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Lawstudent's Posts

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Foreign AffairsRe: A United State Governor Collapses While Addressing House Members by Lawstudent: 6:21am On Jan 24, 2017
If it were in naija, juju would be alleged.
RomanceRe: PHOTOS: Rich Zimbabwean Man Lists Requirements For Future Wife by Lawstudent: 6:21am On Jan 24, 2017
He want to buy one then.
PoliticsRe: Obiano Recommends Death Sentence For Fake Drug Peddlers, Says It's Evil by Lawstudent: 6:21am On Jan 24, 2017
Other crimes are moving in opposite direction
Music/RadioRe: Yemi Alade Claims She Looks More Beautiful Without Make-up by Lawstudent: 6:20am On Jan 24, 2017
Makes sense when natural
RomanceRe: See These Girls As They Dressed Half Naked Washing Their Car In A Free Car Wash by Lawstudent: 6:20am On Jan 24, 2017
This isn't nudity though
BusinessRe: Pls Advise On Which Bank Is Best For Online Banking by Lawstudent: 6:05pm On Aug 31, 2016
blcoolfemol:
In the financial sector, as at today, I can't speak for tomorrow. When it comes to online banking. Saying Diamond Bank the best is mere an understatement. Their mobile app is just out of this world. I have five accounts with them all linked together with just one phone. User friendly, enticing and captivating. You don't need any stupid token and you can transfer upto 5M daily. Judge them with other parameters I will never cough but for online banking, past and present, I give to them.
Chairman, please how were you able to open more than one account?
Car TalkRe: How To Obtain Nigerian Driver's Licence by Lawstudent: 5:10am On Aug 23, 2016
More info on this please.
CelebritiesRe: Ibu Shows Off His Lovely Wife by Lawstudent: 9:44am On Jul 30, 2016
please it's godsend not 'godsent'
Thanks.
lalasticlala mynd44
Christianity EtcRe: My Parents Are Treating Me Bad Because I'm An Atheist- Anonym0us by Lawstudent: 2:06pm On Jul 17, 2016
treat you 'badly' not bad.
lalasticlala mynd44
BusinessRe: I Have N500,000 Cash, What Profitable Business Can I Start? by Lawstudent: 3:08am On Jul 15, 2016
Godside:
You are right cuz during and after my service year u had to invest my money with Treasury bill cuz I was not sure of the business I want to do .
l later withdraw my money which I use to invest in Recharge card business. My brother there is money in recharge card , people will tell you no gain and they are making it . As for me , am not looking for any job o ,except the job will look for me cuz am enjoying the business . I started last year May and happy with want I have and that is still coming . People must load card now , its a must ........
How bro.
PoliticsRe: Will The ACJ Act 2015 Affect Buhari's Certificate Trial? by Lawstudent: 5:51am On Jun 17, 2016
harzhan:
Please aver your point as I couldn't lay hands on the interpretation act and criminal code, hence can't really connect the dots. The sections of the constitution however, only brings to the fore judicial powers and existing laws which only buttresses my point. Whether or not the rule has been abolished in England doesn't mean it's relevance here has waned or also abolished here (Bigamy----looking at you), but with latest news of a fresh motion in court on the case only makes me think whether it's civil or criminal is purely procedural at this point.
Hmmm. You sound so naive. Let me reiterate that it does not apply in Nigeria as has been held even in some cases.
I am equally bothered that you are still confused respecting whether it is civil or criminal. Isn't that knowledge elementary?
PoliticsRe: Will The ACJ Act 2015 Affect Buhari's Certificate Trial? by Lawstudent:
harzhan:
I would say this is a civil suit and the consequence of this is same with whether it's criminal - he leaves office. ACJ doesn't have anything to with this. Admittedly, this is a case that has civil and criminal elements and as of law the criminal elements should be decided upon first but the case was filed as a civil suit, the SC will not tell a counsel how to. Would love to hear your constructive criticism on this notion.
Hmmm.
Do you think that the rule in Smith v. Selwyn still applies? Methinks it no longer does. See s.5 Criminal Code, ss. 6(6)(b), 315, and 46 Constitution and s. 8 Interpretation Act.

ASIDE: The rule -- which has been abolished in England -- is to the effect that where an action gives rise to both criminal and civil wrong. The criminal part should be disposed of first and until then civil action cannot be commenced.


I
PoliticsRe: Will The ACJ Act 2015 Affect Buhari's Certificate Trial? by Lawstudent:
southpole:
For those who want to see this case go on, I am sorry to say that you will be disappointed, prosecuting BUHARI will be tantamount to going against the constitution which states that the president and governors cannot be prosecuted while in office. This case can only come up after BUHARI has finished his first term or second term if he contest and win again. The quest for certificate rather than know how is one of the problems pulling this country back, though a man know how to do it well but because there is no paper qualification to back it he should not be given the job, what an irony? How many of us take our cars to an automobile professor in the university for repairs? I saw many rushing to roadside mechanics because they can fix our cars yet we call them illiterate while a university graduate of automobile engineering is called educated even when he cannot fix his own car.
Please, this is not prosecution as it is not a criminal matter.

Refer to my immediate previous posts.
Your reservations regarding the case in view of immunity clause is, however, germane. The exception falls under matters instituted against them in official capacity. Could the present case be said to fall under that? It appears it doesn't given its nature especially as pre-election issue. To hold otherwise would mean that whoever rigs and gets into power would remain protected. Many governors have in the past been removed from offices through court actions.

But for time I would have researched further on it.


cc:


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stefan388
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bhol28
olujoba samuel
jossyj
harzhan
lydabobo

kcnwaigbo

youngest85

adehsenior

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PoliticsRe: Will The ACJ Act 2015 Affect Buhari's Certificate Trial? by Lawstudent:
MadamExcellency:
The case is not different from Saraki's case.

Non declaration, false declaration or whatever resemblance has been ruled by the court as a criminal case hence Buhari is facing a criminal charge of false declaration of academic qualifications.

The first Buhari lost his position as Speaker of HOR because of this same crime and we are anticipating that Gen Buhari will not only lose his position as President but also his Military pension and time of service.

What a tragedy.
Dear, it is different. Buhari is not facing a criminal trial. It is civil. The prayer of the plaintiff is that Buhari's certificate of return be withdrawn by INEC (that's if he was ineligible to contest in the first instance. and another issued to Jonathan who came second.


ASIDE: INEC cannot withdraw such certificate except upon review or rather authorisation by court.
PoliticsRe: Will The ACJ Act 2015 Affect Buhari's Certificate Trial? by Lawstudent:
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PoliticsRe: Will The ACJ Act 2015 Affect Buhari's Certificate Trial? by Lawstudent: 5:30pm On Jun 16, 2016
adehsenior:
OP you should have quoted the ACJ acts 2015 so that laymen like us will know what it says.
Please the Act does not apply because the it only governs criminal trials respecting offences established by the National Assembly and other offences punishable in the FCT.

Buhari's is a civil suit. We shall come to that shortly in subsequent posts.

However, the section the poster was referring to is:
Section 396(3), it states that upon arraignment, the trial of the defendant shall proceed from day-to-day until the conclusion of the trial.

cc
paulancebabay
dotcomnameneme
nellybii
toprealman
042austino
aisammy4
stefan388
jide032
bhol28
olujoba samuel
jossyj
harzhan
lydabobo

kcnwaigbo

youngest85

adehsenior

montaque
pointstores
madamexcellncy
qyid
mrmash
bukynkwuenu

modelmike7

general1970
izzou

beershorp
adekorya
PoliticsRe: Will The ACJ Act 2015 Affect Buhari's Certificate Trial? by Lawstudent: 5:29pm On Jun 16, 2016
adehsenior:
OP you should have quoted the ACJ acts 2015 so that laymen like us will know what it says.
Please the Act does not apply because the it only governs criminal trials respecting offences established by the National Assembly and other offences punishable in the FCT.

Buhari's is a civil suit. We shall come to that later. However, the section the poster was referring to is:
Section 396(3), it states that upon arraignment, the trial of the defendant shall proceed from day-to-day until the conclusion of the trial.

1 2 3 4 5 6 7 8 9 (of 9 pages)