institute an action with the CCT as a party. His contention was that the office of the A-G federation was vacant and as such it cannot prosecute him.

#My Opinion; he was wrong on this one. In A-G Kaduna state v Hassan, it was held that where there is no substantive A-G, the solicitor General or any other officer in the office of the A-G cannot enter a nolle prosequi. In A-G fed v ANPP, it was held that the office of the A-G is a corporation sole and can prosecute persons even where there is no substantive A-G in place.

Saraki's Lawyers were not wrong to seek interpretation of the law on these two cases cos they have posed a conundrum to a lot of persons and Lawyers.

3. You argument is devoid of sound logic and point of law. It shouldn't have made frontpage.

Cc seun

Are you a lawyer? If yes, then I am really disappointed. How can you say jurisdiction can only be challenged at an appelate court? Even someone who is not a lawyer but a regular reader of newspaper will tell you that you are wrong.

Most cases start from arguments of jurisdiction of that particular court to try that particular case in that particular court

Hope that wasns't too confusing.

It is when the court rules against the persons on the subject of jurisdication , that the person can then approach an appelate court for redress.
Did you even read what the appeal court said in this Saraki's case that made them throw Saraki's Ex parte request to the dustbin?

"That they cannot interfere in an on-going trial at a lower court"

rhames:
Sentimentally, the Yoruba lawyers feel they are superior to other lawyers when they speak. The highest disregard for any judge is to call him incompetent.

You guys should stop looking at the statement from a sentimental point of view.

He used the term as a technical legal term to mean that the tribunal was not properly composed. He did not direct the 'not competent' statement at the Person of the chairman, but at the tribunal to mean that it was not properly constituted to try a case.

Although, he was wrong on the submission as two justices are sufficient to try a case, but I just need to clarify that we should not be too sentimental on this issue.

temitemi1:
Trash!

Has Saraki decamped to the PDP? This one you guys are defending him with all your strength.

BekeeBuAgbara:
Tinubu is an ordinary citizen while saraki is the senate president of the federal republic of Nigeria (number third citizen). Do you now understand the difference?

What's the big deal being nos 3? He doesn't have immunity, he doesn't command troops, he doesn't even command the finance as big as a state's.

In this same Naija, different erstwhile Senate presidents has been cut to size.

Inspector General of police has been derobed and sent to prison.

A siting Governor was derobed and sent to prison.

chukwudi44:
This is a balanced judgement.The judge restrained both parties.This is how it would be till 2019 with Saraki as senate president.

The court did not restrain anyone. It seems ur brain is equally getting aged.

Keep interpreting court rulings like an illiterate.

Why Badagry emerged preferred site for LNG shipyard project – BSMEC


Lead investors of the proposed $1.5 billion ship repair facility, Badagry Ship Repair and Maritime Engineering Company (BSMEC), Monday, disclosed that its decision to site the project in Badagry, rather than in the Niger Delta was based on a sound and rigorous feasibility studies.

The decision to site the project outside the Niger Delta has been a source of controversy, as different groups in the region have condemned the move, while some threatened to shut down the operations of Nigerian Liquefied Natural Gas Company, NLNG, in the region, especially in Rivers State over the alleged location of the Drydock in Badagry, Lagos.

This was even as the NLNG had dissociated itself from the ownership of the project, stating that its only involvement lies in encouraging investors to consider building dry docks in the country.

BSMEC, in a statement by its Project Director, Mr. Laolu Saraki, stated that for every wise investor, the place of a research-backed feasibility study cannot be relegated, adding that a painstaking process was carried out in order to produce a tested feasibility study.
According to him, the purpose of the feasibility study was primarily to answer some of the questions and concerns, one of which is if it is commercially viable to develop a new shipyard for the repair of large ships including LNG carriers. He said, “To answer this question, two fundamental pieces of information are required; the revenue available and the costs of developing and then operating the shipyard.

This information was then input to a business model to produce a business plan. “The pre-project technical consultant, Royal HaskoningDHV, took a completely independent approach working from first principles to establish the input for the business plan.
“To determine the revenue, Royal HaskoningDHV carried out a market study using raw data, local and regional, on vessel movements and fleet characteristics. This provided a picture of the total market available to a large ship repair yard situated in Nigeria.
“From the range of available vessel types and sizes identified, a coherent target mix was derived that would efficiently utilize the shipyard facilities. The only mandatory ship type to be included in this mix was large LNG carriers. A view was then taken on the proportion of the available market for the coherent target mix that the new shipyard could reasonably expect to capture.
“The resulting projected throughput was an average of 12% of the available market across the coherent target mix. The revenue could then be calculated by applying current market repair rates to the projected throughput.” Continuing, Saraki noted that, “The cost of developing a new large shipyard is dependent on the site conditions where it is constructed.

Therefore a search was made of the whole Nigerian coast and inland waterways for a location which provided the best technical balance of factors including access to deep water, good ground conditions, local workforce, free trade zone, transport links, access to suppliers and contractors.

“In addition to this, the perceived attractiveness of the location for ship owners and for investors was taken into account. Royal HaskoningDHV concluded that for the purposes of the feasibility study, Badagry Port should be the selected site to provide data input to the business model.
“Following the positive conclusion of the study, Royal HaskoningDHV was commissioned to manage an open competition to select the Lead Investor to take the project forward. Accordingly, potential investors and developers made written submissions, which were evaluated against a common set of criteria.



“The successful organization was Badagry Ship Repair and Maritime Engineering Company (BSMEC), a consortium of five Nigerian companies. Although we have been provided with the feasibility study, we do not have any onus to follow its findings.”



Saraki further stated that BSMEC is free to develop the new shipyard in whatever location and to carry out whatever throughput of business it wishes as long as it includes the capacity to repair large LNG carriers.

According to him, in return for the undertaking to include the LNG carrier repair capability, BSMEC is able to call upon the promotional support of the initiators of the feasibility study, namely Nigeria LNG, Hyundai Heavy Industries and Samsung Heavy Industries.
He, however, reiterated the unwavering commitment of BSMEC to bring this concept to reality and use it as a veritable platform to contribute substantially to Nigeria’s economic growth.

http://www.vanguardngr.com/2015/09/why-badagry-emerged-preferred-site-for-lng-shipyard-project-bsmec/

dearie:
The CCT is an inferior court to the Federal High Court. The CJN will soon make a reinstatement of the law and the CCT will be called to order in order for the judiciary not to be upturned over this issue.

The CJN unilaterally cannot make such pronouncement. It is the Supreme Court that has such perogative as to final interpretation of the Constitution.

SirExperience:
BREAKING: Appeal Court Stops Saraki’s Arrest

http://savinggracereporters.com/headline/breaking-appeal-court-stops-sarakis-arrest/

This one na fake news propagated by Saraki propangandists. The lawyers think they are smart. Filing an appeal at the court is not tantamount to an automatic stay of action.

A stay of execution is by virtue of a ruling of the Appeal court, which is yet to materialise in this case.

Those lawyers want to blackmail the judicial process. They filed an appeal and then went round the whole country, announcing that they have filed an appeal, thinking that is what counts.

Imagine, the lawyers even had the effrontery to tell the Chairman of the CCT to stop his proceedings that he has filed an appeal. What arrant nonsense?

He told the CCT to quit her proceedings because his client has sought refuge in a higher court. This is a gross abuse of the judicial process. I am glad that the CCT refused to be intimidated by the smooth talking lawyer.

The movie continues...

CyberWolf:
This shows the level of damage the north and their slaves in SW has done to this country. Imagine a Judge behaving like an ignorant morron before the whole world. Nigeria is doomed with these kind of imbecciles heading our judiciary..Though I don't give a Bleep about Saraki, but his lawyer is just exposing how incompetent the Judge is...SMH ...A case as simple as this?...The ediot that calls himself CCT chairman don't even know his left & right regarding the law..

Dont be carried away by sweet talking and seemingly compelling arguments from Lawyers. They are paid to do that. Some of them have been doing that for ages.

That lawyer despite his smooth talk was wrong on the issue of quorum. Check the CCB and CCT Act.

Victor Mathias ‏@victor_mbidi 10m10 minutes ago
Lawyers will always be lawyers. They only interpret the law to suit he who pays them. #Saraki #CCT #AssetsDeclaration

FreeGlobe:
Justice Danladi Usman of the CCT should be arrested asap for contempt of court. Justice for Saraki

Why not wait for details of the ruling before spewing trash?

The action continues...

****
So sorry people, this news seem to be false. Its a propanganda sent out to pre-empt the decision of the Appeal court.

@Bukola Saraki has just made this request to the Appeal court. The Appeal court has not yet ruled on the matter.

Breaking News: Appeal Court stops Saraki’s arrest


The Court of Appeal sitting in Abuja has stopped the proposed arrest of the President of the Senate, Dr. Abubakar Bukola Saraki, by the Code of Conduct Tribunal.

The Tribunal had on Friday issued the order for Saraki’s arrest for failing to honour its invitation.
The Chairman of the Tribunal, Justice Danladi Umar, had directed the Inspector General of Police, Solomon Arase, to effect the arrest of Saraki and produce him before the Tribunal on Monday (today).

As at Sunday, the police said it was yet to receive official communication from the Tribunal for Saraki’s arrest.
Details of the ruling of the Court of Appeal would be available on this news website soon.

http://theeagleonline.com.ng/breaking-news-appeal-court-stops-sarakis-arrest/

urchmanx:
From your comment you talk like a kid with tantrums and bipolar. We are talking about the current SP which constitutionally he is not wanting in his legality as a senator. So who is being a clown. All this jambites that has opportunity to access internet. Just the fate that we are on the same forum doesn't make you talk to people like that. You can make your argument without insulting one. While I didn't respond to kids like you.

Try and read what u wrote again and tell me if it makes sense. Your construction is terrible. You this Boy grow up and learn, before u start dabbling into political issues.

urchmanx:
That's for the correction away but calling me kids it's just out of line, because you didn't know anything about me. Probably when I stated using internet you were still in primary school. Back to the topic. The only constitutional means of removing the SP is through impeachment except you know other means which amount to witch hunting and blackmail to force him to resign.

Being a kid is not only a function of age. Your utterances, thought pattern and actions can depict you as a kid.

You talk like a clown. When did u start using the internet? From the womb I guess.

Impeachment is not the only way to remove a speaker. Consult the constitution, you'll find grounds in which a SP can vacate office. The court of law can also vacate the election of a SP that was not constitutionally carried out.

Rexology:
There is no judgment from both court yet. Since you did not see any conflict, I rest my case.

Correction, there is no final judgement of the substantive issue yet. But both has issued judgement on different sundry issues.

Rexology:
Cant you see the comflict between the Tribunal and the Federal high court? what happens to the order earlier given by the federal high court before the tribunal 'hurriedly' issued that order? why would the Tribunal Chairman still go ahead to issue that order when Saraki's councel ( Joseph Daudu, a well respected SAN )promised to stake all his reputations to provide Saraki on Monday?.
That order cannot subsist because there is already a comflicting order between the court of equal jurisdiction,therefore its only the Appeal court that can settle this comflict and that is why uptil this moment the IG of Police has not received such order officially to that effect. That Tribunal order is inside a trash bin. I am rather an advocate of Justice, equity, fairness and rule of law not a fan of Saraki.Many people on this forum comment out of hatred for Saraki for reasons best known to ALL.

There is no conflict whatsoever. The judgement of the high court is very different from that of the Tribunal. You may refer to my earlier post on same issue.

Write the judgement of the high court and write that of the tribunal and tell me where the conflict is.

neocortex:
What "swing" population made Buhari won ?
You must be living in Jupiter, if you believed Tinubu's 600,000 votes
got Buhari the Aso villa.

There is no point asking questions you already have an answer to.
Even many blacks that were staunch pro-republican switched their
allegiance to democrats just for Obama's sake.

I simply asked what percentage are American blacks and Latinos, u could not provide a answer but delving into ambiguities.

The votes were not Tinubu's. They were Buhari's.

Buhari got massive support in the NW and NE.

Jonathan got massive support in the SS and SE.

The swing votes came from the SW and NC, which Buhari won.

Those are the votes that got him to Aso Rock and also ensured he got the constitutional 1/3 votes in at least 24 states.

He never won these regions in the previous elections and that was why he never won.

No matter how u spin it, that is the cold truth. Buhari himself knows this, including Jona.

Jona realised this quite late into the elections and that was why he wanted to buy the SW votes through the Obas he was dishing dollars to. The attempt failed woefully.

youngeagle:
and him buhari didn't do the same.....that took him months to arrange his false declaration of assets.....why is saraki the only politicians among all that declared the only prson d want 2 bring down....gullible sets of people

Let me educate u a little. There is difference btw declaring ur assets to the CCB and the public.

Public officials are to declare their assets before assuming office. What PMB just did is to release the content to the public. He has declared it way back before assuming office.
Kindly take note.

Actionleap:
Most people are even missing the main point. The CCB CANNOT institute a case against anyone without an attorney-general.
APC desperation is to remove Saraki before presenting their ministerial list to the senate for confirmation. In fact, I think it is part of the delay tactics of Buhari not able to appoint his cabinets 4months after being sworn in as president. The lynch mob won't listen to voice of reason now. All they want is bailing for blood. I am beginning to feel we are back to the days of militocracy...

You are still behind. A supreme Court case law of 1983 has been used to settle this. If I see it later I'll cite it for u.

neocortex:
Stop pretending to be a saint, because the poster said the obvious truth,
there is a reason why people support their own and it happens everywhere in
the world. Even Obama will never have reached the white house if the blacks and
the Latinos weren't sentimental.
You only accuse people of being sentimental when you are not in any way affected.

Tell me the population and percentage of black/latino Americans that got Obama there??

The baseline is that there is a population that has a swing advantage and is only concerned with competence. It is this same swing population that made Buhari win the presidential election.

seunmsg:
There is quite a lot of confusion about this CCB and CCT of a thing and the media people reporting this matter are also creating lots of confusion. All the same, by Monday, we will see clearly the parties that will appear before the FHC. But I very much doubt if the CCT chairman will appear as a party before the FHC. It is just like asking the chairman of an electoral tribunal to appear before an high court to defend why he wants to hear an election case brought before him.

Yes na. The action of the high court is quite laughable.

chukwudi44:
Bros i already did or cant you read again? Naptu first posted it and i had to repaste it here again because of you

I'm still reading, will get back to u shortly.

chukwudi44:
This is not about what a lawyer said but rather what the constitution says!!! The CCT is not a superior court of record and cannot claim equal jurisdiction with a superior court of record

Then show us the section of the constitution that says it!!!

Is this so difficult??

The 1999 constitution is readily available on the internet. Even your Agbakogba and Adeboruwa found it very convenient not to quote the relevant section of the constitution /statute/case law their argument relied on

chukwudi44:
Go back to page 1 and read the section of the constitution naptu posted. Agbakoba is right, the CCT is an inferior court to the FHC

I said u should give us the legal document/constitutional provisions for us to read and digest ourselves.

We are not illiterates, we can read and understand. You are not an illiterate as well, so you don't have to rely on what another person said to argue your point. Give us the real legal document.

How come the only two lawyers Thisday interviewed argued in favour of this. How come it's only this two lawyers whose interpretation of the law is usually skewed towards the PDP that was asked for their opinions. Are they the only constitutional lawyers in Nigeria?? If Thisday wants to be balanced, they should have interviewed at least 4 renowned constitutional lawyers.

seunmsg:
The FHC actually asked all the parties involved to appear before it on Monday. The parties in this case are the office of the Attorney General of the federation and Code of conduct bureau (prosecutors) and Bukola Saraki (accused). The CCT will not appear before the FHC as they are not a party in the matter. We should be mindful of the distinction.

I get your point. But pls read the submissions of the high court properly. The CCT chairman is among those it summoned.

This is an excerpt of the Thisday newspaper report

The CCT commenced the trial of Saraki despite a Federal High Court ordering the chairmen of CCB, CCT and a Deputy Director in the Federal Ministry of Justice, Musiliu Hassan to appear before it on Monday to show cause why Saraki's ex-parte application should not be granted.
http://www.thisdaylive.com/articles/facing-arrest-saraki-cites-politics-in-ccb-prosecution/220612/

chukwudi44:
The CCT chairman made reference to the high court's judgement and claimed coordinate jurisdiction which is wrong since the CCT is an inferior court of record to the FHC
I can bet you that the arrest warrant issued by the CCT would definitely be quashed by the FHC

Tell us where u got the information that the CCT is an inferior court?? Pls don't quote some charge and bail lawyers, give us documents that we can all see and digest with our senses.

jlinkd78:
Real reason why legal practice is really a professional course, one interpretation by an authority like Agbakoba is about giving Saraki a lifeline. I wont be surprised if Saraki survives this banana peel and probably have d last laugh n d cct chairman who is probably smiling now begging. Am yet to hear Ekweremmadu input being a revered constitutional lawyer. If it is established dat d FHC is superior to d cct in anyway, then d Saraki team can argue contempt charge against d cct chairman for not respecting d FHC decision to wait till Monday n u know d FHC case can drag up to d supreme court. Though I wud v loved Saraki to go to prison cos of his stupendous acquisition of wealth but d brazen manner a comatose CCB suddenly became over-lively shows there is more to this than meets d eyes.

They don't interpret court pronouncements the way you are doing. You are making assumptions for the High court judgement.

The high court never told the CCT to quit it's proceedings till Monday. They simply told the CCT to appear before it and give explanations why they should not grant Saraki's Exparte application.

It is not a difficult thing for the High court to grant the Exparte injuction Saraki sought for, stopping the entire proceedings of the CCT.

The high court wisely did not grant this injection, but simply asked the CCT to appear before it. These orders are very different in the legal world.

Asking the CCT to appear before it to make clarifications can never be interpreted legally as ordering the proceedings of the CCT to stop. The legal team of Saraki really goofed on this one.

Rexology:
It has started... Saraki had already approached the Appeal court to set aside the order of the tribunal.

The order is still subsisting and he'll be arrested if he tries to evade the tribunal on Monday. He is trying to abuse the court process, and the appeal court will embarrassingly put him in his place. But before then, he has to appear before the CCT, or he risks being arrested.

Rexology:
PMB is neither the head of Judiciary nor a Military ruler to just give "nods"as it pleases him.
Just watch as the events unfolds, then you can either prove me right or wrong. I rest my case.

If the Inspector General of Police has reason to arrest a High Profile Individual, he will definitely want to know the disposition of the president to this.

Rexology:
This can be likened to someone that is stil live and some persons are planning his burial. Saraki will not be arrested, on Monday his team of Lawyers will go to appeal court to vacate the 'bench warrant' on Saraki citing the case he had earlier instituted against CCB and others.
You can take this to the bank.

How can you go to the Appeal court on a case yet to be concluded? If he doesnt appear in person at the Tribunal, he may be arrested. Especialy if PMB gives the nod. He will be promptly arrested, and there is nothing anyone will do about it.

From the look of things, Senator David Mark may have to prepare for another election. This Onjeh guy seems to have pursued his case to a very logical conclusion



Afam4eva, OAM4J, Lalasticlala, your attention is needed

***
He looks cool and may turn out to be a very responsible senator. But that is left to Benue peeps to decide, if indeed a re-run is ordered.