Legallysly's Posts
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10 months and 22 days until the Presidential Election. Now, the real games begin. |
gidgiddy:Justification, Fair Comment, Privilege (Absolute or Qualified) and 'True Statement' are all defences to an action for Libel. I expect Reno to get himself a good lawyer who will waltz through this case. Apart from relying on Justification and Fair Comment as defences, I also expect Reno to counterclaim. A man standing trial for Treasonable Felony and who was caught on tape, ordering his people to unleash mayhem on a state of the Federation, has no reputation to protect in the first place. |
Sp33i:What other documentation do you require, apart from the judgement and enrolled order(s) of court? Did Peter Obi's 'brother' seek leave to appeal against the judgement as an interested party? Or better still, did he apply to the trial court to set aside the judgement on grounds of fraud, misrepresentation, lack of fair hearing, concealment, etc? If none of the above scenarios have occurred, then no Jupiter can stop the execution of the judgement and resultant order(s). |
Emeskhalifa:Agreed. There's even a part in the video where the OYRTMA officers opened the door to the Driver's side. They can't say they did not see the kids inside. |
Mrexcell:I saw this in the 80s and it is one of the scariest shows I have ever seen. In fact, the first time I saw the Undertaker in the early 90s, he scared me because he reminded me of Willy Willy. |
Riddles and Hopes was a popular one on B.C.O.S Ibadan between 1991 and 1994... It had characters like Nasir and Mr. Shanana. |
panpan:A lawyer, who has been elevated to the Bench, can never return to the Bar. |
Esthered:He is one of the most brilliant Judges in Nigeria. There is always something new to learn from his rulings/judgements. However, the NJC is privy to facts that we do not know about. This is a really sad one whichever way you look at it. |
owobokiri:In Criminal law, one is not guilty of an offence unless and until both the mental and physical elements are established. This principle is well expressed in the latin maxim, 'actus non facit reum nisi mensit rea'. He never faced a trial before a jury in any US court so the question of his guilt does not even arise. It is often said that it is better for 99 guilty individuals to bet set free than for one innocent person to go to jail. Criminal allegations are taken very seriously and there will be no conviction unless they are proven beyond reasonable doubt. To do that, in a case of drug possession with/without intent to sell/distribute, you must not only show that the criminal act was carried out, but that the person who is alleged to have carried it out, intended the natural consequences of the act. I have taken time to explain this so that we can appreciate the intricate process that leads to a conviction. In Tinubu's case, the process adopted was an 'assets forfeiture' because some of the money in his account was suspected to have emanated from suspicious sources, likely narcotics. He claimed the money was not his but for his friends and same was forfeited. There was no formal trial with a jury and a judge where the prosecution would have been expected to prove, BEYOND REASONABLE DOUBT, that he was a drug dealer or drug lord (as our Obidient friends like to say) and as such, it is wishful thinking to expect anything damaging from the so called reports (portions of which will be redacted anyway). To establish that a crime has been commited, anywhere in the world, hard facts are needed and not fickle emotions. Some have also wondered why Tinubu hired lawyers to oppose the release of the records. Was he supposed to make it easy for them? People need to understand the personality of Tinubu. He is a very patient man and an expert at playing the long game. He watches as his opponents eventually tire themselves out from repeatedly running up slippery hills while he silently carries out his reforms and prepares for 2027. It is unlikely if the records will reveal anything new. However, the anticipation of their release has kept the opposition pitifully hopeful and distracted as usual. |
Shehu Shagari |
onillargy:When a matter is pending before a court of law, it becomes subjudice and parties and lawyers should therefore not seek to influence public opinion while the judge sieves out facts from fiction. |
bizzle2:First of all, the illegality or otherwise of the raid is yet to be established. I will suggest that you wait until this is done before jumping to such a hasty conclusion. Be that as it may, any evidence recovered during the raid is admissible (as long as it passes the tests of admissibility). Are you suggesting that if illegal weapons (or a laptop laden with damning evidence of fraud) are recovered during an illegal raid, the court will return the weapons to the subject of the raid simply because of procedural irregularities? Certainly not! The only major ground upon which the procedure will be faulted (possibly by a higher court) is where there are inconsistencies between the evidence recovered and the evidence tendered ( such as where the proof of evidence suggests that 2kg of cocaine was recovered but only 500g is tendered or where it cannot be established that the incriminating items were recovered from him). And there is no need for insults. Resorting to insults so quickly may suggest that you are not equipped for the intellectual discussion you have thrown yourself into. The law does not concern itself with sentiments. It concerns itself with cold hard facts and the application of statutory provisions and precedents to the established facts. Where the prosecution successfully proves that he was into illegal activities (the allegation appears to be that he is a cyber criminal) , the onus is on him to debunk these allegations in the way and manner prescribed by the law. The question of whether or not the raid was illegal will not prevent his prosecution where it is shown that there were reasonable grounds to suspect him and that evidence was recovered during the raid to support same. In addition, if it can be shown that they had indeed requested entry before he fatally shot one operative and injured another, then the charge of culpable homicide punishable with death will be added (although manslaughter appears to be the more viable outcome since it may be difficult to prove that he intended to kill the operative who lost his life. He can also claim that he shot out of fear for his life or in self defence) |
rock003:Where and when was Tinubu convicted? Was he arraigned? Did he face a trial? Did he plead guilty in exchange for a quick trial and sentence? |
HenryWilliams:It is not in all cases that a warrant is needed to arrest a suspect. Where it is reasonably believed that the person is in the process of committing a crime (or has already committed one), the officers can very well move in and arrest. Quite naturally, if their information turns out to be untrue, the suspect shall, in turn, have the right to sue the EFCC for a number of violations (especially Fundamental Rights). On the whole, sting operations and 'busts' are not desirable in advanced climes but any useful and relevant evidence elicited during such raids is generally admissible once the 3 tests of admissibility are passed. All that the super lawyer you keep talking about can do is attack the 'weight' that the court may attach to the evidence. His self defence tactic will only avail him if he can prove that the actions of the EFCC operatives put him (it will help if he also had loved ones at home with him) and his family in a state of reasonable fear or apprehension of serious bodily harm or death. As for the gun, was it licensed to him personally? Is he authorised to even own a gun talkless of firing one? |
bizzle2:Why not get acquainted with the Nigerian Criminal Justice system first before unleashing emotional vituperations? Law accommodates no sentiments. He can be arrested if he is reasonably suspected of having committed an offence. In this case, the EFCC's story is that its intelligence reports suggested that illegalities were being committed in the building. Why not let us have ALL the facts before condemning the EFCC or the man now alleged to have committed murder? |
immortalcrown:It matters not whether the raid was unlawful. Whatever was recovered in that raid is admissible as evidence (once it passes the tests of admissibility). If they've found enough to charge him for cybercrimes, drug trafficking, etc, the mode of acquiring the evidence will not matter. As for the so called act of 'self-defence', the court will consider if the reaction was equal to or proportional to the act that precipitated it. Did they break down his door? Did they force themselves in? Or did he just fire at them after he had seen them on his CCTV? Unauthorised and illegal raids are undesirable but that does not make the evidence acquired during such activities irrelevant. Now that the NMA has come out to disown him, the plot thickens. |
Creamypie:Agreed. Big enough to threaten a full grown human and swallow a child. |
victorVIC1:As in... The men who risked their lives for June 12 and ensured that we returned to Democratic civilian rule between 1993 and 1998 when Martin Otise was either still in diapers or unable to tell his right from his left. This Gen Z people will never fail to amaze me. They have no idea what it was like to face the Military Juntas of those days. I saw Shagari's floundering Democracy, Buhari's brutal but hypocritical junta, Babangida's 'maradonic' merry go round of a government, Abacha's unapologetic and ruthless totalitarian government, Abubakar's 'let's hurry and leave this place' government, Obasanjo's Militocracy, Yar'Adua's good natured but ultimately ailing government, Goodluck Jonathan's 'How did I get here' government, Buhari's 'I am finally here' government and now, I see Tinubu's 'I have always wanted to be here' government. People whose only idea of government was shaped from 1999 do not know how lucky they are. It is why I fear they will soon ruin it with their rank impulsiveness. |
Minors cannot be sentenced to Death. This is a poor hatchet job by the VOA. Nigerian laws are the same as what you have in most countries across the world. |
This is the kind of bad PR the government does not need at this point. Whether the defendants are children or not, they should be treated as human beings and not cattle. Like most well meaning Nigerians, I consider it a tragedy of epic proportions that we appear to have created a system that makes a 13 year old uneducated orphan a potential killer or armed robber who is vulnerable to the whims and caprices of Nigerian politicians and troublemakers. It may indeed be true that the defendants who were arraigned yesterday were among those who nearly destroyed the North some months ago. It may also be true that among them are cold-blooded killers who are more likely to stab you than say good morning. However, nothing justifies the obviously deplorable living conditions to which they have been subjected by the Nigeria Police. It is a clear recipe for disaster and you can be sure that the opposition will make a mountain out of this mole-hill. I expect the images of the kids from yesterday's proceedings, who passed out (whether staged or not), to become a part of Nigeria's SM network well into 2027 and a heavy albatross for this Administration to bear. The Federal Ministry of Justice should (in furtherance of the AGF's order) apply to remove the minors from Police Custody, once the court is back in session for the case, and instead have them detained at Juvenile detention centres. The Nigeria Police are not exactly known for their empathy and I fear the prosecutors still see themselves as more of Policemen than Lawyers. On the whole, while the police might have concrete evidence to show that some of the minors committed the crimes (which would be almost 100% conformation that we have a potential breeding ground for international terrorist bodies in Northern Nigeria), they are still innocent until proven guilty and their malnourished appearances in court could just be the connecting rod that the desperate opposition politicians need to turn the tide against a complacent Administration. |
N3TRAL:You are very correct. I was once part of a team invited to dinner with the Turkish Ambassador and you wouldn't have known Turkey was predominantly Islamic simply from their dressing. The only sign was that no alcohol was served. We weren't complaining though. The ginger drinks made up for the missing alcohol. |
N3TRAL:I find it curious that this 'Almajiri' concept does not exist in countries that are far more 'Islamic' than Nigeria. I have been to the largely islamic Middle East and I cannot recall seeing anything remotely close to an Almajiri. Why then does the system endure in Nigeria and parts of sub-saharan Africa? Could they exist simply as a ready-made, illiterate, malnourished and brainwashed army with which Northern politicians unleash terror and secure votes as needed? |
Bullfallo:I remember when I used to buy the big eggs for N3.00 (per one) in the early 90s. |
KEVIND:I very much doubt if an internationally exposed hodophile like Reno will be half-arsed to bother himself with the insignificant vituperations of a near-illiterate like Very Dark Man. He has much bigger fish to fry. |
blackmantis:The individual called Very Dark Man represents a lot of things that are wrong with this country. Sparsely educated and irrepressibly garrulous, he appears to talk before engaging his brain while banking on his gullible followers to add their online noise to the ignorant gibberish that he emits from that mouth of his. When he said he was ready to go to jail, I laughed. Falana will squeeze out unimaginable damages from him in court as he has no defence for the blatant defamation. He needs to get an experienced lawyer to advise him before he opens his mouth from now on. While I admire his support for the downtrodden and his dogged crusades for the oppressed, his unjustifiable attack on Falana was nothing more than an attempt to add a big scalp to his collection. Obviously, it has backfired spectacularly. |
Gossipninja: |
Tellmeastory:I started reading Chinua Achebe's books in the late 80s/early 90s and consider him to be tremendously accompished in the African Prose Genre. His achievements are not in any way diminished and the Nigerian Government had, in the past, offered him National honours which he rejected. |
triplechoice:Oh please, stop trying to be clever by half. To remain competitive and retain their employees, the smaller organisations will have to increase salaries and allowances. You are obviously well read and that tells me that you already know what I am talking about. You know the ripple effect an astronomical increase in the minimum wage will have on the economy and yet, you still encourage it. An increase in minimum wage is inevitable, but it must be in tune with economic realities. Anyone proposing ridiculous figures like 500k, 300k, and even 150k is simply not pragmatic. |
Hybrid600:Either a Forest Cobra or a Tree Cobra. If it's a Spitting Cobra, it must be really old to have gotten that big. Whatever the case might be, this snake is a serious threat to the students as it will inevitably visit their hostels in search of mice, rats and lizards. Once that happens, all bets are off. |
Mindlog:There is obviously more to this story than we have been told. Based on the scant facts that we have, the lawyer will lose her license if she ever faces the LPDC. I doubt if any lawyer will be that reckless. |
Emman08:I initially did not believe we could have invasive species in Nigeria (I read somewhere that somone saw an Inland Taipan in Lagos and I just laughed) but after seeing the damage caused by Burmese Pythons in Florida within a couple of decades, I will not rule out invasive species here in Nigeria. Nigeria's climate is perfect for nearly all kinds of dangerous foreign animals. |
Onyiiobi7735:It is scary how some of the snakes you mentioned though highly venomous, are not even in the top 8; apart from the Sea Snakes (which rarely bite humans), Death Adder and possibly, the Tiger Snake. The Inland Taipan, Coastal Taipan, Eastern Brown, Red Bellied Black Snake, King Brown Snake (its venom is not particularly potent but it repeatedly pumps its victims full of venom leading to hypertoxicity) Russel's Viper, Saw Scaled Viper, Boomslang and the Mambas (especially the Eastern Green Mamba and the Black Mamba) are the deadliest snakes to humans. The King Cobra (not a true Cobra) does not possess venom that is as toxic as that produced by the deadliest snakes, but like the King Brown Snake, it compensates for this shortcoming by overloading its victim with enough venom to kill an elephant. Taipans, Mambas, Brown snakes and some cobras (especially the Phillipine Cobra and the Caspian Cobra) might be able to 'flatline' a human being in less than 1 hour. Even the Monitor lizards that we love to eat are mildly venomous and can cause low blood pressure and uncontrolled bleeding. Without guns or weapons, reptiles would have chased us off this planet. And for those living in Australia, venomous creatures are never far away... |
