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THE LAW AND POLITICS OF KOGI STATE GUBERNATORIAL ELECTION The fact is that election was still ongoing as at the time of death of Audu Abubakar (results having not been announced). Thereafter the elections, INEC declared the elections inconclusive not because of the death of Audu Abubakar but because of the obvious disparity between the number of registered voters in 18 LGA and the number with which Audu is leading. Now if the reason given by INEC is tenable, Faleke couldn't be said to have ran for the gubernatorial election being a mere running mate. In that case, APC was legally right in substituting Audu Abubakar(not Faleke) with Yahaya Bello and it doesn't lie in the mouth of Faleke to insist that his party must adopt him. But if INEC was wrong in declaring that election inconclusive, then Faleke stands a very slim chance of succeeding in the court if and only if a broad interpretation of the Electoral Act will be applied in this case. However, if that is not applied, he is bound to lose on the premise that he was never a candidate of that election and in that circumstance, Idris Wada (current governor) may be declared the winner by the court. Faleke is obviously basking in the hope that being a running mate of a supposed winner, he ought to have been declared the winner( how can ). Whichever way the pendulum swings to, I don't believe Faleke was entitled to be declared the Governor. However my worry began when I saw Wole Olanikpekun SAN representing Faleke at the court, I was worried not because of the reknown legal prowess of Wole Olanikpekun but because of Wole's closeness to APC National Leader Tinubu. My legal observation which I knew was on point with the common principles of law and the obvious provisions of the Electoral Act was suddenly faced with the politics of the law, I was then forced to summarize my permutations on two points. One, going by the legal aspects of the law, Faleke is a goner. Two, going by the politics of the law, Faleke is the winner.-Lawrence C. Nnoli Esq |
" I saw this as a very big challenge for all those that are oppressed. As a Human Rights activist, I saw it as an opportunity to let the world know that yes in Nigeria, there is truly democracy. We have seen democracy in Nigeria.- VINCENT OBETA (Counsel to Nnamdi Kalu) |
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esthersolomon00:You have prayed?? And you are Bisexual?? |
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MissAssy:I can help you report the matter to non - government organisations that will assist you in your condition. But if you are not interested, no problem then. However, it seems you have overgrown the problem. Goodluck |
Please send your name and address to 08035533560. |
NIGERIA'S PRESIDENCY: Tribal Formulae for Winning the Presidential election in Nigeria. 1. South East - South West - South South + North West + North East -North Central = WIN 2. South East + South South - North East - North West + North Central - South West =LOSE 3. South East + North West + North East + North Central - South West - South South = WIN 4. South south + South East + South West - North West - North East + North Central =50/50 5. South West + North West + North East + North Central - South south - South East = WIN 6. North East - North West + North Central + South East + South South + South West =WIN 7. North East - North Central - NorthEast + South south + South East + South West = 50/50 8. North East + North West + North Central - South South - South East - South West = NEUTRAL |
IamforGod:Please go and read the EFCC Act 2004 especially Sections 6 and 7 and you will see that the raid carried out by the EFCC is purely illegal. Until you stop politicizing this story, you will always veer off the line of the law. |
IamforGod:They are yet to say so and their silence is loud enough for one to reasonable conclude that there was indeed no warrant for such raid. I will be surprised if they produce one. We are watching. |
atbu1983:I am not a Wailing Wailer. |
They are yet to say so and the silence is loud enough for one to reasonable conclude that there was indeed no warrant for such raid. I will be surprise if they produce one. We are watching. |
Much as I want the fight against corruption to go on, it MUST be fought within the ambit of the rule of law. Nigeria is not a Banana Republic. We have laws that govern the nation and the laws MUST be obeyed by both the government and the governed. Condoning any breach of these laws from any side and by any side is an open invitation to anarchy and lawlessness. |
RAID ON DIEZANI- ALLISON MADUEKE's HOUSE: My Opinion "It is crass abuse of power for EFCC to have gone to raid the house of a former minister of the Federal Republic of Nigeria in the manner they did without any search warrant, no invitation, no nothing and moreso in her absence. They cannot claim to enforce the same law they are breaking. This is not about politics, this is about upholding the rule of law. I am not holding brief for Mrs Madueke but the action of EFCC is very unprofessional and should be condemned by all and sundry regardless of one's political affiliation." Lawrence.C.Nnoli Esq |
Cheating on your husband just to pay him back will backfire. Trust me, you wil regret it till you exit from this planet. If you no longer love the man, you know what to do. |
My respect for this man that calls himself a former CBN governor has just plummeted. |
A big sorry to the Nigerian Police |
CONGRATS MIKEL |
Authored by LAWRENCE C. NNOLI, a renowned expert in Criminal law and Intellectual Property law Email: Lawrence.nnoli@gmail.com The enactment of the Administration of Criminal Justice Act 2015 has been applauded as an outstanding step taken by the Federal Government of Nigeria in recent times to redress the poor administration of criminal justice system in Nigeria. However if the legal battles currently raging in some criminal trials across various federal courts and the courts in the Federal capital territory are anything to go by, then there is a real danger that the rigorous efforts put in by our draftsmen towards the enactment of that Act will be rubbished by the clever arguments of some defence lawyers. Section 306 of the Administration of Criminal Justice Act 2015 which was recently passed by the immediate past National Assembly and signed into law by the former president Goodluck Ebele Jonathan, has been described as a bad law by some criminal law attorneys in Nigeria. Section 306 of the Administration of the Criminal Justice Act, 2015 prescribed that “An application for stay of proceedings in respect of a criminal matter before the court shall not be entertained.” The very object of this particular section of the new act (which is stay of proceedings in criminal actions at the courts) was until the inception of the new act, at the exclusive discretion of the courts. Such judicial discretion which ought always to be exercised judiciously was sometimes exercised otherwise in many cases when lawyers breath hot air on the neck of the court positing the ‘need for the court to defer trial’ to make room for the appellate court’s wisdom. This argument comes alongside with the argument favouring the need for the court to respect hierarchy of courts(especially when an appeal is involved) and all sorts of argument as to what happens when the verdict of the appellate court becomes variant with the court’s ruling or judgment and how a contrary outcome of the case at the appellate court will make a nonsense of the proceedings of the court if the court refuses to grant a stay of proceedings pending the determination of the appeal at the appellate court. These arguments were the major spikes used to jab the wheel of quick administration of criminal justice system in Nigeria. This explains why a criminal trial can take up to ten years or more for it to be concluded at the court of first instance in Nigeria. The tactics of stay of proceedings is a foremost weapon of the defence team used (especially when the defendant is on bail) not only to delay the course of justice but actually to weary the court and the prosecution and ultimately to evade justice. How it works is that the defense attorney will object to every conceivable procedure taken in the course of the criminal trial. Such procedures may range from the mode of service of a charge sheet on the defendant to the jurisdiction of the court to entertain the matter, to the power of the prosecution to prosecute, to the arraignment of the defendant, to the tendering of exhibits etc. As these objections are ‘flying in’ from the defence team, so also any ruling of the court adverse to these objections are countered by applications for stay of proceedings occasioned by the appeal filed or sought to be filed by the defence team against that particular adverse ruling of the court. Thankfully, the National Assembly have made an act (law) expressly prohibiting all federal courts and all courts of the federal capital territory from entertaining such application for stay of proceedings in criminal trials. If the courts cannot entertain such application, then they cannot grant such relief prayed for. This has barred the defence and even the prosecution from bringing any such application. By implication, this law has equally obviated the need for the exercise of discretion by federal courts and all courts of the federal capital territory over applications for stay of proceedings in criminal trials which is what used to be obtainable before the new act. Unsurprisingly, defence attorneys have cleverly resorted to the views of retired Justice Roseline .N Ukeje (a former chief judge of the federal high court) in her book titled ‘Nigerian Judicial Lexicon’ published in 2006 at page 203 where the learned jurist described the inherent powers of the court formerly employed by the courts to stay proceedings as follows: ““Inherent powers of the court cannot be taken away or abridged by legislation, for he who gave, he only can take away. This explains section 6(6)a of the Constitution of the Federal Republic of Nigeria 1999 which merely recognized and stated the obvious that the inherent powers of a court of law exist notwithstanding anything to the contrary in the constitution for such powers were not granted by the constitution.” The above view has been employed by several defence attorneys as legal arguments to demonize section 306 of the new act and make it of none effect for being ultra vires with Section 6(6) a of the Constitution of the Federal Republic of Nigeria 1999. These legal pundits have posited that Section 306 Of The Administration Of Criminal Justice Act (ACJA) 2015 have robbed the courts of its inherent powers to grant a stay of proceedings in exercise of its discretionary power and is therefore at variance with the constitution, thus it cannot stand. Enormous pressure has therefore been mounted by these defence attorneys on different courts that are trying criminal matters (especially high profile matters) urging these courts to jettison the clear provision of this new act and to continue to grant stay of proceedings in defiance of the clear provision of the act. This actually is the reason for this article. A court once created by law is vested with jurisdiction/power (jurisdiction and power though slightly different is used to depict the authority and ability of the court respectively) to function effectively and efficiently as a court. The entire gamut of jurisdiction which is vested on a court is known as general jurisdiction. This general jurisdiction consists of statutory jurisdiction and inherent jurisdiction. The Supreme Court in Eleazor Obioha .v. Innocent Ibero and Anor (Unuwari family) 1994 1 NWLR part 322, page 503 defined General jurisdiction of a court as the “unrestricted and unlimited powers of the court in all matters of substantive law both civil and criminal except in so far as that has been taken away on unequivocal terms by statutory enactment”. The Supreme Court went ahead to define Statutory jurisdiction as the “powers of the court created specifically and vested on the court by the statute establishing it. Statutory jurisdiction/powers are expressly defined and the limits which the courts can exercise them are stipulated by the creating statute.” Inherent jurisdiction of a court has been defined by Duhaime’s Law Dictionary as “the residual, automatic and ex officio authority of a court of law to regulate proceedings before it.” Jerold Taitz a South African jurist in his book “The Inherent jurisdiction of the Supreme Court” defined inherent power/ jurisdiction of a court “ as the unwritten power without which the court is unable to function with justice and good reason. As will be observed below, such powers are enjoyed by the court by virtue of its very nature as a superior court modeled on the lines of an English court. All English superior courts, English colonial superior courts which succeeded them are deemed to possess such inherent jurisdiction save where it has been repealed or otherwise amended by legislation.” Wikipedia defined Inherent jurisdiction as “a doctrine of the English common law that a superior court has the jurisdiction to hear any matter that comes before it, unless a statute or rule limits that authority or grants exclusive jurisdiction to some other court or tribunal.” It has also been referred to as those powers that are reasonably necessary for the administration of justice in the courts. The ‘inherent jurisdiction’ of the courts is the power inherited by the courts from customs and usages passed down from the English common law. It is of common law origin. Originally, inherent powers of courts are powers conferred on courts in England by certain customs and legislations and subsequently received in Nigeria by the statute of general application which makes the laws and custom of the courts of England applicable to the courts in Nigeria. An example of inherent power of the court and what is not an inherent power of the court has been given by the Supreme Court in Eleazor Obioha.V. Innocent Ibero and anor supra at pages 520, 521, 524, 525-527 to wit that: “the power of the courts to vary their own judgment/orders by way of correcting clerical mistakes/errors from any accidental slip/omission is an inherent power of the court…It is not inherent exercise of the jurisdiction for the court to dabble into matters that the statutes, constitution or the rules of courts have made jurisdictional provisions for.” The Supreme Court further held that inherent powers should not be extended beyond what the statutes or constitution or the rules of court provide. This means that the courts cannot assume jurisdiction where it has no jurisdiction and cite ‘inherent jurisdiction’ as its reason for assuming jurisdiction. In addition, though inherent jurisdiction can be exercised where there is no statutory provision of the law on the subject matter, all inherent powers /jurisdiction that a court may exercise must not contravene any statutory provision of the law.- Eleazor Obioha.v. Innocent Ibero and anor supra. In the Supreme Court case of Tinubu.v. Khalil and Dibbo Transport Ltd (2000) 11 NWLR (PT. 677) 171, the respondent argued that the trial court had an inherent power under section 6(6)a of the Constitution of the Federal Republic of Nigeria 1979 (which is in pari material with section 6(6)a of the Constitution of the Federal Republic of Nigeria , 1999) to non-suit or strike out actions even where the rules of the court failed to provide for such powers. Uwaifo JSC delivering the lead judgment rejected the argument of the respondent and held thus: “…although section 6(6)a Constitution of the Federal Republic of Nigeria 1979 provides that the judicial powers vested in the courts shall extend to all inherent powers and sanctions of a court of law, it has not been decided that a court of law can make an order of non-suit even where the rules of that court appear to have dispense with that power.” The Court of Appeal in Jombo .V.Petroleum Equalization Fund (2001) 10NWLR part 722, page 705 at page 717, para C held that “Majority of the judicial powers of the Federal Republic of Nigeria are vested in the conventional courts under section 6 of the Constitution of the Federal Republic of Nigeria. They are only unfettered when there is no real ouster clause. That being the case, the judicial powers vested in the courts though broad and all-embracing are normally limited by its distinct and special jurisdiction and competence. For that reason, where a competent decree/act clearly ousts the jurisdiction and in this case the discretion of a court of law, it is safer for the court to surrender and bow to the wishes of the lawmakers and honorably decline jurisdiction.” (words underlined are mine) The Supreme court in the consolidated cases between T.A. Yonwuren .v. Modern Signs Nig Ltd; between John Ememoh & Anor v Chief Daniel .O Onokpite & ors; between Udealo Nwaora v Nwannoli Nwakonobi & ors (1985) 1 NWLR part 2, page 244 has held that the court may exercise its inherent jurisdiction even in respect of matters which are regulated by statute or by rule of court so long as it can do so without contravening any statutory provision. Even the Court of Appeal in Ikeni V Efamo (1997) 4NWLR part 499 page 322 at page 328 adopted the above stated judgment. It also adopted another Supreme Court judgment and held in paragraph H thus: “inherent powers of the court should not be extended beyond what the statutes, the constitution and rules of court provides. There is nothing inherent in the powers of a court which is not covered by a law. To assume jurisdiction where none exists is not inherent power simply because a court feels it would be just so to do…”In addition, the Supreme Court of Canada in College Housing Co-operative Ltd.v. Baxter Student Housing Ltd (1976) 2SCR, page 475 held that: “Inherent jurisdiction cannot be exercised so as to conflict with a statute or rule.” Before the advent of the Administration of Criminal Justice Act 2015, the power of the courts to stay proceedings in criminal trials was a power exercised discretionally by the courts under its inherent powers which the courts exercise after the applicant must have shown the court cogent reasons why such application should be granted, however that particular inherent power of the court has now been dispensed with in Section 306 of the ACJA, 2015. For a court to hold otherwise will therefore tantamount to insinuating that the common law should be chosen in place of our indigenous statutes and case laws. This definitely is not tenable in the Nigerian legal system. Consequently, the views of retired Justice Roseline Ukeje in her book mentioned above with greatest respect is not the correct approach of the law to inherent powers of the court and hence cannot and should not be relied upon by attorneys and courts to suppress the clear dictates of the Administration of Criminal Justice Act 2015 especially its section 306. Section 306 of the Administration of Criminal Justice Act 2015 is therefore not a bad law and holding otherwise will continue to foster and perpetuate backwardness and laxity in the Nigerian Criminal Justice system. LAWRENCE C. NNOLI is a renowned expert in Criminal law and Intellectual Property law Email: Lawrence.nnoli@gmail.com |
By L.C NNOLI lawrence.nnoli@gmail.com OWELLE CHUKWUMA AZIKIWE: My Tribute: "I met you once or twice as a child in the mid nineties when you came to transact some businesses with my grannies, you looked exactly like your father the Great Zik himself. I remember your old white 504 saloon car which you drove by yourself to my grannies house. Your simplicity even as the first scion of one of the foremost African nationalist and first Nigerian president fascinated me. Your pleasant sounding voice and loquaciousness (a common trait in an average Onitsha indigene) was like sweet melody in my ears. I wanted to be like your father (who wouldn’t want to be like the Great Zik?). I learnt about your death through the tabloids and I felt bereaved. After your demise, I read statements credited to the Federal Government and the Anambra State government of how arrangements are in top gear to ensure that your remains are laid down in the most honourable, elaborate and spectacular manner (which is the dream of an average Onitsha man especially a red- cap high chief that you were). Alas, I was taken aback by the turn of events as I read in today's newspapers of how your burial ceremony was bereft of the presence of our so-called Igbo leaders. I don't know what you did to deserve such treatment and I don't think knowing the cause of your poor burial outing is necessary. Though, I have heard from the grapevine of your unpalatable relationship with the Obi of Onitsha and while that may serve as a reason for his absence at your burial, the non attendance of other Igbo dignitaries at your burial ceremony leaves a sour taste in my mouth. I am left to conjecture that one of the reasons that your burial ceremony went the way it was is in fulfilment of the promise made by some disgruntled and failed Igbo politicians to pay you back for your unalloyed support to our current President who you threw your political weight for during the 2015 general election. Indeed I read in the July 12th of SUN NEWSPAPERS of how some group of failed politicians have concluded plans to punish you in the grave for that worthy act of yours. You did what the Great Zik would have done if he were to be alive; our Great Zik, your father told Ojukwu not to lead the Igbo people into a justified but non-strategic and planless war but the Ikemba refused the advice. When the war got hottest during Operation Tail-Wind, Ojukwu fled and abandoned us. It took the wisdom of the Great Zik and General Philip Effiong to broker a peace treaty with the Federal Government which brought the war to an abrupt end. I was highly surprised that all those political businessmen and self-proclaimed political pundits who always throng your residence at Onira compound anytime it was an election period just to curry your favour and identify with your father's name for electioneering did not attend your burial ceremony. Not even Goodluck Jonathan who adopted your father’s name showed face or sent any representative to your burial ceremony. Again, I thought all those political wizards and witches who always in the dead of the night cut off and do away with the sculptured Zik's head around Borromeo junction, Onitsha (whatever they do with a sculptured head of your father, only God knows) will show some sort of respect by attending your burial. Anyway, you have come and you have gone. The moral support you gave to some Igbo youths like me to abandon Sectional Uninformed Militant-like Politics and instead pursue a Progressive Intellectual Systematic Politics (PISP) just like your father the Great Zik himself, remains unwavered. You will always be remembered sir." |
For all the assaults, I think you should report him to the police. Your life is in real danger. Life comes first before marriage. Secure the former before thinking of the latter. |
Rubbish order. This is a gross violation of parents' right on how to train their children. I think the authorities are just playing to the gallery. |
ArodewilliamsT:Nnamdi Kanu should first of all stop using uncouth language when talking to his own brothers on air. Having listened to him, I can't but conclude that he needs some medical attention. |
AnambraDota:SHUT UP. Instead of you to use your brain and be useful to yourself and family, you are here typing out your life on nairaland which was developed by a yoruba boy. I m sorry for you. |
Txonyi:People like you will be the first to run in the face of war. Why did Ojukwu run when he knew he has lost the war? A real captain does not jump ship. He stays with the ship. |
To get justice, send the name of the company, its address and your name to 08035533560. |
If anybody knows the host presenter, pls let him reach me on 08035533560 incase the radio station terminates his appointment. I will drag them to court. |
What does your appointment letter says about termination of work? Contact a lawyer specialized in Labour law.-08035533560 |
I have the same experience just 2 weeks ago at Surulere. |
). Whichever way the pendulum swings to, I don't believe Faleke was entitled to be declared the Governor. However my worry began when I saw Wole Olanikpekun SAN representing Faleke at the court, I was worried not because of the reknown legal prowess of Wole Olanikpekun but because of Wole's closeness to APC National Leader Tinubu. My legal observation which I knew was on point with the common principles of law and the obvious provisions of the Electoral Act was suddenly faced with the politics of the law, I was then forced to summarize my permutations on two points. One, going by the legal aspects of the law, Faleke is a goner. Two, going by the politics of the law, Faleke is the winner.

