₦airaland Forum

Lawyers know what is called delay tactics, especially when u r SAN. Remember how Orubebe's lawyer shouted at the CCT panel. Senior lawyers always have their way to delay trials and am learning fast from them

Like my experience in court today, I was asked to take day after I moved for adjournment and I chose one month time to reply to the Applicant's originating process because my diary was filled up and their is nothing the judge can do because contrary to that will amount to denial of right of audience and fair hearing.

billyG:
His lawyer shld b gvn 2 days 2 study & prepare his defence.

He will tell u that he has cases or his diary is filled up.

senatorbayor:
Thanks for your compliment

The case of the legality of the ICJA comming up does not invalidate the provisions as enshrine until the supreme courts gives verdict.

Quite frankly, I agree that accused have rights to have legal representations but should not used such rights as a clog in the wheel of justice to be dispense on his case.

What will be your position if same tactics of change of legal representation at the slight of commencement of trials is adopted again by Metuh.

We must help to kick against this adjournments that tends to delay trials and move for speedy trials .

It is better to stay on the side of caution that to rush because u want to prosecute or persecute someone.
Like I said, their are plethora of supreme court ratio on the right of the accused to be represented if he so wish, this is a criminal matter and the position of the law is sacrosanct.
Metuh is looking for way to be denied his right of fair hearing.
For your information, he has gotten 1 already. He challenged the Presiding judge on fair hearing, but the judge out of judicial reality refused to hand off.
In law, once the bias is alleged on the side of the judge, u hand of because it will amount to lack of fair hearing.
see section 36 (6) (c), 1999 constitution (as amended), see also SUPREME COURT on Audu v, FRN, Jang v.INEC, UNIUYO v. Nse, Oykhire v. The State, etcetera.
When u read these cases, u will see what Metuh's lawyer is plotting. He is wishing the denial of fair hearing on his counsel.

baslone:
Administration of Criminal Justice Act, 2015 Clause 396


(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 eachadjournment 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.

As far as I am concern, most provisions of this Act is illegal by reason of their contravention of section 36 of the constitution. The legality of the provisions of this act is coming up this week.
see below
http://www.vanguardngr.com/2016/04/court-hears-suit-against-new-criminal-law-april-13/,
http://www.punchng.com/breaking-tompolo-sues-fg-over-n45-9bn-fraud-charges.
read this two link and u will see my position of the law.
I am speaking from the Bar

senatorbayor:
I cant in anyway feel insulted or spite even in the face of provocations . we are here to learn and share information.

You will agree with me that same constitution equally frown at frequents adjournments of cases especially use of delay tactics to buy time from the defendants especially when it involves criminal trails.

Metuh had come up with the first delay tactics of accusing the judge of being his class mate, now he is coming up with time for his lawyers to get acquainted with the proceedings.

so if by tomorrow, The same lawyers come up with some flimsy excuses of not going further with the case, he will plead for more time again foe the new lawyers and by so doing, the matter before the court is dragged for years.

Cant he borrow a leaf from orubebe who requested for speedy trials and equally wanted his trial to commence earnestly .

what then is the stands of section 306 and even the position of ICJA as well

if they have a good case , the idea of dragging court cases should be avoided and they should enter for the trial .
I thought metuh has been advocating that he should be charged to court and he is ready to open his defense .

We are watching

I cherished yo answer, because it is matured in nature.
the constitution in no way bars the defendant from having time to defend himself, what the constitution envisaged was timely disposition of trial.
The ACJA u r referring to is subject to the entire chapter of the constitution.
The legality of that provision has been challenged and the case is coming up on the 13th of this month.
The constitution gives right of choice of counsel to an accused person and the accused have right to substitute counsel. When he is substituted, the counsel have right to be fully abreast of the brief n proceedings and familyilure to allow that right amount to denial of fair hearing.
Lawyers always look for the loopholes of the law to delay trial which is bad, but on this the lawyer to Metuh is right.

Op who told u that is Fayose? pls negedu. This is poppycock!!!

rajicks:
Nemesis of time will catchup u this ffk sooner than expected. He just opens up his mouth to pour his thoughts without proof or substantial evidences ...

this is poppycock mehn

Belexy95:
Wike should be ashamed of himself for his inability to pay civil servants february salary not to mention march. With the huge resources compared to other states.

which of the Rivers State? Is it the one in Katsina or d one sharing boundary with Akwa Ibom, Abia? If it the later, u better rush down to Yaba left because he has paid, my mum got alert ds early momo.
Please tell yo useless Amaechi to return the NIGERIA MARITIME UNIVERSITY to the Niger Delta, and ask yo mumu president to pay March NYSC Allowance, pls I beg of u

senatorbayor:
Metuh must be a clown

This is delay tactics . He should enter for plead bargain and return his share if he is afraid of opening his defense.

Sometimes , Our high ranking politicians sounds so unintelligent when faced with the results of their atrocities .
How could you plead for more time when you got all the time to enter your defence and round off the trial

without any intention to spite u, u r more of your description on Metuh.
Section 36 of the constitution that deals with the fundamental human rights of an accused person avail him with right to extension of time to prepare well and get facilities to defend himself. If this right is denied, an accused can appeal against it by showing miscarriage of justice occasioned by it's denial. Metuh's lawyer knows this that is why the change of counsel midway to delay it, looking for excuse or ground of appeal.
Sorry if u feel insulted but I am telling u from the Bar, just allow Metuh to exercise his right as enshrined in our constitution. That is the beauty of democracy.

pls can someone remind if Awolowo the ex convict was buried with Nigeria flag or Abiola the man who spent 4yrs in prison was buried with Nigeria flag.
We refused to use Nigerian flag because he was persecuted by the Nigeria government and people from a particular region.

KINGwax007:
why dnt u start telling urself the truth...

Even the Almighty Kanu got served. Asari changed his nationality to evade being tried as a Nigerian citizen if caught, and stayed in Benin for his own safety.

Ojukwu, your father's father, escaped to Abidjan.

So, tombolo still dey there?

Oya, snap him pics chilling in his sitting room...

pls are u serious?
Pls tell me which of the Asari? The Asari Dokubo was present in Rivers State rerun and even voted for PDP and shown same to the World before putting it inside the ballot box.
You guys have no idea of our strength. Nnamdi Kanu is not an Ijaw man and he is a toy compare to what Asari and Tompolo can do. We will first of all challenge them with Ateke Tom to see their weight.

Pictures from the funeral rites for the late former governor of Bayelsa state, DSP Alamieyeseigha confirms the heterogenity and
belief of the dwindling values and unity of Nigeria. The Ijaw people in that part of Southern Nigeria strongly resisted the use of
the Nigeria national flag for use in the just concluded burial. There is this belief that Nigeria is heading to a gradual collapse.
This is in view of the lingering agitation by the Biafra people. It could be recalled that Asari Dokubo, an Ijaw man has pledged
allegiance in the Biafra fight against the Nigerian state.








http://www.igberetvnews.com/3108

We are all casualties of this change mantra.
BUHARI GREE-DIE SUPPORTERS CAUGHT HUSTLING FUEL AT BLACK MARKET.
I made it bold so that everyone can digest the caption.

When Fayose said same thing, APC let loose their Zombies to attack him on social media.

Ade Adesomoju, Abuja
A human rights lawyer, Mr. Femi Falana (SAN), has advised the Federal Government to shelve its plan to obtain $2bn
loan from China.
He said instead of “plunging the nation into more indebtedness” the Federal Government should intensify efforts to
recover some funds totalling about $200bn which were either not remitted to the Federation Account or stolen from the
nation’s treasury.
Falana gave this advice in a letter dated April 8, 2016, addressed to the Minister of Finance, Mrs. Kemi Adeosun,
threatening to sue the Federal Government if his request was not taken seriously.
He said, “In the light of the foregoing, we are compelled to call on the Federal Government to muster the political will
and courage to recover the aforesaid withheld or stolen wealth of not less than $200bn belonging to the Nigerian people.
“However, if you refuse to accede to our request we shall have no alternative than to initiate legal proceedings at the
Federal High Court with a view to restraining the Federal Government from further plunging the nation into external
indebtedness.”
Earlier in a letter dated February 12, 2016 addressed to the minister, Falana had urged the Federal Government to
jettison its plan to take a loan of $2.5bn from the World Bank and $1bn from the African Development Bank.
Falana had then urged the Federal Government to explore alternative sources of raising revenue to fund the 2016
budget “instead of increasing the nation’s external debt of $64bn.”
He said in his fresh letter to Adeosun on Friday that the minister had assured him that the issues raised in his letter
were receiving the attention of the Federal Government.
His fresh letter titled, ‘Request for the collection of outstanding revenue of $200bn withheld from the Federation Account
or stolen by looters.’
“In particular, we requested the Federal Government to embark on the recovery of the revenue of $42bn withheld
from the Federation Account from 1999 to 2012 by some transnational oil companies, the Nigerian National Petroleum
Corporation and other agencies of the Federal Government.
“In your reply dated March 17, 2016 you assured us that the issues raised in our letter were receiving the attention of
the Federal Government.
“We were therefore surprised to learn that the Administration had applied to the Chinese Government for another loan
of $2bn.
“In urging the Federal Government to desist from taking the loan of $2bn from China or any other country we are
compelled to advise the Federal Government to intensify efforts to recover the nation’s wealth which has been
criminally diverted by a handful of local and foreign looters.”

http://www.punchng.com/recover-200bn-loot-shelve-2bn-loan-plan-falana-tells-fg/

she nor wan carry bele ni? Oshio thing dey work well so?

GudluckIBB:
How many people like you reason like this? Very few if there is any!

I'm a Buharist and if he's found wanting, he should pay for it.

By the time you and I(followers) have this mindset, Nigeria will be better!

I don't like Buhari as a person because he is too emotional, he allowed his emotions to control him. I hated him with that 97% and 5% statement. I watched the video myself.
As for Saraki he has to pay for his sins because he can't fool people by shouting corruption everyday when he himself dine and wallow in corruption.

GudluckIBB:
Watch your back bro
A lot of your fellow wailers will come for now calling saraki's trail witchunting.

I owe no allegiance to anyone. I just want him to be jailed so that it will be a deterrent to other thieves from shouting thief,thief when in fact they are the thieves.

I could remember Saraki blowing whistle of corruption this, corruption that. I thought he was a saint, never knew he is part of the yam eaters. I could remember Jonathan saying "most of those shouting corruption are the corrupt people".

If not for anything, I support Buhari on this Saraki matter. He who lives in glass house shouldn't be throwing stones. Saraki threw a lot of stones, calling Diezeni corruption every day. How is it with him now?

He was among those shouting, pdp destroyed Nigeria during the campaign not knowing he destroyed Kwara. Jail Saraki and I will change from Wailer to Zombie.

courage54:
Am very sure that some people from a particular region will start protesting when their trial begin.

I know u r referring to the East. I am a South Southerner and a Jonathanian. I don't give a Bleep if they are jailed. I personally want Saraki to be jailed. He was one of the whistleblowers during Jonathan's government. I could remember Jonathan saying " the most corrupt persons are same people shouting "ole ole" to cover up their mess. I am with EFCC or Buhari on Saraki's or anybody trial provided the rule of law is respected.

akinszz:
Chestbeating spotted... even d english na calamity....

point out the calamity, demented fellow.

gawu1:
''Are following the fctelection? I thought
u guys said pdp is a south south party?''
Now that the final results of the election are known & confirmed that PDP is a south south & south east party, what do you have to say?

what is d final result?

BreketeMind:
Which zombie has the view that one party is SS SE & the other N & W if not ur dirty self? And u'r really a zombie to have such a view when each party has strong members in all 6 geo/pol zones. Few fools like u in SS & SE (if indeed u'r from there) destroy the good name of the people of SE SS. Ur cup of iniquity is already full.

U b really #Breketemind, meaning a dull mind.

StOla:
Yes you are not my class because you don't know who I am too. Do you know if you're even working for me?Do you know if it is in my power to lay you off that well paying job?

U can never be, ok. I run a partnership practice. pls I v important issue coming up tomorrow and need to prepare.
My spare time to argue or discuss demented souls has passed, time to work.

StOla:
The worst part of Lagos are the slums and shanties like Ajegunle and the like. A lot of South South and South East people live there. Where else can economic refugees afford to live? When the blessings of Lagos come upon them and they make it in Lagos unlike their abandoned regions, they get to move into the better parts of Lagos where they are given a chance to associate with Yorubas of means and not area boys. Infact an Igbo from Ajegunle axis got elected into the federal house of Representatives.

who are more in Orile Iganmu, Mushin, Agege? Alimosho as a whole? Lagos is the only place u guys have, every other place is like a mad people's asylum

naija247:
Na wah for naija, see as some people dey justify stealing.

Do u know the solution? Tell yo people to stop defending theirs, there and then we shall stop defending ours.
I listened to Fashola defending his #78m websitegate before the senate and Fayemi defending his GovernmentHousegate but your tribal people defended them.
Imagine, Dalandar Umar of the CCT saying he freed Tinubu in error and that is same man u guys serve as demigod.

StOla:
Awolowo went to the UK to receive a Law degree. Alamieyesiegha ran from the UK dressed like a woman to evade the law.

Awolowo was craftily put away by the government of the 1st republic, they got their reward in full years later. Those who remained alive were never relevant politically again.

Alamco made a mockery of himself. His regional governors couldn't even give him a befitting burial. They deserted him like he deserted the UK.

My place is very useless, yet we receive a lot of economic refugees from other regions daily.

Again this argument has nothing to do with tribe or region.it is about a convicted thief who died while running from justice and ended up in his own country where he had looted funds meant for health care that could have saved him.

Many died like him because of poor health care services, so Alamco only fell on his own sword.

Same Awolowo was convicted for conspiracy and treason/treasonable felony. So who is more useless among the two? After his education, he still got convicted. Which part are u talking about? the only useful place there is Lagos. Every other part in yo region is in squalor. Even In yo Lagos, the area dominated by yo people looks like ●●●●●

StOla:
You are the one who turned this into a region and tribe argument. A thief is a thief.

I don't need to come to Bayelsa. Let the people there continue to enjoy what Alamco did for them. You don't need to tell me that your state parades the best crop of murderers and assasins. The concluded elections there and in Rivers already gives credence to that

My sermon is not for criminals and those who they give crumbs from the dining table like you, it is for those Bayelsans who can't travel to Dubai to receive the health care that Alamco put up there for them.

u said like me? lol!!! always insulting people but when they retaliate u will run to mods. for yo information I am not your class. Forget the fact that am on nairaland chatting with u, u can go to my signature, send me email so u can get my name and Google it. I, without pride have 2 first degrees and a masters, and have a well paid job. I can feed u for the rest of this yr. I only come on line when I am less busy, that is my leisure time so dude I am not yo class in all ramifications.

tosan200:
Tribalist!!! You want Igbo man to be vp for your own selfish interest not that of Nigeria, with this your clannish mindset I bet you 2019 will go the same way as 2015; People will only vote based on ethnic interest not performance. Fo0L.

if they should vote according to tribal line, what is my business? is my tribal man contesting ni? I don't blame u, u can insult because the mods are bias so nobody can ban u but if I do I will be banned. Is that not tribalism?

tosan200:
Tribalist!!! You want Igbo man to be vp for your own selfish interest not that of Nigeria, with this your clannish mindset I bet you 2019 will go the same way as 2015; People will only vote based on ethnic interest not performance. Fo0L.

cc: Mynd44 see the last word of yo sophisticated brother and u r keeping quiet.