₦airaland Forum

ebenezer4o2:
An emergency senate session should be held right away in the absence of the senate president as he faces corruption charges at the code of conduct tribunal this morning with his cronies who accopanied him.
The session should see the embattled Senate President ousted out of office and a new president elected according to the party principles immediately.
Since he(Saraki) has been barned from entering the presidential villa,he should also be barned from presiding over the sanate and also holding any position in the upper chamber.

TRUTHTOPOWER:
If you are a lawyer you should no by now that CCT proronouncement as to its character is the law of the land until that pronouncement is overturned by court of appeal on the strength of its appellate jurisdiction under section 246. CFRN You should also know that CCT is a creation of the constitution under 5th schedule. the whole of the 5th schedule is devoted to CCT. impeachment procedure is in conjunction with State CJ. NJC has no role in court martial.
If the constution gives appellate jurisdiction to Court of Appeal can we not settle all issues through appeal?
cite just one law that gives HC the power to control the proceedings of CCT.

In fact I can argue that FHC is superior to CCT but my argument goes to no issue because the only authority we have now is the pronouncement of CCT that it is not subordinate to FHC. to make matters worse FHC cannot overrule CCT. only court of appeal can determine the question because it is the only court with direct appellaye jurisdiction. so what is the point!

TRUTHTOPOWER:
nothing prevents a litigant in a high court to approach another high court on threat to his FHR by the first court. but then the court of appeal is there as the appellate court. the decision of Courts of coordinate jurisdiction have only persuasive authority. ask your self can the authority of FHC bind an election tribunal or CCT. the composition of martial courts is different from CCT. the former is constituted by soldiers whilst the latter is constituted by a retired judge or someone qualified to be a judge. the process has the input of national judicial council because CCT is a judicial organ. court martial are constituted by the military hierarchy.

we can only give legal opinions here. the law as it is today is that which CCT pronounced about itself as a superior court with coordinate jurisdiction. if you feel it is wrong, nothing can be done except by appeal to court of appeal

TonyeBarcanista:
This is the ONLY part I'm interested in. The problem with some of us is that we fail to understand that the law has no place for excuses. It only bothers on defence against the allegations and any other technical matters. In fact, judges these days are more concerned with merit of a case than technicalities. Whatever observations Saraki has, he should explain that to the Judge at CCT. Whether CCT Chairman is accused of corruption, it has no effect on Saraki's matter. It is a different subject that should be acted on by ICPC/EFCC. If they allege that Lamorde looted N2trillion (sounds silly though), the matter should be reported to SFU and petitions be sent to the Presidency for expedient action. The Senate is NOT a court, they have NO prosecutionary power.

All in all, there is no justification for Saraki. He must face his allegation. His sins has found him out!

Dhugal:
Why did the CCB not serve Saraki the required 14-day notice to come explain his asset declaration?.Serving him notice to come clear himself before the CCB is a requirement by law,I hope you know that.
Why were the other Commissioners kept in the dark about the whole process against Saraki?.Why the rush to the Tribunal with so many things left undone?.

redsconsult:
What will it cost judas saraki to come to ccb with all its book to clear the air. He is the nation number 3 man for christ sake and any body can dig up a case which he must be able to defend his integrity.

989900:
Really? How do you interprete the below, when you factor in (5) (j) and (k) and the laws that created and binds the CCT?




Then tie in the below:


Note: section 6(5) as a whole/in it's entirety.

(j) and (k) are case specific courts, hence the ambiguity of label/tag name. It does not make them less superior courts as rightly included in (j) and (k), moreover, in this case it satisfies " Superior Courts of record refer to all the courts presided over by judges trained in law where there is a duty to record and publish for public access".

OnReflection:
Before the amendment, there was ambiguity - yes. But this is not the same as stating that there was absolutely no basis for it to have been regarded as a superior court. My point is, as things stand, the 'Administration of Criminal Justice Act 2015' has cleared up any existing fog with respect to the actions taken by the CCT also.



Source: http://www.punchng.com/feature/the-law-you/implications-of-new-administration-of-criminal-justice-act/

OnReflection:
Did you not read my earlier poser to Pa Chukwudi44:, which he dexterously side-stepped?

Is the National Industrial Court (NIC) regarded as a superior court or not?

More to the point, why is it so difficult to interpret clauses 'j' and 'k' correctly?

TonyeBarcanista:
Oga The emboldened has ANSWERED you

989900:
Obviously, you wish 'j' and 'k' were not part of the constituition.

TonyeBarcanista:
The CCB Act is in concordance with the constitution. The constitution (as quoted) only put to rest any argument that may arise. Read section 174(2) again. Meanwhile, the Constitution is the ONLY legal document upon which other documents rest. In fact, the Supreme Court is famous for striking out some section of electoral act that were in conflict. The Acts (laws of parliament) does not explain the Constitution, the Constitution instead explains the Act.

The Section 174(1) not only specified High Court but also went ahead to talk about other tribunals including those established by act of the parliament. The case is actually criminal in nature but the punishment for it was Specific. In fact conviction before the CCT means losing right to run for office or hold any office within a Specified. Let us also understand that CCT is not an really "anti-corruption" court, its function to to try those with false declaration of assets among other code of conduct breach. Saraki's corruption case will still be tried in FHC or State High Court.

TonyeBarcanista:
Oga, let's stop arguing emotionally. The section 174(1) was NOT about only regular court.... Lemme quot it

"(1) The Attorney-General of the Federation shall have power
(a) to institute and undertake criminal proceedings against any person before any court of law in Nigeria, other than a court- martial, in respect of any offence created by or under any Act of the National Assembly";

Subsection 2 of 174 further stated that...
(2) The powers conferred upon the Attorney- General of the Federation under subsection (1) of this section may be exercised by him in person or through officers of his department.

That has nullified your argument.

OnReflection:
^^^




Source: http://www.vanguardngr.com/2009/11/asset-declaration-police-ordered-to-arrest-ribadu/

Unlike Ribadu, Saraki is not being prosecuted in absentia. He has simply elected to exempt himself from the proceedings.

obailala:
The actual length of the bridge is 1.6 km with land road construction of about 10.3 km which brings the entire length of the project to 11.90 km.

Compared to the Lekki-Ikoyi bridge, the 2nd Niger bridge is marginally longer, wider, has an over 10 km linking road and a higher load bearing capacity. However, the cost of N130 billion definitely looks inflated when compared with the cost of the equally inflated Lekki-Ikoyi bridge.

sammyj:
Like I said in my previous post GEJ is a scam who has scamming and sold the future of the SE people to private business men. Imagine using our own tax payers money to build a white elephant phantom bridge which will be tolled for 25 years. PMB should scrap the entire contract and create avenue for new bid devoured of private public partnership scam!!

anonimi:
I hope the DETAILS are not true.

However does anyone know what happened to the same second Niger bridge that Obasanjo launched maybe twice and budgeted for

Mynd44:
They should stop clowning. Can the President dictate a list of commissioners to the governors? Why should they suggest his ministers? Everyone should face their work biko...

As for the threat of blocking the list of ministers, jokes as usual.
And impeachment? You can't impeach him via the senate alone. Any impeachment process must start from the house of Reps sand Goodluck getting even half of the House of Reps to agree to impeach the president not to mention two thirds

ednut1:
SMH, yet he refused to accept he was wrong

see ur life bros

Rad1cal:
Shows us the room please.

I see you were foolishly biased in your attempt to get noticed.

Begone.

Rad1cal:
You sound absolutely lame just like your kobo kobo free to nyash mama.



Only an unexposed ediot won't factor in time difference when commenting on a global forum like this.

May you be free from your eternal shackle. Say amen !!



A remote village where people don't go hungry like your entire Osun State.

Bwahahahahahahahahahaha

ednut1:
well am a banker and we give 15% for dat kind of money duh. at the bolded ur calculation is wrong oga. 14% is 14/100= 0.14 0.14*35,000,000,000= 4,900,000,000 per annum two months is 60 days= 60/365*4,900,000,000= do it ur self seems ur maths teacher needs to be arrested