somehow:


Stay of execution from a lower court against a supreme Court judgement?

Can you be objective?

Let me guess, objectivity to you means a valid court order should be treated like it does not exist?

See, you guys need to stop this emotional reaction and contempt for court order. While the Supreme Court judgement stands, the execution remains stayed until the court order is vacated. Any attempt to execute the Supreme Court judgement is illegal, null and void until the court order is vacated. You can call it an abuse of court process or whatever you like, it remains a valid court order.

aribisala0:
The Supreme court did not make any new judgments or orders . It affirmed the judgment of the lower courts
Sadly the passage of time make the judgment impossible to enforce without causing crisis and Lagos State should compensate the plaintiffs.

If The Supreme rules that the Land Holding Kainji Dam or Dangote's refinery was unlawfully acquired would those projects be demolished?

Thank you very much.

This summaries everything.........

fergie001:

What is the objectivity you are talking about?

When a judgement of a Court is given, no matter how bad or worse.. it stands, until vacated.

If a High Court orders the removal of a Governor or orders the arrest of a Vice President, will it be enforced?

seunmsg:


I’m talking about the stay of execution order given by a Lagos State high court.

I do not think A High Court can give a stay of execution on a Supreme court ruling
That seems like an abuse of process

TonyeBarcanista:

If a High Court orders the removal of a Governor or orders the arrest of a Vice President, will it be enforced?

TonyeBarcanista:

I asked a question.

If a High Court orders the removal of a Governor or orders the arrest of a Vice President, will it be enforced?

YES or NO?

It will go to the Court of Appeal and then the Supreme Court.

The case is now at the Appeal Court and it is an interlocutory injunction from the Residents Association who have their building plans, CofOs from the LASG and were not parties to the original suit.

If we concede it is an abuse of court process, as long as it is a judgement delivered, it must be vacated first.

seunmsg:


Once an order is given, it has to be respected until it is set aside by a court of competent jurisdiction. It doesn’t matter if the order is against the decision of the almighty Supreme Court. The order can’t be treated like it doesn’t exist. It is the NJC that will decide if the judge erred in given the order and not the IGP/AGF. The parties should maintain the status quo and a peaceful solution should be negotiated.

SMH.

fergie001:

It will go to the Court of Appeal and then the Supreme Court.

The case is now at the Appeal Court and it is an interlocutory injunction from the Residents Association who have their building plans, CofOs from the LASG and were not parties to the original suit.

If we concede it is an abuse of court process, as long as it is a judgement delivered, it must be vacated first.

I asked a question.

If a High Court orders the removal of a Governor or orders the arrest of a Vice President, will it be enforced?

YES or NO?

seunmsg:


Let me guess, objectivity to you means a valid court order should be treated like it does not exist?

See, you guys need to stop this emotional reaction and contempt for court order. While the Supreme Court judgement stands, the execution remains stayed until the court order is vacated. Any attempt to execute the Supreme Court judgement is illegal, null and void until the court order is vacated. You can call it an abuse of court process or whatever you like, it remains a valid court order.

Disagrreing with you is emotional?

Can magistrate court, a Sharia court or a customary court issue a stay of execution on a Supreme Court judgment?

I do not think so .That is my opinion just like you have yours.

Do no take the position that you know better than every one else
You are just saying what you believe you do not have any superior knowledge


This would not even be an issue in the US that we copied

We have a very aberrant judicial culture in this country that makes the absurd look sensible
We challenge all challengeables even when there is no prospect of winning

fergie001:




It will go to the Court of Appeal and then the Supreme Court.

The case is now at the Appeal Court and it is an interlocutory injunction from the Residents Association who have their building plans, CofOs from the LASG and were not parties to the original suit.

If we concede it is an abuse of court process, as long as it is a judgement delivered, it must be vacated first.

That process of vacation can go on ad infinitum
Now this claim that

It MUST BE VACATED FIRST

Is that YOUR OPINION

Or is
IT WRITTEN somewhere that you can share with us?

aribisala0:
That process of vacation can go on ad infinitum
Now this claim that

It MUST BE VACATED FIRST

Is that YOUR OPINION

Or is
IT WRITTEN somewhere that you can share with us?

The High Court is a Court of record.

That is why the family appealed. It is before the Court of Appeal as we speak.

fergie001:

The High Court is a Court of record.

That is why the family appealed. It is before the Court of Appeal as we speak.

I assume you do not have any answer for the questions asked

aribisala0:
I assume you do not have any answer for the questions asked

Please, try to go through what a "Court of record is."

Furthermore, A decision of a court (whether wrong or right) remains valid and subsisting until set aside by a court that has the jurisdiction to do so.

You can look further in Jimoh & Ors v Akande & Anor

fergie001:

Please, try to go through what a "Court of record is."

Furthermore, A decision of a court (whether wrong or right) remains valid and subsisting until set aside by a court that has the jurisdiction to do so.

You can look further in Jimoh & Ors v Akande & Anor

Say whatever you have to say by your self and stop the diversion tactics

The decision of the Supreme is final . It cannot be examined or stayed by a lower court

If you believe that it can can you provide substantiation and answer the direct question I asked you

Which courts can issue a stay
Which courts cannot and what is the basis
e.g
Can a Sharia court stay the judgment of the Supreme court?

One must aske the question is a stay of execution another method of appealing a Supreme court judgment or what purpose it is intended to achieve

seunmsg:


Let me guess, objectivity to you means a valid court order should be treated like it does not exist?

See, you guys need to stop this emotional reaction and contempt for court order. While the Supreme Court judgement stands, the execution remains stayed until the court order is vacated. Any attempt to execute the Supreme Court judgement is illegal, null and void until the court order is vacated. You can call it an abuse of court process or whatever you like, it remains a valid court order.

The supreme Court judgement is what?

Let’s even play your game, was the governor there to execute the "high court order" as what? The police or?

Let’s start from there first.

TonyeBarcanista:


"A declaration that members of the Shangisha Landlords Association whose lands and or buildings at Shangisha village were demolished by the Lagos State Government and/or its servants or agents during the period of June 1984 to May 1985 are entitled to the first choice preferential treatment by the Lagos State Government before any other person(s) in the allocation or re-allocation of plots in Shangisha village and I make the order against the 1st, 2nd, 3rd and 4th defendants (particularly the Lagos State Government and Land Use and Allocation committee) as agreed in the meeting held on 16th October 1984 with the Ministry of Lands and Housing and Development Matters, Lagos State.


“2. An order of Mandatory Injunction is hereby made that the said defendants shall forthwith allocate 549 (five hundred and forty-nine) plots to the plaintiffs in the said Shangisha village scheme in the Shangisha village aforesaid.”



The above is the CLEAR PRONOUNCEMENT of Supreme Court

Clear!

fergie001:

What is the objectivity you are talking about?

When a judgement of a Court is given, no matter how bad or worse.. it stands, until vacated.

Which of the judgements are you referring to here?

The one from the highest court or the one from the lower court?

somehow:


The supreme Court judgement is what?

Let’s even play your game, was the governor there to execute the "high court order" as what? The police or?

Let’s start from there first.

The governor was there to ensure there is no breakdown of law and order in the estate as a result of the attempt by the police to forcefully enforce a judgement that has been stayed by a valid court order.

By the way, the judgement cannot be enforced without a complete breakdown of law and order in Magodo. All parties must still return to court for further legal resolution if an amicable out of court solution can’t be reached.

The Supreme Court did not order the plaintiffs to demolish the existing buildings in Magodo. The court simply ordered Lagos state government to reallocate 549 plots to the old Shangisha land owners. If Lagos state refuse to comply, they will have to go back to the court to get a clear and consequential order of demolition and this time around, the Magodo homeowners must be joined as respondents in the case. What they are currently trying to do is self help and it cannot stand.

aribisala0:
Say whatever you have to say by your self and stop the diversion tactics

The decision of the Supreme is final . It cannot be examined or stayed by a lower court

If you believe that it can can you provide substantiation and answer the direct question I asked you

Which courts can issue a stay
Which courts cannot and what is the basis
e.g
Can a Sharia court stay the judgment of the Supreme court?

One must aske the question is a stay of execution another method of appealing a Supreme court judgment or what purpose it is intended to achieve

You asked a question and I answered now, you have asked further..I will treat same appropriately;

Was there anywhere it was mentioned that the High Court of Lagos stayed a Supreme Court judgement? I am hearing that for the first time.

Avail yourself of this case thoroughly.

Even if the Sharia Court says contrary, it will stand......I didn't write the Constitution.

somehow:


Which of the judgements are you referring to here?

The one from the highest court or the one from the lower court?

See....these cases are different....
The Supreme Court ruled on Lagos State Govt v SLA on the allocation/re-allocation of 549 plots of land, not possession of house.

The High Court Judgement is between MRA v SLA....This case from the residents is that they bought their lands legitimately, have their CofOs, etc., and are not parties of any suit or know any landlords' association.

fergie001:

See....these cases are different....
The Supreme Court ruled on Lagos State Govt v SLA on the allocation/re-allocation of 549 plots of land, not possession of house.

The High Court Judgement is between MRA v SLA....This case from the residents is that they bought their lands legitimately, have their CofOs, etc., and are not parties of any suit or know any landlords' association.

What concerns those the supreme Court judgement favored with that of those with the high Court judgment? The high Court judgment people should go and meet Lagos State that sold them the land, the supreme Court judgement is between the original land owners and the Lagos State government and they won.

seunmsg:


The governor was there to ensure there is no breakdown of law and order in the estate as a result of the attempt by the police to forcefully enforce a judgement that has been stayed by a valid court order.

By the way, the judgement cannot be enforced without a complete breakdown of law and order in Magodo. All parties must still return to court for further legal resolution if an amicable out of court solution can’t be reached.

The Supreme Court did not order the plaintiffs to demolish the existing buildings in Magodo. The court simply ordered Lagos state government to reallocate 549 plots to the old Shangisha land owners. If Lagos state refuse to comply, they will have to go back to the court to get a clear and consequential order of demolition and this time around, the Magodo homeowners must be joined as respondents in the case. What they are currently trying to do is self help and it cannot stand.

Again, it's not the job of the governor to ensure there is no break down of law and order, its the job of the police.

The police weren't there to demolish, they are there to ensure there's no breakdown of law and order.

If the police were there to ensure the demolition happens, it would have started days or even weeks back because the estate security men wouldn't be able to stop a budozer from removing the fence and gates.

somehow:
What concerns those the supreme Court judgement favored with that of those with the high Court judgment? The high Court judgment people should go and meet Lagos State that sold them the land, the supreme Court judgement is between the original land owners and the Lagos State government and they won.

The original land owners should then go to LASG for allocation. If it was that way, they would not have appealed the Lagos High Court judgement.

This is a very simple case of negotiation and compensation!
That's the truth. So much has happened, as someone here said, if the Court says tomorrow that the land where Kainji Dam is located is adjudged illegal....Will you say you will remove it?

They will talk...and negotiate. That's what men do.

fergie001:

See....these cases are different....
The Supreme Court ruled on Lagos State Govt v SLA on the allocation/re-allocation of 549 plots of land, not possession of house.

The High Court Judgement is between MRA v SLA....This case from the residents is that they bought their lands legitimately, have their CofOs, etc., and are not parties of any suit or know any landlords' association.

Whoever owns the land owns EVERYTHING on it and under it. Meaning, the landowners own the buildings on their property. The Magodo residents have three options;

1. Meet the LASG that allocated/sold land that doesn't belong to it (LASG) to them (residents).

2. Enter into settlement agreement to the landowners with a view of repurchasing the land from them OR selling the houses on the land to them.

3. Carry their houses on their heads to their legal land.


NB: The Magode landowners lost their own houses to demolition when LASG forcefully and illegally dispossessed them of it.

seunmsg:


Let me guess, objectivity to you means a valid court order should be treated like it does not exist?

See, you guys need to stop this emotional reaction and contempt for court order. While the Supreme Court judgement stands, the execution remains stayed until the court order is vacated. Any attempt to execute the Supreme Court judgement is illegal, null and void until the court order is vacated. You can call it an abuse of court process or whatever you like, it remains a valid court order.

are u saying a stay of execution obtained from state high court against a sitting governor by the supreme as regard the bonafide winner of an election should be obeyedif this is so Ihedihoa will still be the governor of imo state and plenty many governors dethroned by the supreme court would have followed the same route...we shouldnt be too emotioanl and bias when analysing things...high court giving stay of execution against supreme court judgementnothing we no go hear for nairaland...once its politics and sentiments like this people shut off their brain

TonyeBarcanista:
Whoever owns the land owns EVERYTHING on it and under it. Meaning, the landowners own the buildings on their property. The Magodo residents have three options;

1. Meet the LASG that allocated/sold land that doesn't belong to it (LASG) to them (residents).

2. Enter into settlement agreement to the landowners with a view of repurchasing the land from them OR selling the houses on the land to them.

3. Carry their houses on their heads to their legal land.

NB: The Magode landowners lost their own houses to demolition when LASG forcefully and illegally dispossessed them of it.

1. This is what the MRA have been doing.

Infact, Sanwo-Olu have said it many times, that it's between LASG & SLA, and they are handling it. Hopefully, they will.

2. That is what the landowners want, and I believe that is the only middle option, then the LASG will help them in-between.

3. That's for jokes.....

4. It will be resolved one way or the other.......MRA will stay.

fergie001:

1. This is what the MRA have been doing.

Infact, Sanwo-Olu have said it many times, that it's between LASG & SLA, and they are handling it. Hopefully, they will.

2. That is what the landowners want, and I believe that is the only middle option, then the LASG will help them in-between.

3. That's for jokes.....

4. It will be resolved one way or the other.......MRA will stay.

The Landowners already have possession of the land in the eyes of the law according to the Supreme court judgement. Whatever that will happen will be on THEIR TERMS!

TonyeBarcanista:

The Landowners already have possession of the land in the eyes of the law according to the Supreme court judgement. Whatever that will happen will be on THEIR TERMS!

You are just spoiling for an argument that has been overtaken by events.....The Governor has called the IGP and the policemen have withdrawn.

There is a Stakeholders' meeting to take place and they will talk, that's the only way.

Anyways Sanwo-olu doesn't have levels, he is not Wike nah who would have damned them and nothing will happen.....Ask the 250 teachers that have not been paid since 2016 despite an Appeal Court order.

seunmsg:
I think the judgement said something about re-allocating land to the displaced Shangisha land owners and not necessarily to forcefully takeover Magodo 2.

What is needed at this point in time is an amicable resolution and not a forceful ejection and demolition of Magodo 2. Since there is a stay of execution already, all parties should maintain the status quo while a peaceful solution is negotiated.

The court ruled that 549 plots of land should be allocated to the land owners.

fergie001:

The original land owners should then go to LASG for allocation. If it was that way, they would not have appealed the Lagos High Court judgement.

This is a very simple case of negotiation and compensation!
That's the truth. So much has happened, as someone here said, if the Court says tomorrow that the land where Kainji Dam is located is adjudged illegal....Will you say you will remove it?

They will talk...and negotiate. That's what men do.

They don't need to go to the Lagos State government for allocation because they owned that place in the first place and wasn't allocated to them by Lagos State from the start.

It's Lagos State that should invite them and try to pacify them.

somehow:
They don't need to go to the Lagos State government for allocation because they owned that place in the first place and wasn't allocated to them by Lagos State from the start.

There is no cause for alarm......It will be resolved.

Lagos has been speaking to them even before the SC judgement in 2012. The Chairman is the "Koko", others saw some reasons////

LASG has been on them because the pressure is heavily on them..the kind of damages they will pay if any house goes down is enough for them to run around.

fergie001:

You are just spoiling for an argument that has been overtaken by events.....The Governor has called the IGP and the policemen have withdrawn.

There is a Stakeholders' meeting to take place and they will talk, that's the only way.

Stakeholders meeting or not, the lands belong to the landowners. Any settlement will be on THEIR TERMS

Anyways Sanwo-olu doesn't have levels, he is not Wike nah who would have damned them and nothing will happen.....Ask the 250 teachers that have not been paid since 2016 despite an Appeal Court order.

You are just ignorant of the law! Whether Wike obeys CoA judgement or not doesn't mean the judgement won't be obeyed until set aside by a superior court. In fact, the case is between the workers and Rivers state government, and the state government shall some day execute the judgement.

NB Wike will cease being Governor from May 29 next year, and the new government or even subsequent government is bound to implement the order.


Moreover, it is a shame that a young person like you is supporting disregard of judicial order against unprivileged Nigerians. I pray you don't fall victim some day

TonyeBarcanista:

I have always stood on the fact that they will talk, that's the only way out....No building will go down because it will complicate an already complex situation. But you have been spoiling for a fight, to take the house down for reasons best known to you.

Anyone who has followed the conversation here knows who have been rolling in lawlessness and spoiling for a fight. Any avenue that involves them talking has been rebuffed by you, who knows, maybe Wike is one of the new buyers.

When will Wike obey his own, since 2018...he wants to leave it to those after him, just like the Magodo case.

People will start laughing at you here oooo....

Someone who licks every of Wike's faecal matter, embrace his illegalities and even lead smaller groups and neanderthals to enthrone his lawlessness in Wadata Plaza.

For here, matching ground na with sense, no be by de gbam.