Omogidi234's Posts

Nairaland Forum › Omogidi234's Profile › Omogidi234's Posts

1 2 3 4 5 6 7 8 9 10 (of 57 pages)

Politics › Re: Timi Dakolo Calls Osinbajo 'Lie Lie Pastor'? (Photos) by omogidi234(m): 11:39pm On Jan 26, 2019*

Tetehjewels:
He is referring to Reno.

The law is clear regarding the role and powers vested on the CCT and they are empowered to issue punishments when it comes to false asset declaration and their issuance of an order to suspend the CJN is within their constitutional powers.

That is not so with PMB and the so called petitions against him.

This is what Timi Dakolo meant when he said he thought Reno the lying pastor knew the law.

Which law? Please research very well before you delve into topics, most especially when they relate to laws.

Please Google that law you referred to. What that law says is that when a public officer has been TRIED and found GUILTY, then the CCT can recommend his removal from the office.

Almost every one agreed that the CJN has committed a grave infraction but he has not been tried and he has not been found GUILTY, of which those are the grounds the CCT can issue an Order.

Having issued an Order without the conditions precedent, the Order is illegal.

There are a lot of issues with that Order but let us limit it to the above.

2 Likes

Politics › Re: Onnoghen: Supreme Court Justices Shun Inauguration Of Elections Tribunal by omogidi234(m): 8:20pm On Jan 26, 2019

Clerverly:
Nothing special about their absence..

You are right only the CJN can swear in members of the Tribunal. But let us wait and see what happens if they refused to sit. Maybe the President would suspend all of them.

Whether or not this issue would escalates depend on Monday to Friday next week.

I can assure you that all parties are in strategy now- kitchen cabinet Strategy, Dubai Strategy, NBA Strategy and many more.

Politics › Re: Notice How Tinubu, Osinbanjo, And Fashola Have Been Quiet On CJN Suspension by omogidi234(m): 7:50pm On Jan 26, 2019

truthfulparrot:
The SANs know what they are doing. They want to bring Buhari down. This is where intelligence is better than brute force.

Are you sure? Okay oh!

Politics › Re: Breaking News: Nigerian Bar Association (NBA) To Begin Protests by omogidi234(m): 6:01pm On Jan 26, 2019

nameo:
The same way the CCT chairman is also facing charges.

CCT clean up your house

The NBA president's case is laughable. They said they saw 1.4b in his office account, he explained to them that the money was for professional fees. He provided relevant documents to show the number of cases he has handled for the people running to about 12 cases or more of which as a SAN he can charge between 50m to 100m for a case.

After they realized they could not hold him on that ground, they said he should have investigated the source of money and be sure it is not from money laundering before accepting it.

Incidentally, the provisions of the Money Laundering Act they charged him under has been abolished by court as not applicable to lawyers.

17 Likes

Politics › Re: Notice How Tinubu, Osinbanjo, And Fashola Have Been Quiet On CJN Suspension by omogidi234(m): 3:42pm On Jan 26, 2019

This is the only Government that has had 4 SANs in its cabinet, yet none of them can advise against this imbroglio!

VP Osinbajo SAN & Professor of law.
Fashola SAN
AG Malami SAN
Senator Udoma Udo Udoma SAN

In fact we have a 5th one in advisory capacity, Sagay SAN.

7 Likes

Politics › Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by omogidi234(m): 10:35am On Jan 26, 2019

[quote author=Biodun556 post=75126669][/quote]I have argued this earlier. Interpretation Act is only applicable where there is ambiguity in law.

The Constitution of the Federal Republic of Nigeria is the number one law where all laws derive thier powers and it is clear on the removal of the CJN. We do not need to resort to the Interpretation Act.

There is no need to distinguish between Removal and Suspension.

They are both acts to remove him from the office either temporarily or permanently.

Politics › Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by omogidi234(m): 10:26am On Jan 26, 2019

Brio984:
thanks alot 4 the info it seems d law is two sided.. well we need d senate now to reverse Wat buhari has done.. I pray CJN should pay 4 his crime.. I know buhari is not fighting corruption he is only fighting 4 2nd term if he were to be fighting corruption Abdullahi Ganduje should be in jail now

.

No doubt that the man may be found guilty if allowed to go through the CCT because one needs to ask him how much is his salary that he has all those he is being accused of.

But the right thing is for government to ensure he is brought before the CCT through all legal fireworks and not this mumbo jumbo.

I know the NBA & the Senate would take steps to reverse the purported sack.

Politics › Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by omogidi234(m): 10:11am On Jan 26, 2019

Brio984:
well said sir. why can't they do s same to CJN.. from Wat u said CJN should be brought b4 d court
.

Thumbs up.

You know some lawyers have a way of frustrating process. What his lawyers have done is to ensure that he is not arraigned and that angered the powers that be, that is why they resorted to this...

And if you ask his lawyers, they will tell you they are doing that within the ambit of the law.

Politics › Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by omogidi234(m): 9:54am On Jan 26, 2019

adekolaelect:
but you forget to know he declared himself
he forgot to do so when he was quarried .to me he would have not say so Buhari would have no where to act and the corrupted judge would still maintain his post as cjn.

I have answered this several times today. This time please permit me to use medical terms, medical experts please assist where there is need. Many thanks.

If you want to do standard surgical procedure, you need at least 1. A Surgeon depending on which type of surgery. 2. You need an Anatomist to point out to you the accurate place to cut and sow etc. 3. You need an Anaesthetician to administer the anaesthetic.

But what you found here in Nigeria most times is that a Surgeon or Senior Reg or other Doctor carries out all those three functions. Sometimes it leads to catastrophe, but you know medical experts would tell you ...the procedure was successful but we lost the patient...

That is exactly what the President has done. He cannot Sack ( including suspension) the CJN without the Input of the NJC and the Senate, the former though difficult.

Politics › Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by omogidi234(m): 9:28am On Jan 26, 2019

Tetehjewels:
Let me ask you a question.

In the history of Nigerias democracy, are election tribunals set up before or after elections?

You speak of sinister motives right? Kindly answer the above

With all the points above, you saw only the 'sinister' .

That composition of the Election Tribunal is actually his original sin before his other sins were brought out.

To answer your question. No CJN has ever composed an Election Tribunal after Elections. Section 133 of the Electoral Act 2010 as amended says not later than 14 days before election and the registry must be opened not later than 7 days before election.

The truth is my handy copy of that law is in the office, I had to quickly reach out to Google for a soft copy which means you can access it too.

Politics › Re: Was Tinubu A Prophet?(see Pix) by omogidi234(m): 9:04am On Jan 26, 2019

Politicians, hmmm! I am sure he would deny it.

Politics › Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by omogidi234(m): 8:57am On Jan 26, 2019

Brio984:
Wat if the man that killed admits that he killed the man. Wat will happen to such person in such situation

What the law says is that you must prove beyond reasonable doubt. Admission of killing is not conviction and sentence. The admission must be inside the dock, the court must then convict and sentence.

You can't just convict a man and sentence him in his absence because of one admission. He must be brought to court and charges must be read etc.

Politics › Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by omogidi234(m): 8:47am On Jan 26, 2019

Tetehjewels:
Read the very words of the CJN himself which I posted above when he gave absolute powers to the CCT when it comes to false assets declaration.

Those absolute powers have been given to the CCT by our constitution when it comes to issues directly under their jurisdiction.

Read the above

Dear friend, this is my major and by the grace of God, I have done this for a living for almost 2 decades.

Let us get some things clear.

1. The CCT has exclusive and original jurisdiction to try him.

2. When he has been tried and found GUILTY, then the CCT can recommend or Order his removal.

3. Some lawyers have gone to CCT to say that look, before you try the CJN, it must be on the recommendation of the NJC .

4. The AG says he must arraign him first but those lawyers are saying No, we need to address the issues in no 3 above. As a result of CCT has not arraigned him.

5. By having not arraigned him, the CCT does not have power to make any Order against him. Sub section 1 of section 23 says, you must have tried him and found him guilty, then you can recommend his removal but he has not been tried or found guilty.

6. The same lawyers ran to Court of Appeal and the CA which is higher than the CCT in Judicial hierarchy says, CCT hold on for now.

7. If the President is aware of the CCT Order how come he is not aware of the Order of a higher court-CA?

8. The Motion pursuant to which the CCT gave an Order was brought EX Parte. Please google the word EX Parte. It means one party coming to court to ask for an Order without informing the other party. How can you ask a Court to give an Order to suspend a man and not put him on Notice?

9. As much as I believe that the man has skeletons in his cupboard, the way the executive has gone about it smacks off a sinister motive.

Politics › Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by omogidi234(m): 8:16am On Jan 26, 2019

Tetehjewels:
The man declared himself guilty when he admitted to his falsehood.

He admitted that he "forgot" to declare some of his assets.

That is a confession of guilt

Please let us argue with the provisions of the law. Where is it stated that when he admits guilt, then he is guilty?

That's not the way our laws work If a police officer caught someone killing, he still have to go to court to prove it, he cannot say because he caught him then kill him immediately.

Nobody is arguing that the man has done well but remove him through the right process. What the President has done is like the National Assembly saying based on the order off CCT The President is hereby impeached.

1 Like

Politics › Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by omogidi234(m): 8:03am On Jan 26, 2019

Biodun556:
23. Powers of the Code of Conduct Tribunal to impose punishment

(1) Where the Tribunal finds a public officer guilty of contraveniYou are already admitting the CJN has been sacked. When you are contesting an action, you would say Purported Sack. ng any of the provisions of this Act, it shall impose upon that officer any of the punishments specified under subsection (2) of this section.

(2) The punishment which the Tribunal may impose shall include any of the following-

(a) vacation of office or any elective or nominated office, as the case may be;

(b) disqualification from holding any public office (whether elective or not) for a period not exceeding ten years; and

(c) seizure and forfeiture to the State of any property acquired in abuse or corruption of office.

(3) The punishments mentioned in subsection (2) of this section shall be without prejudice to the penalties that may be imposed by any law where the breach of conduct is also a criminal offence under the Criminal Code or any other enactment or law.

(4) Where the Tribunal gives a decision as to whether or not a person is guilty of a contravention of any of the provisions of this Act, an appeal shall lie as of right from such decision or from any punishment imposed on such person to the Court of Appeal at the instance of any party to the proceedings.

(5) Any right of appeal to the Court of Appeal from the decision of the Tribunal conferred by subsection

(4) of this section shall be exercised in accordance with the provisions of the rules of court for the time being in force regulating the powers, practice and procedure of the Court of Appeal.

(6) Nothing in this section shall prejudice the prosecution of a public officer punished under this section, or preclude such officer from being prosecuted or punished for an offence in a court of law.

(7) The provisions of the Constitution of the Federal Republic of Nigeria 1999, relating to prerogative of mercy, shall not apply to any punishment imposed in accordance with the provisions of this section.

24. Rules of procedure and institution of proceedings

(1) The rules of procedure to be adopted in any prosecution for the offences under this Act before the Tribunal, and the forms to be used in such prosecutions shall be as set out in the Third Schedule to this Act.

(2) Prosecutions for all offences referred to in this Act shall be instituted in the name of the Federal Republic of Nigeria by the Attorney-General of the Federation or such officers in the Federal Ministry of Justice as the Attorney-General of the Federation may authorise so to do.

(3) For the purpose of subsection (2) of this section, the Attorney-General of the Federation may-

(a) after consultation with the Attorney-General of any State in the Federation, authorise any officer of the Ministry of Justice of the State concerned to undertake any such prosecutions directly or assist therein; or

(b) if the Tribunal so requests, or if contingencies so dictate, authorise any other legal practitioner in Nigeria to undertake any such prosecution or assist therein:

Provided that the question whether any authority has been given in pursuance of this subsection shall not be inquired into by any person.

(4) Any person accused of any offence referred to in this Act shall be entitled to defend himself in person or by a person of his own choice who is a legal practitioner resident in Nigeria.

Please read that bold part. The CCT must have found the person guilty. In this case, they have not even commenced the trial. The man has not been arraigned, there are still couples of application here and there.

3 Likes

Politics › Re: Current Justices Of The Supreme Court Of Nigeria : Photos by omogidi234(m): 7:27am On Jan 26, 2019

hisexcellency34:
I can't wait for Mary Odili to become Chief Justice of Nigeria ((CJN). Buhari, Amaechi and APC fear that woman no be small

She cannot be CJN . If this current impasse is resolved and the CJN gets his job back, he would be gone by December next year, for the Mohammed to take over. The next would be Rhodes Vivour who would go in 2021. Mary Odiili would be no 2 till 2022. Except anything happens to Mohammed, she won't get to no 1. The next CJN after 2023 is that Ariwoola.

4 Likes 1 Share

Politics › Re: Onnoghen: Atiku To Address World Press Conference by omogidi234(m): 10:37pm On Jan 25, 2019

You are already admitting the CJN has been sacked. When you are contesting an action, you would say Purported Sack.

1 Like 1 Share

Politics › Re: Onnoghen: Atiku To Address World Press Conference by omogidi234(m): 10:36pm On Jan 25, 2019

[quote author=thunder74 post=75111660][/quote].sorry

Politics › Re: The Interpretation Of The Laws Of Nigeria Supports Buhari. Pics by omogidi234(m): 10:30pm On Jan 25, 2019

seunmsg:
Halting the trial of Onnoghen for breach of asset declaration law is an entirely different matter. FG applied to the CCT to order the suspension of the CJN and the tribunal gave the order. Onnoghen or any other interested party can only get the order set aside by appealing to the court of appeal afresh.

Dear friend, please download a PDF of the CCT Act 2004. I know the National Assembly has amended it but I am not sure the President has assented the new bill.

There is nothing in that law that permits the CCT to order the suspension of a Judge or CJN. Rather, the law says it shall order the removal of any public officer once he has been found guilty.

So the CCT has not even commenced the case not to mention judgment and it is ordering suspension!

1 Like

Politics › Re: The Interpretation Of The Laws Of Nigeria Supports Buhari. Pics by omogidi234(m): 10:26pm On Jan 25, 2019

NothingDoMe:
I understand that the appeal court already refrained the CCT from hearing or ruling on the matter.

Yes you are right but the President chose to obey the CCT.

Politics › Re: The Interpretation Of The Laws Of Nigeria Supports Buhari. Pics by omogidi234(m): 9:33pm On Jan 25, 2019

Tetehjewels:
Exactly! And the constitution only places a limitation on the President when it comes to removal and not when it comes to SUSPENSION .

In this regard Mr President has acted within the very boundaries of the law

The President cannot suspend a judge not to mention the CJN.

Politics › Re: The Interpretation Of The Laws Of Nigeria Supports Buhari. Pics by omogidi234(m): 9:23pm On Jan 25, 2019

Tetehjewels:
This CJN suspension issue and those crying foul are clearly mischief makers and in some ways may have been benefiting from the CJN and his rulings.

Attached is the Interpretation Act Chapter 192 of the Laws of the Federation of Nigeria 1990.

Kindly find attached the section 11 under Construction of Statutory powers and duties

Everyone should read it and digest it.the full link has also been provided.

http://www.nigeria-law.org/Interpretation%20Act.htm

Mynd44, lalasticlala

Nice one there. However, you need the Interpretation Act where there are ambiguities.

Secondly, every law in Nigeria takes its root from the Constitution, where the Constitution states expressly on a thing, another law cannot state otherwise.

What you are saying is that if he has the power to appoint, he should have the power to fire but in firing, recourse must be had to the Constitution.

Politics › Re: BREAKING:"A Brazen Dictatorial Act" - Atiku Reacts To Buhari's Suspension Of CJN by omogidi234(m): 9:11pm On Jan 25, 2019

deking:
Please read the sections of the constitution being quoted again.

The CCT does have the powers to adjudicate in the matter.

My dear friend, this is where I major. I have not said CCT idoes not have the power to adjudicate, I said it does not have the power to make an Order suspending a judge how much more CJN.

By the power conferred on the CCT, it can only recommended someone for removal after the person has been tried and found guilty. And for judges, after the CCT process, you still have to go through some administrative/constitutional process.

Politics › Re: BREAKING:"A Brazen Dictatorial Act" - Atiku Reacts To Buhari's Suspension Of CJN by omogidi234(m): 8:02pm On Jan 25, 2019

blaise26abj:
Please lawyers in in house, the question is does the code of conduct tribunal have the power to recommend or order the president to suspend the CJN?

Because it seems the Judiciary is as stupid as this country if there are still grey areas regarding the appointment, suspension and sacking of their topmost officers.

To PDP supporters, it is karma all the way. Ayo salamis case was very political, removal of Sanusi etc. Eat this cold meal you lot had cooking

To APC supporters, if the right way to remove the CJN is proven not to have been followed and you still support it nevertheless, the same karma will visit you in the future.

From a nigerian who wants a better nigeria

The CCT does not have that power oh! Even the Almighty Supreme Court does not have that power.

Politics › Re: BREAKING:"A Brazen Dictatorial Act" - Atiku Reacts To Buhari's Suspension Of CJN by omogidi234(m): 7:59pm On Jan 25, 2019

chocolatelady:
I agree with u that its only NJc that recommends judge sack. In the case of Onnoghen, he is the chairman of NJC , so how do u expect him to be a judge on his case. U can say what of the people under him. But lets be realistic, there is no way they will not be biased in their judgement. For the fact that Onnoghen is their oga throws their judgement as been biased. So PMB acted accordingly.

You have made a valid point. I know myself that it is dicey that the NJC would recommend him for suspension but what the executive has done is worse.

What they should have done is to keep pursuing the case at CCT. Also, the CCT can not make an order that is beyond its power. The Constitution is the ground norm- like the father in the house, the CCT- like a child, cannot make an order that would conflict with that of the Constitution.

Also, assuming but not conceding that the CCT has those powers, the question I would ask is when was the application to ask him to step aside moved.?

There are a lot of intrigue, I pray this would not cause trouble ahead.

Politics › Re: BREAKING:"A Brazen Dictatorial Act" - Atiku Reacts To Buhari's Suspension Of CJN by omogidi234(m): 7:29pm On Jan 25, 2019

helinues:
So NJC can recommend the removal of Salami because he did not greet former outgoing CJN?

Or what was Salami's offense?

I didn't quite agree with that Salami's own but those guys behind his removal went through the required procedure, so it was difficult to fight. The man fought in court and won eventually but this particular one the guys behind it are not smart at all.

1 Like

Politics › Re: BREAKING:"A Brazen Dictatorial Act" - Atiku Reacts To Buhari's Suspension Of CJN by omogidi234(m): 7:04pm On Jan 25, 2019

helinues:
You can only rant Atiku. You can't do nada about it

Please digest things before posting. Only NJC can recommend suspension or removal of a judge not CCB or CCT.

The case you are referring to was based on NJC's recommendations but the one at hand was not.

2 Likes

Celebrities › Re: Someone Asks Paul Okoye For $2million, Shocks Singer by omogidi234(m): 11:16am On Jan 25, 2019

Please tell him to ask Davido. At leat he said he has 30b in the account.

3 Likes

Health › Re: Buhari Signs White Paper That Bars Public Doctors From Owning Private Hospitals by omogidi234(m): 6:09pm On Oct 18, 2018

Bethor:
Very, very good..!!
They would learn to concentrate on their work now...they either choose to work for the government or go and establish their own...simple..!!
No public doctor should be allowed to be using government resources to finance their own private entity..
Thumps up for the president if this is true..!!!

Peace..!!!

Politics › Re: Oyinbo Woman Storms Lagos To Help Sanwo-Olu Win Lagos Election by omogidi234(m): 9:39am On Oct 14, 2018

WhyMoD:
I think she should be more concerned about winning the fight against obesity first..

Correct! When I saw this on whatasp, that was my comment!

Politics › Re: Oyinbo Woman Storms Lagos To Help Sanwo-Olu Win Lagos Election by omogidi234(m): 9:37am On Oct 14, 2018

Xaos:
[img]https://media1./images/3372a43626ac121c4a7f9b7306e95e75/tenor.gif?itemid=3571116[/img]

Politics › Re: Oyinbo Woman Storms Lagos To Help Sanwo-Olu Win Lagos Election by omogidi234(m): 9:37am On Oct 14, 2018

1 2 3 4 5 6 7 8 9 10 (of 57 pages)