Unfortunately, EFCC guys are thesemlves sometimes accomplices. They want to chas out from streets guy.

Yes, we need to fight fraud, but government and her officials should show good example

Now that the high and mighty are testing positive, can this government now take healthcare system serious. Lagos is raising alarm of inadequacy. It is time cizens strictly complied with directive

If only Buhari had done this before we ever recorded a case of coronavirus, Nigeria may by now be coronavirus free. But Buhari was not proactive on this.

In any cae, I pray God see us through this difficult time. Please let us strictly adhere to social distance and matain personal hygiene.

Court order has become so cheap to obtain in this part of the world. I thought the new 2019 Federal High Court rules that require filling of affidavit of non multiplicity/duplicity of suit will cure this abnormalities. But it seems the order is not working.

I agree with the Suprme Court, there must be an end to litigation.
Besides, Supreme Court is not saying it is infallible; rather it says it is infallible because it is final. So we must all respect its finallity because there must be an end to litigation. Only God is infallible.

From the very beginning, I knew something went wrong. No sane justice of the supreme court will accede to political pressure to upturn an electoral victory of an opposition party in zone such as South East; bearing in mind of the many recent events in the zone.

But the perception that judiciary as presently constituted is Buhari's puppet makes some Nigerians, especially PDPs, think Tanko-led Judiciary has compromised.

I hope judiciary will someday gets adequate facilities needed to aid quick dispensation of justice. The workload of cases nearly in all court in this country is too much, and the environment is not condusive either.

This is what NBA should help bring to fore for urgent attention if indeed it cares that much about justice. But the NBA that cares so much about SAN's pocket will not mind about the well-being and welfare of its members. Naija my country!

We look forward to an inspiring and educative lecture from the speakers. As for Debola, I have no doubt he would deliver excellently well to make Nigerian youth proud. At least, I have attended his lecture once in Abuja and watched several others online.

Whatever it is, we are watching.

It is their right under international law. They can seek it to high heaven.

If only this type of protest is a sincere and genue one any patriotic Nigerian desire, we would probably have by now held our leader accountable.

If only this type of protest is a sincere and genue one any patriotic Nigerian desire, will would probably have by now held our leader accountable.

A summation of a true and typical Nigerian politics. However embarrased anyone may feel for lack of decency in our polity, the piece is nevertheless a true reflection of our collective identity.

Good post though and I really appreciate it. Many thanks for that. But I have an observation.

While I acknowledge that dictionary meaning of every word does not and can't satisfy all areas of discipline. But I must be quick point to point out that brilliancy as most Nigerians understand it is actually not what it means. If you doubt me, please look it up your self; brilliancy and intelligence. You will have me thank at the end.

*NaijaLegalAnalyst*

See some of the injured persons and the three promising youths who lost their lives to the attack.

The Chairman of the Kwara State Traditional Council, Alhaji Ibrahim Sulu-Gambari, has disowned the Oba of Jebba, Alhaji AbdulKadir Alabi Adebara.

Sulu-Gambari, who is the Emir of Ilorin, in a statement by the National Secretary of Shehu Alimi Foundation for Peace and Development, Mallam Abdulazeez Arowona, also said Adebara was impersonating, saying he was claiming to be the Oba of Jebba.

He also stated that the claim that Jebba was not in Ilorin Emirate was untrue.



Reacting to the question of whether Jebba was in the Ilorin Emirate or not, the Emir said this could be confirmed through his lieutenants in persons of the District Head of Lanwa, Alhaji Sa’adu Gambari; the District Head of Ejidongari, Alhaji Issa Oloruntogun; and the District Head of Ipaiye, Alhaji Isiaka Yusuf, all in Moro Local Government Area of Kwara State.

The Jebba community had, in a media briefing, said Sulu-Gambari had refused to come to terms with the reality that Adebara is a third-class graded traditional ruler in Jebba.

The speech, which was read by the Gbobaniyi of Jebba, Chief Jaiyeola Omotosho, was signed by Asoju-Oba of Jebba, Chief Yakubu Ayodele, and Otun-Oba of Jebba, Chief Emmanuel Tytler.

Omotosho said the court had affirmed Adebara as the Oba of Jebba.

He said, “Earler in 1989, in Suit No. KWS/231/89, Saka Adeyemi & 2 Ors Vs Alhaji Laaro Isale Oja & 2 Ors, Justice J.A. Ibiwoye had held that Moro LG was not part of Ilorin Emirate. But the Emir won’t just let go and he has been succeeding, because the political leadership in Kwara State has been aiding and abetting him.

“The bottom line has been the refusal of the Emir of Ilorin to come to terms with the reality of a third-class graded traditional ruler in Jebba, which he considers an aberration in a contraption called Emirate system, even though it has been judicially pronounced that Moro is not under him.”

Omotosho also accused the Deputy Speaker of the Kwara State House of Assembly, Mr. Matthew Okedare, of attempting to assassinate Adebara.

He alleged that the deputy speaker recruited and sponsored hoodlums that attacked the Oba after the Eid-el-Fitri prayers on Wednesday, July 6.

According to him, three people died while 12 people received varying degrees of injuries during the attack.

He stated that preliminary investigation revealed that the attackers were allegedly recruited by members of Okedare family, including the Deputy Speaker, Kwara State House of Assembly, Mr. Mathew Okedare; the Clerk, Kwara State House of Assembly, Mr. Simon Okedare; and Principal, Government Secondary School, Jebba, Mr. Kayode Okedare.

But the deputy speaker denied all the allegations against him and his siblings, saying they were politically motivated. He also absolved the Clerk of the state House of Assembly, Simon, of any culpability in the so-called attack.

Source:http://punchng.com/controversy-ilorin-emir-disowns-jebba-monarch/

I'm aware civil and criminal case can be pressed simultaneously against anyone found culpable. But what I'm yet to fathom is why Justice Kolawole ruled that he could have struck out the case suppose the charge is before him.

This being the case, I would not be surprised If the case is eventually struck out as I know Saraki will challenge the competence of the charge and the jurisdiction of the court on the next adjourned date.

On Invitation of AG by the Senate:

I have express legal view some days ago that Nigerian
Senate lacks Constitutional power to summon just anyone without he or she being investigated or supervised. I insist that It must be recognized that the legislative power to investigate is not absolute as it has some legal impediment. This was made known by the Court of Appeal, in Tony Momoh v. Senate of National Assembly (1982) NCLR105. In that case, it was made abundantly clear that section 82(2) of the 1979 Constitution (akin to section 88(2) of the 1999 Constitution) is not designed to enable the legislature usurp the general investigative function of the executive nor the adjudicative function of the judiciary. The court further held that any invitation by the legislature to any person outside the purpose defined in section 82(2) that is now 88(2) of the 1999 Constitution is invalid.


NaijaLegalAnalyst*

Who is wasting the Tribunal's time?

Anyway, while I agree with the defence team that they are entitled to defend their client case with as many lawyers as they want, I however disagree with the argument that all the defence lawyers or nearly all are entitled to cross examin a witness. I know no law that allows that. Though It's the law that supporting /co counsels are not cosmetics. But where they are all led by a lead counsel, whatever he says is deemd to have been said by all the co counsels. In any event, If other co counsels will be allowed to also cross examin a witness, I'm of the opinion that the number should be minimal. Otherwise, If the defence team argument should hold water, I wonder who would be wasting the Tribunal's time?


*NaijaLegalAnalyst*

Given the widely reported admission of the Kwara State govt that Saraki received pention and not sallary, as well as the provision of section 8 of the Code of Conduct Bureau and Tribunal Act which prohibits dual emolument for public officers, Saraki may find it very difficult If not impossible to escape these new charges.

I'm sorry to say that by this very charges and the overwhelming evidence before the court, It is only a matter of time, If the trial continues, conviction already awaits Dr. Bukola Saraki.

*NaijaLegalAnalyst*

Okay we are watching.

*NaijaLegalAnalyst*

Agreed with you, the case may appear to be politically motivated. Unfortunately, witch hunt is not a defence in our jurisprudence and probably elswhere. But Mr. Omisore it is disappointing that you never disputed the allegations as being false, frivolous or unfunded. What more do I say to reveal that you and your boss now sound like a helpless abandoned child. What a pity!

What you are only seeking for is for court to follow its errones decision. Why didn't you argue that your case be allowed to continue. And then ask us to join hands with you to call for reopening of Atiku's and Tinubu' case.

*NaijaLegalAnalyst*

We shall see how it will end. What I suport is Saraki must submit himself for trial to prove his innonce or get convicted If found culpable. This is the only way to make our leaders accountable.
Rule Of Law must prevail.
*NaijaLegalAnalyst*

#OccupyNass is already ongoing.

Whether it is politically motivated or not, Nigerians must demand for accountability. Enough of this madness of following Saraki to CCT while abadoning legislative duties.

*NaijaLegalAnalyst*

A candid advise was made to Saraki some days ago thus: " I want you to know that no matter what you do henceforth, the case against you will go on. The earlier you resign yourself to fate the better"

And Saraki in his response said: "My dear brother Dele, let me thank you most sincerely for your article last weekend, “My Candid Letter to Saraki.” I take everything you said".

Please who is fooling who?

Nevertheless, we shall see how court of Appeal will either depart, overrule or follow Supreme Court decision of February 5, 2016.

But let me say this; Saraki If truly you are innocent, face your trial. You will get justice at the end. But even If CCT convict you for political reasons, Supreme Court or Court of Appeal will eventually set you free.

*NaijaLegalAnalyst*

A candid advise was made to Saraki some days ago thus: " I want you to know that no matter what you do henceforth, the case against you will go on. The earlier you resign yourself to fate the better"

And Saraki in his response said: "My dear brother Dele, let me thank you most sincerely for your article last weekend, “My Candid Letter to Saraki.” I take everything you said".

Please who is fooling who?

Nevertheless, we shall see how court of Appeal will either depart, overrule or follow Supreme Court decision of February 5, 2016.

But let me say this; Saraki If truly you are innocent, face your trial. You will get justice at the end. But even If CCT convict you for political reasons, Supreme Court or Court of Appeal will eventually set you free.

*NaijaLegalAnalyst*

FullDepth1:




THIS IS THE PART WE NEED YOU TO ANALYZE:-

For example, Section 3(d) of the Code of Conduct Bureau and Tribunal Act states that the Bureau shall refer any breach or non-compliance to the Tribunal. However, where the person concerned makes a written admission of the breach, no reference to the Tribunal shall be necessary. It was on this basis that the case against Asiwaju Bola Tinubu was dismissed in 2011, by this same judge in this same Tribunal on the grounds that he was not given an opportunity to deny or admit to any breach before he was brought before the tribunal. This was the ruling that I relied on in making my case. But what did the judge say? That he had judged in error in 2011 and he had since realized his error and departed from it. My question is whether a Tribunal of first instance has the power to reverse itself. I should expect that everyone would be worried if justice is applied differently to different people.

Asap!

Many thanks for your request. Ask any lawyer you know whether a High Court or similar court of first instance is bound by its previous decision or not. The answer is simple. Court of first instance can depart from its earlier decision.

On Tinubu's Case:

It is true the court erred in law to have freed him. Many thanks to Danladi for departing from his previous erroneous judgment. Otherwise bad precedent would have been set had he not departed from it. What you and I should now be expecting is for the prosecution to refile the matter again. But obviously this does not concern the CCT chairman. Though you might want to blame him for the error. But for me he was misled in 2011and that is all.

On Section 3(d) Of CCB&T Act:


The Rule Of Inconsistency in law is to the effect that when a provision of an Act or Law is inconsistent with any provision of the Constitution such provision ( like
Section 3(d) of the Code of Conduct Bureau and Tribunal Act) shall to the extent of its inconsistency be null and void.

Now for the avoidance of doubt, please the read for yourself. The provision of section 3(1) (e) of Part I of the Third Schedule of the 1999 Constitution.

3.(1) The Bureau shall have power to:
(e) receive complaints about non-compliance with
or breach of the provisions of the Code of
Conduct or any law in relation thereto, investigate
the complaint and, where appropriate, refer such
matters to the Code of Conduct Tribunal.

Now, I ask you; should the court follow its earlier decision given that written admission of the defendant is no longer a requirement in our law for CCB to recommend someone for trial @ CCT?

*NaijaLegalAnalyst*

Saraki, yes you are right. You have the right to pursue and realise your ambition, but only within the confines of political fair play. But let me quickly point out to you that only a fool (Like Dino) will believe your narration that you never struck a deal with PDP.

On Running From Pillar To Post:

If truly your sojourn up to Supreme Court was in search of justice, Saraki how would you explain your many other obvious attempts to stall your trial after the Apex court has okayed your trial? Oh lest I forget, maybe justice in your own right only means when judgement is given in your favour.

*NaijaLegalAnalyst*

In March 2015, we voted for Change, but it's now obvious we are not ready for it. Why? Because many Nigerians now prefer old PDP style of government because of obvious fuel scarcity; epileptic power supply; and failure of President Muhammadu Bahari to fulfil some of his campaign promises almost a year after the election. I’m not an adherent of these complaints for I know it will soon disappear.

But let me say this: I’m not an ardent fan of Buhari and I will never be. I stand with Buhari only when his policies are aimed at improving Nigerians’ welfare and will continue to criticize him when his policies are not. But on the fight against corruption, I do not only stand with Buhari, but also support his strategy. But something worries me. Agents of doom are at it again

They are Nigerians and many of them will tell you they desire change but act otherwise. Please don’t listen to them, they are agents of doom and are only desirous of change where their kinsmen alone will be spared of war against corruption. This is their old idea of PDP when nepotism, tribalism, favoritism, ethnicity and religion sentiment pervaded all sphere of our national ideology. These fake agents of change still have PDP ideology of nepotism in them.

It will shock you to know that you are also one of them. You are one of them If you embrace and subscribe to the ideal of nepotism and favoritism in the fight against corruption. Nepotism is when you believe Olisa Metuh's trial is targeted at taming opposition in Nigeria. Nepotism is when you think Dasuki should be released because is a Fulani man. Nepotism is when you desire Saraki’s trial be stalled on account of political reason. Nepotism is when you conclude that Kanu’s trial is a form of Buhari’s vengeance against the Igbo. You are an agent of doom If you fall into any of the above categories. Believe me, you are also a wailer.

Hmmm, did I just say all this? Yes, I meant all I said. But my dear reader, don't be surprised as you will soon see many agents of doom will start to lampoon me now for writing this piece. But I care less. As a common man, what I expect we should do is to support PMB’s anti-corruption crusade and call for the reopening of all old corruption cases. Including cases against Tinubu, Obasanjo, Atiku and others.

Above all, many of us wanted a serious government that will fight corruption to a standstill and provide dividends of democracy to all. Thank God Buhari is fighting corruption already, but we must also fight these agents of doom for PMB to succeed. For this reason, support PMB’s anti-corruption crusade when he said "I pledge myself and the government to the rule of law, in which none shall be so above the law that they are not subject to its dictates, and none shall be so below it that they are not availed of its protection".



*NaijaLegalAnalyst*

Yes, federal government should by now do the needful of investigating the Panama Papers allegation. And If anyone is found culpable, he should be made to face the full wrath of the law. Ideally, this is a simple and typical step a serious government will take in a situation like this.

*NaijaLegalAnalyst*

It is no longer news that the long awaited false assets declaration case of Senate President Bukola Saraki has finally commenced. It will interest you to know that by the provisions of Administration of Criminal Justice Act, Saraki will either get convicted or acquitted in less than 140 days from now on, but only If the trial goes on as expected. You know Saraki is not predictable when it comes to filling of APPLICATION.

To prove when Saraki will be convicted or acquitted, please read section 396 of the ACJ Act bellow and see for yourself.


396. (1) The defendant to be tried on an information or charge shall be arraigned in accordance with the provisions of this Act relating to the taking of pleas and the procedure on it.
.
(2) After the plea of the defendant to the information or a charge has been read, it shall no longer be open to that defendant to raise any objection to the validity of the charge or information.

(3) Upon arraignment the trial of the defendant shall proceed from day-to-day until the conclusion of the trial.

(4) Where day-to-day trial is impracticable after arraignment, no party shall be entitled to more than five adjournments from arraignment to final judgment: provided always that the interval between each adjournment shall not exceed fourteen days.

(5) Where it is impracticable to conclude a criminal proceeding after the parties have exhausted their five adjournments each, the interval between one adjournment to another shall not exceed seven days inclusive of weekends

(6) In all circumstances, the court may award reasonable costs in order to discourage frivolous adjournments.

(7) Notwithstanding the provision of any other law to the contrary, a Judge of the High Court who has been elevated to the Court of Appeal shall have dispensation to continue to sit as a High Court Judge only for the purpose of concluding any part-heard criminal matter pending before him at the time of his elevation and shall conclude the same within a reasonable time. Provided that this subsection shall not prevent him from assuming duty as a Justice of Court of Appeal.

*NaijaLegalAnalyst*

adaweezy:

A lower court such as the CCT cannot sit whilst a senior court such as the appeal court is sitting on an interlocutory appeal.
Irrespective of what the ACJA says, it will be termed judicial rascality and disrespectful to a higher court.

I have the following questions to ask:
Does filling Notice of Appeal alone automatically stays the lower court proceeding?
Does filing application seeking a favour in court automatically gets you the favour before the application is heard in court?

You can revisit my comment after your answer

*NaijaLegalAnalyst*

K. We are watching.
But I must be quick to point out that Notice of Appeal does not operate as stay of proceeding. So until Court of Appeal gives order to stay the CCT trial, Saraki's trial schedule to commence at the Code of Conduct Tribunal today can still hold notwithstanding Saraki's fresh application. Before any application filed in law court takes effect in law, It must first be heard and pronounced on by the court. This is the position of law.

*NaijaLegalAnalyst*