₦airaland Forum

seunmsg:
Your point or opinion doesnt matter when it comes to law. If you have a case in court and someone who is very critical to resolving your case is not willing to come and testify, you can legally force him to come and testify by way of subpoena and that is what Metuh has done.

On your second point, it is not in your place to tell the court that Jonathan cannot testify without permission of the current president. He has been legally subpoenaed, he must appear in court first and tell the Judge that he cannot testify without the permission of the president or he cannot remember anything about the case. The judge will then decide on the next line of action based on the facts before him. Telling him not to appear at all is contempt of court.

I am tempted to say that your point or opinion doesnt matter either when it comes to matters of law. But then again, we are not in court, we are chatting on a online public fora, a court of public opinion if you like as powered by Seun.

So long as your comment/opinion doesnt contribute to reducing Nairaland traffic, offending the rulers of the islamic section in the Religion forum, or fall into the categories of comments that breaks Nairaland rules as viewed by Nairaland Mods or spam bot, it does matter here.

This comment of yours would have made a lot of sense if I actually said anything or suggested Jonathan shouldnt appear in court.

I implied that it was wrong - or shall I say unwise - to subpoena Jonathan to come to court if he was unwilling to help, why?

Because his appearance in court doesnt guarantee help from him in anyway. A simple high powered delegation as raised from within the PDP would have been enough to get an answer on whether he will testify on your behalf or not. Not a formal letter from a lawyer he has no business with.

If he want to help you fine, if not look for help elsewhere. No sound lawyer will advice a subpoena of an ex-President because it create a lot of knotty issues.


If you even have a strong sense of history, Abdulsalami was invited to the ICC to testify concerning Abiola's murder case and he wanted to go.

A simple letter from the Presidency as signed from Obasanjo made it abundantly clear that he risks a 20yr Jail term - quoting relevant sections of the Nigerian constitution - if he goes to discuss in open court, matters that relate to his activities as President, a reasonable number of which are classified.

Abdulsalami forwarded Obasanjo's letter to the ICC, the matter died a natural death.

Jonathan on the other hand can and most likely will honour a subpoena from a Nigerian court, all he has to do is remind them that he cannot remember and ask them to seek clarification of such orders from the Presidency.

So why subpoena someone who can make your case worse. Normally you invite someone to testify in your defence, your lawyer will first sit him down and establish what he or she should and shouldnt say in court, questions and answer will be vetted and then you parcel up the person to court. In this case, you subpoena the person, who doesnt appear willing to testify in your defence and you think he will help you build your case?

But then again, the real question is, "Will President Buhari give permission for Jonathan to appear in court and discuss freely as he ought to?". Especially when it could set a precedence where someone too may subpoena him to court after he leaves office. Of which, many things exist in our time that can warrant a subpoena for him to come and explain, especially if the Presidency falls into the opposition hands or the hands of someone who falls out with him later on.........

mapet:
I like your analysis. Is Metuh trying to put GEJ on the spot? Is he trying to easily do what a PMB govt would have had the headache on how to go about it?

If Jonathan says no he didn't, then Metuh is finally toast

If Jonathan says yes he did, then GEJ wilfully opened himself to a long road of investigations and litigations

All he has to say is, "I do not remember". If they ask too far, I do not have that information. That information is domiciled with the Presidency, please forward your enquiries there."

It will even be much more easy to deny such if they order was given orally and wasnt documented. Think about it, Metuh didnt say the minister of Finance was ordered to pay him, he said ONSA. Most likely that order wasnt document and was issued verbally.

Metuh is simply acting out a script. No sound lawyer will ask for a man like a former president to be subpoenaed to court.

Its probably a scratch my back, I scratch yours scenario. Ask for Jonathan to be subpoenaed and I will ask the prosecution to go easy on you.

At least, "Jonathan testifies in corruption case", or as bloggers will put it, "Jonathan in Court over Dasuki Money", is a healthy distraction from Maina, the flaws of Crocodile smile, python dance and the $25billion dollars NNPC scandal........

seunmsg:
Stop trying to be clever by half. Metuh is the defendant in this case and his counsel specifically requested that Jonathan should be subpoenaed. If Jonathan's testimony will clear Metuh, then I think he has the right to make the request except you want to deny him the right to fair hearing.

If you want someone to help you, you seek their permission. It is generally unwise to force someone to help you. That's my first point.

For you to subpoena someone to come to court as a defence witness (not a prosecution witness Ooooooh), it means the person is unwilling to help. That's Commonsense, else just ask for help and the witness will do it.

Secondly! The problem was that you have to be the President to order ONSA, asking Dr Jonathan to come to court to testify concerning activities or decisions he made as President is a big deal - worldwide baby - he can only do so, ordinarily if he has permission from Presidency, especially if the decision involves communications between his office and ONSA directly (9 out of 10 communications between ONSA and Presidency is classified).

If you force Jonathan to come to court, he will simply come and deny recollection of anything because he was President when it happened now he is a civilian. Plus all documents relating to Mr President rest with the new President and the office of the Presidency.

Now, in your infinite wisdom, how does that help Metuh in anyway to get cleared, since you want me to be clever by full and not half?

seunmsg:
You mean he should refuse to obey a valid court order? What's wrong in testifying to clear Metuh, a former publicity secretary of his party? Is Jonathan bigger than the law and our court? Sigh! The way we preach and support impunity due to partisan support is appalling.

The decisions he made, he allegedly made them as President of our republic. The right quarters to send that letter is the Office of the Presidency and not His personal residence.

If Jonathan must go to court to discuss matters/decisions he made in his official capacity - especially if government documents are involved - he needs to take permission from the Presidency or he risks a 20yr jail term.

All documents relating to the Presidency will be under Buhari's charge, so the best quarter to confirm anything relating to the decisions/actions of the President is the Office of the Presidency and not Jonathan himself.

seunmsg:
You mean he should refuse to obey a valid court order? What's wrong in testifying to clear Metuh, a former publicity secretary of his party? Is Jonathan bigger than the law and our court? Sigh! The way we preach and support impunity due to partisan support is appalling.

This is why it is wrong. Metuh wants him to come and confirm in court that he ordered ONSA to give him #400million. Wisdom demands that you seek the consent of someone to testify on your behalf before even listing him/her as a witness.

To subpoena him, is to force him to testify against his own will or permission which will work badly for you. You are asking him to come and testify with the hope that he will corroborate your story and in the process exonerate you, to force such a person to do so, may back fire.

It is even much worse to do so, because you are asking him to testify about activities he undertook as president of the country and not in his private capacity.

As a former President and a staff of Presidency - note President Jonathan remains a staff of the Presidency as an ex-president - he needs to take leave/permission from the Presidency before he can go to court to testify especially if he has to present documents he signed as president.

Failure to do so, is to risk a 20yr jail sentence. He is no longer President and whatever documents he needs to butress a point in court rest in the Office of the Presidency.

Highest he will go to court and say he doesnt recall. Very convenient, especially if he gave the order without a supporting document.......

saintjoel:
There's 2009 hyundai ELANTRA for N2.5m

What will it cost to clear a 03/04 Corolla Sport....

davidif:
Why don't you save money and buy the car instead of living in debt. Nigerians and there materialism sha.

What are you talking about?

If you call us materialistic, what will you call americans, latinos and europeans, even australians that practically live on debt for every cause............

My friend go and have seat.............

obonujoker:
Anytime I visit threads such as these, and I don't see the likes of Vedaxcool, passingshot, Omenkata, Modast., etc, defending baba, I get angry

Not even sarrki the parrot........

That is vulture michael for you.........

fratermathy:
Wetin concern IPOB concern Delta State? Do we look like Biafrans or IPOBians to you?

Leave am, Na so Maga brain dey operate. Kanu don do them strong thing, discharge.........

You are asking a PDP senator to draw APC Federal Presence to perform projects in delta state......

Is like some people just left their sense at home.......

DeKen:
Everyone is denying.
I guess I'm the one that reinstated him.

Actually it is both of us that reinstated him.

If no be say we too get level, Nairaland Mods for done ban us........

OZAOEKPE:
This one pass sarrki to defend

Wrong!

Sarrki is not paid by BMC to defend Buhari, he is paid to hail Buhari when E give Order.........

Whether the order is possible or impossible............

"We go dey hail", na E be the meaning of Sarrki appointment.....

babslepe:
You should have put his family compound name too, Benin and Esan are they not in the same state? for some reasons known to you only you just like confusion, too much segregation change man we want one Nigeria Esan and Benin which is more popular ? When you meet a foreigner and ask him or her where are you from? you get answers like I am an American, German, Canadian but ask a Naija man the replies you get will be I be igbo man, I am from ogun state too much segregation. It is only in Nigeria this kind of conversation can happen at an accident scene for example
Passer by 1: how many people died in this accident?
Passer by2: na 5 people die ooo and one mallam
So mallam or aboki no be human being stop it we are one Benin or Esan ,awori or egun, urhrobo or ijaw.We are all Nigerians. This is the same poo that has caused serious genocides and civil war in countries like Rwanda ,Somalia segregation by tribe it starts like a harmless conversation and description with time it becomes a time bomb not only in Nigeria all over Africa this segregation by tribe and Geo political region or zone is killing us

As I talk say na Esan no be Benin, go use your head and switch on transformer. I didnt say he wasnt a Nigerian, I simply wanted to correct OP statement "that a Nigerian man believed to be Benin". Na you dey use your shallow minded excuse for a brain dey reason another thing....

I know the fella personally, he is not benin.

Plus the same americans when asked, where are you from still answer with, am an american citizen, from Newyork, or from the Country.

Sit down for one corner dey assume wetin dey happen around the globe. Or better yet, just do your own "one corner"dance, ode oshi......

dayleke:
Sebi na Edo pikin.;,,,, Dem get magic for hand joor...
It is well....
Make dem grant am automatic stay na.....

Them don already issue am resident permit already. It all over the news in rome......

Angelanest:
A Nigerian man who is said to come from Benin in Edo state has been specially recognized and rewarded by the Italian government for his bravery after thwarting a robbery attack in Italy. In a video footage posted online, the Nigerian man was seen fighting a weapon-wielding robber who invaded a supermarket along with his gang for an operation....

According to reports, the man who said to be an immigrant - was granted with a residence permit to stay in the country. Congratulations to him.

Source; https://www.nationalhelm.co/2017/10/nigerian-man-rewarded-in-italy-after-stopping-robbery.html

Watch Video

https://www.youtube.com/watch?v=XAoc4FP109U

Bia Op! That Nigger is John Ogah and his is from Eguare in Ewohimi and not Benin!

Esan Boys no dey carry last for hia, you feeling me?......

How did this tatafo know that it was offering money that bought the jet or that it was even church members that bought it.

Wasnt it the same scriptures thats say Jesus rode into Jerusalem on an ass driven by on man?

Rubbish.....

activistjohnny:
it is when the Edo state security operatives arrest the residents and charged them to the court of jurisprudence, they will never learn.

Who dey live for post office side? Abi na Oba of Benin dem wan arrest........

dotcomnamename:
[s][/s]

Wrong Headline. Femi Falana was refering to what someone else said. Femi Falana did not said that by himself.

He called it a beautiful reply, meaning he agrees with and endorses that statement completely

koolaid87:
Whenever ppl yarn things about pastors, ppl get paranoid.

They turned every normal stuffs into miracle. No job? Come to church and pray. How about let's have a match and protest.

Mlk was a pastor, he led a protest which yielded positive result. Also, minister Farrakhan of the Nation of Islam, led a million men march.

What are our own men of God doing apart from preaching tithe, offering, and sowing seeds.

The suffering in the land didn't even move them into doing something. Everything is ask God. Sorry ooo!

We carry religion for head yet darkness everywhere.

I'm waiting for weaklings to bash me. It's not my fault that you're scared of the truth.

Salam

So Dr Tunde Bakare and Kukah that have led protests in this country are boys of God ba?

My friend go and have seat........

calddon:
Am talking about Lagos traffic....the type seen during rush hour in areas like isolo ejigbo road, island to mainland bridges, etc..how will fire service get through?

Na E be day, you no know wetin dem dey call LRU for lagos..........

Let me guess!

His ministers being in a cheerful is another achievement of this great administration!

Rubbish.......

thesicilian:
Not just his English, the guy is intellectually sound, and similar to what he told Pastor Paul Adefarasin, I do not always agree with him (Freeze), but he makes a lot of sense most of the time.

1 Corinthians: 2. 14. But the natural man receiveth not the things of the Spirit of God: for they are foolishness unto him: neither can he know them, because they are spiritually discerned. - Bible Offline

Hebrews: 3. 10. Wherefore I was grieved with that generation, and said, They do alway err in their heart; and they have not known my ways. - Bible Offline

Isaiah: 55. 8. For my thoughts are not your thoughts, neither are your ways my ways, saith the LORD. 9. For as the heavens are higher than the earth, so are my ways higher than your ways, and my thoughts than your thoughts. - Bible Offline

Proverbs: 23. 26. My son, give me thine heart, and let thine eyes observe my ways. - Bible Offline



Not everything that makes sense is accepted by Heaven.............Let alone in the Earth

Hmmmmm.....


Sure say that guy come back with complete 2 kidney.........

Na hungry man na E do this car like this.........

praxisnetworks:
450k flat.

Sorry please, is it 2 bedroom or 3 bedroom flat........

Because that kind money is turning my eyes like this.......

saxy4c:
Haba sir, slightly used?

Yes naaah! Thats what OP said, abi is eyes slightly paining you?

PDP will be foolish to zone Presidency ticket to the north after this.......

Clerverly:
Hatred and an attempt to impress your ipob yoots audience, will not even allow you, to question, the source of the MOney..a senator and not a governor! Beside, Why did you drop your former handle?

Shebi they said Nigerian senators are the highest earners in the world or they are not again?

All these BMC people sef................

The man made campaign promise to provide scholarship of #250mill, he has fulfilled it, una still dey wait for #5k for Buhari whey E don promise Una since 19kokoro, make una face Buhari, Una don carry una bad belle come face our dancing Yhampion!!

The man gave scholarship to people from his state you dey complain, abi is this thing electoral loss painment syndrome (ELPS)?

Make Jelosi no just kill una by mistake you hia......................

zizzo:
For those of u that it's not 07 model I have prove you guys wrong now

A commendable effort at proving your point but you and I are aware that seat belts aren't bullet proof. Anyone can easily fix a seat belt meant for an 07 on an 03. We see this all the time with toyotas.

Try pasting the VIN of the car make boys finally kill the matter..............................

kobijacobs:
since this saga started, u want to tell me Buhari has suddenly gone dumb?

My friend! Hang it there........

He hasnt gone dumb, he is simply observing table manners.......

After all, it is not good to talk while eating.......,

months:
Nna, am I the only person not surprise here.


Two Igbo boyz in Davido circle dies and he only showed genuine sadness for the Yoruba one called DJ Olu.


In fact all the yorubas that were friends with them only showed concern for DJ Olu.


Wat about Chime and Tagbo, are dey not Human or their friends?


Wen, we tell our Igbo people that their dull leadership have turned them to sacrificial lamb they think it is a small statement.


If Nnamdi Kanu wake dem up abit from their sleep, Afonja and Aboki will use blackmail, threats of genocide, military and every means under the sun to try and force dem back to sleep or kill dem all.


Ndiigbo wake up and smell the coffee, stop sleeping.

Na waoooh! Is Tagbo an Igbo person?