Abuja Magistrate Orders Lawyer Handcuffed, Jailed For Challenging Him - Career (4) - Nairaland
Nairaland Forum › Nairaland General › Career › Abuja Magistrate Orders Lawyer Handcuffed, Jailed For Challenging Him (27370 Views)
| Re: Abuja Magistrate Orders Lawyer Handcuffed, Jailed For Challenging Him by Dtruthspeaker: 1:32am On Mar 24, 2021 |
Barrywilly:It was not wrong because The Courts should not make errors and should not be allowed to make any, thus, if and when there are errors it is only reasonable for counsel to point it out for quick correction. But it was treacherous for the lawyer to go that far but I understand, given these wicked times which the magistrate would have understood except that he also complacent! |
| Re: Abuja Magistrate Orders Lawyer Handcuffed, Jailed For Challenging Him by Dtruthspeaker: 1:38am On Mar 24, 2021 |
Fuckingmallam45:Bag of Cow Filth! If A Court does what is Right and Good All the Time, No One, I Repeat, No One will Disrespect it. And if No one will disrespect it, then all these Chicken Excrement you put up there will not be necessary! |
| Re: Abuja Magistrate Orders Lawyer Handcuffed, Jailed For Challenging Him by Dtruthspeaker: 1:44am On Mar 24, 2021 |
castiello:You are talking about when a Court has conducted itself Rightly but when it does not, An offence is Committed and a Cry is let out! And the Courts is the place where No Offence can and should be committed! |
| Re: Abuja Magistrate Orders Lawyer Handcuffed, Jailed For Challenging Him by Dtruthspeaker: 1:45am On Mar 24, 2021 |
kingjooo:Yeah, judges of unrightness! |
| Re: Abuja Magistrate Orders Lawyer Handcuffed, Jailed For Challenging Him by Dtruthspeaker: 1:49am On Mar 24, 2021 |
7wonder:Wrong! A Judge can not be allowed to make an Error and in these days of errors, the lawyer's action is very understandable, thus, there is lesson to be taught here but an infliction of Injury. Why the injury? Your guess is the same with mine if you want to be truthful! |
| Re: Abuja Magistrate Orders Lawyer Handcuffed, Jailed For Challenging Him by Dtruthspeaker: 1:54am On Mar 24, 2021 |
7wonder:He had cogent reasons to attack the judge, to wit "corruption of the judiciary" a privilege and defence he could have enjoyed in the 80s but not today. They are open to accusations! |
| Re: Abuja Magistrate Orders Lawyer Handcuffed, Jailed For Challenging Him by Dtruthspeaker: 1:57am On Mar 24, 2021 |
westfield:The work of The Law is to Uphold Rightness and Prevent Errors. Error is not Rightness! |
| Re: Abuja Magistrate Orders Lawyer Handcuffed, Jailed For Challenging Him by Dtruthspeaker: 2:00am On Mar 24, 2021 |
AyakaDunukofia:Nope, it is within the principles of proceedings that the Court should not be allowed to make any errors, omissions or mistake! |
| Re: Abuja Magistrate Orders Lawyer Handcuffed, Jailed For Challenging Him by 7wonder(m): 3:52am On Mar 24, 2021 |
Dtruthspeaker:I hope you are contending by reason of sufficient experience but I make bold to say 'i dont think so' Hmmm..I don't know why you said a judge cannot be allowed to make an error. All judges err my friend. That is why you have right to appeal against any error in a ruling or decision. What do you think is contained in a notice of appeal? You will find write ups like "The learned trial judge erred when he held that....." The lawyer can bring the error or mistake to the attention of the magistrate after delivering the ruling and not while he was delivering the ruling. The lawyer should know the very basics of the practice of the law. Experientially stating, it is common and we see it in courts frequently when Counsel avert the minds of magistrates or Judges after a ruling is delivered to what was not said. I'll reiterate again that all judges err and are allowed to err that is why there is always a right of appeal against any part of a decision or ruling that wasn't favorable or occasioned a miscarriage of justice. Even the supreme court will say " We are supreme not because we are infallible but we are infallible because we are supreme". I don't know whether you are a lawyer or not but if you are, you should know the very basics of court proceedings that even law students are aware of. Whether the Counsel's action was understandable to people or not, to the magistrate, it is against the ethics of the profession. |
| Re: Abuja Magistrate Orders Lawyer Handcuffed, Jailed For Challenging Him by 7wonder(m): 4:02am On Mar 24, 2021 |
Dtruthspeaker:La wa o! Which principle? Where did you learn that one from? That is not within the framework of our legal jurisprudence. They are many persons on this forum who are here to garner knowledge and it is better we do not say a thing we know nothing of. I can see that you are not a lawyer. The magistrate is the one with both the yam and the knife. If he erred and refuse to correct the errors or mistakes even when his attention is drawn to it, you go upstairs. Have you heard of the saying "To Err is human?" I would quote Lord Denning at this juncture "God forbid that I know all the law." Please desist from misleading people. Bless. |
| Re: Abuja Magistrate Orders Lawyer Handcuffed, Jailed For Challenging Him by 7wonder(m): 4:15am On Mar 24, 2021 |
Dtruthspeaker:What cogent reasons? Is he practicing law in the 80's? He was in a good position to know the likely outcome of his acts. There are instances where a counsel can ask a judge or magistrate to recuse himself from a matter because he believes as a fact that the justice of a case is not being done..even the foregoing should be done with caution. He could also write to the Chief Judge and have the matter re-assigned or continued before another judge but not to interrupt or interject during ruling or accuse the bench head on. Go and stand before even an ordinary Area Court judge and tell him he is corrupt then you will know whatsup? Even when they know they do not have jurisdiction to entertain criminal matters, they can mess you up summarily. Let's be guided. |
| Re: Abuja Magistrate Orders Lawyer Handcuffed, Jailed For Challenging Him by subcbouy: 4:40am On Mar 24, 2021 |
zoological gardens=> location judicial protons=> institution |
| Re: Abuja Magistrate Orders Lawyer Handcuffed, Jailed For Challenging Him by Dtruthspeaker: 7:19am On Mar 24, 2021 |
7wonder: you heard the reason the first time! This is the beginning of many Accusations to be flung at the bench for that is what it means for the Judiciary to be Corrupt!They No Longer have the Protection of Rightness but are Open to Accusations. 7wonder:Every way has its consequences however The Court must do no Wrong is The Law, it is not Governors Office or Theives Assembly but A Court of Rightness and this Court did not do Rightness! |
| Re: Abuja Magistrate Orders Lawyer Handcuffed, Jailed For Challenging Him by IdeasPro(m): 7:27am On Mar 24, 2021 |
Doraty1:First, we've to establish if a case of interjection by the lawyer during the magistrate's ruling is an offense and/or contempt punishable by the sentence meted out to the erring lawyer. If yes, then the magistrate has a ground. But if otherwise, he should be brought to book for abuse of power and authority. |
| Re: Abuja Magistrate Orders Lawyer Handcuffed, Jailed For Challenging Him by 7wonder(m): 7:29am On Mar 24, 2021 |
Dtruthspeaker:You wouldn't understand. You just wouldn't understand except you are in the business. |
| Re: Abuja Magistrate Orders Lawyer Handcuffed, Jailed For Challenging Him by Dtruthspeaker: 7:45am On Mar 24, 2021*. Modified: 10:00am On Mar 24, 2021 |
7wonder: Continuing Legal Education! Is it Not The Law that The Courts can do No Wrong? The question is why? The Falls Answer promoted is that it is because The Court is Attached to the King and it is said that the King can Do No Wrong! Another Partially Untrue Answer for we have seen Kings do Wrongs! Therefore what is the True Position? The Answer Lies in the Nature of A Court that is to dispense "Just Is" and Rightness. If it is to dispense Rightness and Rightness Only, therefore, it can not dispense Wrongness and of course it can dispense wrongness but it must be aided by all the parties to prevent the doing of such. 7wonder:The Court is like a Cardio Surgeon, it must not make mistakes, mistake injures another and when another is injured wrongly, The Law is breached. And how is conceivable that the place for the Remedy of Breaches itself is an Offender as the People it Judges? I am sure you have not heard this Principle "The Tenets of The Law are to Live Honestly, to Harm No One and to Give to each His Due" hence why the judge holds "the yam and knife" as you said! |
| Re: Abuja Magistrate Orders Lawyer Handcuffed, Jailed For Challenging Him by Dtruthspeaker: 7:50am On Mar 24, 2021*. Modified: 10:02am On Mar 24, 2021 |
7wonder: I am in the Practice and I have been burnt like him, so I think it just that ALL BE BURNT!For This is No Law and This is No Court! Exactly as the people of Israel did with God's Laws and His Courts! Let's have a Fresh New Good Law and Court! |
| Re: Abuja Magistrate Orders Lawyer Handcuffed, Jailed For Challenging Him by 7wonder(m): 7:57am On Mar 24, 2021 |
Dtruthspeaker:No, you are certainly not in the practice of law because you have stated things that a practicing lawyer even though one year at the bar would not. |
| Re: Abuja Magistrate Orders Lawyer Handcuffed, Jailed For Challenging Him by 7wonder(m): 8:11am On Mar 24, 2021*. Modified: 8:30am On Mar 24, 2021 |
Dtruthspeaker:Don't be so sure and confident. The position of the law is clear. If there is any perceived wrong or injustice, APPEAL. Don't confront the bench or make it obvious to him that you suspect connivance with opposing counsel. That is how it should be done. The law provided avenues for ventilating your grievance when faced with such situations. That principle you of Tenants of law bla bla you quoted is of no moment in the instant case and does not apply because the law is clear, APPEAL. In respect of the law being a cardio surgeon and must not make mistakes, how does that apply here? The courts will always make mistakes. They will always err and when they err what do you do? You use another avenue to correct that error. Look for an experienced lawyer close by to school you. I can see you are not contending from experience but from hearsay. I can understand you don't want to concede to the fact that you do not know how the law works so as not to be seen to be ignorant but please do not pass on that knowledge you acquired. The only superior argument you could pose is to the effect that Magistrates do not have the right to punish for contempt in facie curiae, that I will accept because there are plethora of authorities which I would readily provide for you to look through. The magistrate went ultra vires his powers but the truth and fact is the lawyer didn't use the right medium. Please scan through the case below. It is a supreme court authority. God bless you. Now, let me point out that it is only a Superior Court of record that has inherent jurisdiction to deal with contempt in facie curiae and punish for the offence summarily. See INEC & Anor V Oguebego & Ors (2017) JELR 37955 ( SC) It should be noted that the Court of Appeal had the opportunity to entertain this confusing situation in Adeyemi Candid-Johnson V Mrs Esther Edigi (2018) LPELR-45148(CA) where the court held that the Acting Chief Magistrate went beyond its powers and cited a counsel for contempt because the counsel' insisted that his submissions before the Court should be placed on record and also refused to answer a question which was put to him by the Court. The Magistrate considered the counsel’s conduct to be rude and contemptuous and ordered that he should be detained. The Court of Appeal, while condemning the act of the Magistrate held: “Apparently, when tempers rose rather meteorically, the respondent, exacerbated by the situation, unleashed this incisive question: "When did you leave the law school? The response, going by the record, was equally unrelenting: "I will refuse to answer that question in the rudest manner." It was the refusal to answer this question, according to the record, that broke the camel's back, and led to the detention of the appellant for contempt of court. It was unfortunate, to say the least, for the respondent, according to the records, to have taken leave of her exalted bench, invited counsel to extra-judicial dialogue, and thereafter descended into the arena of vituperative conflict with him”. Achike JCA (as he then was) corroborated his reasonings with my fears and held; "It is clearly improper and will expose the Administration of Justice to ridicule if a Magistrate or presiding officer of an inferior Court were invested with such extraordinary powers to provoke extrajudicial verbal exchange with counsel and yet invoke against him the lethal and drastic power to punish for contempt" Here, it will be said that the law of contempt only exists to uphold and ensure effective Administration of Justice and not for personal glory as we have seen in the case cited above. The power of the Court to punish for contempt must always be exercised to secure and protect the authority of the Court. In fact, the powers should be sparingly exercised and only in serious cases. The point I am struggling to make has been settled by the Supreme Court in the case of INEC & Anor V Oguebego & Ors (2017) JELR 37955 ( SC) that such arrant words or actions of the contemnor must be capable of interfering with the administration of justice by the court. Let me also quickly agree with the Justices of the Apex Court in the above cases that it is only a Superior Court of record that has the inherent jurisdiction to deal with contempt in facie curiae and punish for the offence summarily. Could it be safely said that the court did not abuse her powers to order that defense counsel be tried summarily, convicted and handcuffed to a gory place of safety to secure the ego and personal aggrandizement of the presiding officer Copied |
| Re: Abuja Magistrate Orders Lawyer Handcuffed, Jailed For Challenging Him by Dtruthspeaker: 8:28am On Mar 24, 2021*. Modified: 10:05am On Mar 24, 2021 |
7wonder:Not when a harm is being done by The Court, in the Presence of All Parties concerned. Consider this, if the Court can accept corrections for dates, numbers and amount, in the face of the Court and in the Presence of the parties concerned, therefore it can be guided at material times to prevent the occasion of harm. The Court Must Harm No One is Ultimate Law! 7wonder:All those beautiful judgements you applauded in school, where did they come from? From a court that avoided the doing of a wrong! Denning said "When a man's house is burnt, he shall be homeless, and he suffers more than his initial suffering. Therefore let's prevent his house from being burnt that he may be protected from the elements" on Just is Delayed, is Just is Denied! When your house is razed down let us see how you shall be willing to go through another process of acquiring a house, when you know that the burning down of your house could have been PREVENTED! |
| Re: Abuja Magistrate Orders Lawyer Handcuffed, Jailed For Challenging Him by 7wonder(m): 8:39am On Mar 24, 2021 |
Dtruthspeaker:Lol. I am clearly wasting my time. You are not a lawyer and won't bow to superior arguments because of pride. Take care. |
| Re: Abuja Magistrate Orders Lawyer Handcuffed, Jailed For Challenging Him by Dtruthspeaker: 8:39am On Mar 24, 2021 |
7wonder: I do not conform to things which are Not True or Just or Right or Good! Nay, I will never follow!Even if this world explodes, Right Must be Done and not wrongs, The Court Must Never be Allowed to Do A Wrong! |
| Re: Abuja Magistrate Orders Lawyer Handcuffed, Jailed For Challenging Him by Dtruthspeaker: 8:48am On Mar 24, 2021 |
7wonder: you wish!Clearly, you do not care about being Prosecuted by Another Greater and Higher Court who shall find you Guilty of the same Offences wherewith you have convicted others even in your and by the standards of your corrupt courts! Any lawyer who hates conviction and damnation would steer away from it! |
| Re: Abuja Magistrate Orders Lawyer Handcuffed, Jailed For Challenging Him by Dtruthspeaker: 9:03am On Mar 24, 2021 |
7wonder: At the bolded!Simply because you do not know the things which you are supposed to know since you are been led by Deceivers and Snakes, and have been completely deceived and yet you still do not know it! And from your continued statements, you have so many "you do not knows," So when would you start knowing? |
| Re: Abuja Magistrate Orders Lawyer Handcuffed, Jailed For Challenging Him by Dtruthspeaker: 9:13am On Mar 24, 2021 |
7wonder:Lies! You and all Wrong Doers NEED (like Air to man) the Courts to make "Mistakes" so that your Wrong and Wicked Doings would not be Spotted and Condemned. Therefore, promoting an Increase in the Doing of Wickedneses and yet having the validation of a certain judge or Magistrate! Cursed indeed are you Lawyers and Judges and further cursed are you, for cursing yourselves! |
| Re: Abuja Magistrate Orders Lawyer Handcuffed, Jailed For Challenging Him by josite: 1:34pm On Mar 24, 2021*. Modified: 1:51pm On Mar 24, 2021 |
7wonder:thank you.the lawyer involved should not have interrupted the ruling.that was his error .the magistrate should have invited the lawyer and the senior members of the bar to his Chamber.both of them deserves sanction,they are both engaged in improper conduct.the magistrate will most likely be removed from the bench if it is found as a matter of fact that he attributed to the lawyer what the lawyer did not said because by so doing he acted provocatively. the truth is 70percent of those being appointed magistrates and judges and SANS of recent are most unfit in learning and in character and we should expect more of these scenarios. |
| Re: Abuja Magistrate Orders Lawyer Handcuffed, Jailed For Challenging Him by truespeak: 2:28pm On Mar 24, 2021 |
Dtruthspeaker:GBAM!!! (so falls the Gavel). |
| Re: Abuja Magistrate Orders Lawyer Handcuffed, Jailed For Challenging Him by AyakaDunukofia: 5:40pm On Mar 24, 2021 |
Dtruthspeaker:Nope, that is why the appeal process exists. A superior court could have reviewed the point of law in contention and address it. He could have valid reasons but his action, for whatever reason(s) constituted contempt of court. "Contempt of court, often referred to simply as "contempt", is the offense of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice and dignity of the court". |
| Re: Abuja Magistrate Orders Lawyer Handcuffed, Jailed For Challenging Him by Dtruthspeaker: 6:23pm On Mar 24, 2021 |
AyakaDunukofia:The Court Must Do No Wrong is The Absolute Law hence, errors, mistakes, untrue representations and misrepresentations when spotted, it is allowed to draw the attention of the Court to such Wrongs Immediately to Prevent the Court from doing a wrong. And in this case it is reported that the lawyer's objection was on the basis of wrongful and untruthful representation which must not be allowed to pollute the Judgement of the Court on the basis that "A Court must do no wrong". And not on the ground of the "lawful" opinion of the Court which he could appeal against if he thought it was Wrong. But Untruthful Representation is a Prima-facie Wrong Ab Initio that can not be allowed in any Judgement at all! And if it can be timeously prevented, it must be so prevented! AyakaDunukofia:I understand the purpose of the Contempt Law but It not contempt when a Wrong is Committed by an Authority and it is immediately pointed out to them that they have done a Wrong! The Contempt Law is based on the fact that The Court ALWAYS DO RIGHT AND ARE BEYOND ACCUSATION OR FAULT! But a liar, a fraud, a cheat, a thief and a corrupt person MUST BE CONTEMPTIBLE and Disdained! |
| Re: Abuja Magistrate Orders Lawyer Handcuffed, Jailed For Challenging Him by AyakaDunukofia: 10:59pm On Mar 24, 2021 |
Dtruthspeaker:There is a reason for the maxim! The King or the court can do no wrong is a foundational principle of the Common law. IT IS DELIBERATE. And one of the factors that has defined the success of the Common law is CERTAINTY. There needs to be certainty not only in the law but also in the principle of the administration of justice, so said King Henry II. If a court ADMITTEDLY does wrong, it ceases to be a court and consequently loses power to hear and settle a matter. Hence the process of an APPEAL to another court. |
| Re: Abuja Magistrate Orders Lawyer Handcuffed, Jailed For Challenging Him by Dtruthspeaker: 6:05am On Mar 25, 2021*. Modified: 7:01am On Mar 25, 2021 |
AyakaDunukofia: do you know the reason? For you did not state it? (I do, but I wish to hear you if you shall say anything beyond what you learnt in school ) |
| Re: Abuja Magistrate Orders Lawyer Handcuffed, Jailed For Challenging Him by AyakaDunukofia: 1:41pm On Mar 25, 2021 |
Dtruthspeaker:I don't think we'd be wandering this long if you knew it. May be it's possible in your Nigeria, but could you mention a saner clime where an aggrieved party interrupted a court proceeding in his or her favour? One of the seminal cases that dealt with contempt of court was Att.-Gen. v Punch Ltd [2002] UKHL 50 Again, it was ruled in that case that, “contempt of court is the established, if unfortunate, name given to the species of wrongful conduct which consists of interference with the administration of justice. It is an essential adjunct of the rule of law. Interference with the administration of justice can take many forms” Did the so called lawyer do anything different? I want you to agree with you, but you haven't convinced me yet ![]() |
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you heard the reason the first time! This is the beginning of many Accusations to be flung at the bench for that is what it means for the Judiciary to be Corrupt!