₦airaland Forum

PoliteActivist:
You see how they easily fool the public with pure nonsense.
Have you ever seen a case in any other country where a defendant is spared jail time or appropriate punishment based on what another court may rule in the future??!!
If they keep succeeding in fooling people like you they'd be able to avoid the public outcry that'd eventually force them to stop sentences that are clearly based on bribery and pay-offs!

he is not spared jail time because of the case in the other Court , in fact He is a convict as it is and the discretion to give a convict an option of fine is at the discretion of the honorable Court.

chessguru:
It happens in other climes , You do not know the subject matter in the Civil proceedings and you are so quick to condemn the Courts judgement , most things we say here is out of Ignorance . i am not fooled , i am a lawyer and also privileged to be on the lower bench so i know exactly what i am saying . you sit behind your keyboard and make allegations of bribery .

My friend stpp enabling corruption because you are trying to win an argument on NL. You DON'T KNOW what you are saying. Double Jeopardy is a US legal term - specifically from the fifth amendment to the US constitution. Go through US case history, you can't find a single instance where something like this occurred. Review the OJ Simpson murder trial. No one will even think of raising such ridiculous argument. ONLY IN NIGERIA!

chessguru:
he is not spared jail time because of the case in the other Court , in fact He is a convict as it is and the discretion to give a convict an option of fine is at the discretion of the honorable Court.

Are you ok buddy? Instead of being outraged by a clearly ridiculous judgment you are here carping "discretion of the honorable Court"!
You are simply misguided. Here is a question that'd help you see the double jeopardy argument as the nonsense it is:
What would happen if other cases were raised in other courts AFTER this judgment??

PoliteActivist:
Are you ok buddy? Instead of being outraged by a clearly ridiculous judgment you are here carping "discretion of the honorable Court"!
You are simply misguided. Here is a question that'd help you see the double jeopardy argument as the nonsense it is:
What would happen if other cases were raised in other courts AFTER this judgment??

You do not know the subject matter the other Court is dealing with so you are not in a position to make unguarded statements about the decision of the Court . The Court in its wisdom has done Justice to the matte by convicting the accused .Ubi jus ubi Remedium where there is a wrong there is a remedy , a conviction was made , Funds stolen will be recovered Any blind arguments by ignorant people is just a waste of time. The recovery of the funds is already a subject matter before a civil Court . The criminal court refused to delve into the issue of restitution because of that . nuff said

PoliteActivist:
My friend stpp enabling corruption because you are trying to win an argument on NL. You DON'T KNOW what you are saying. Double Jeopardy is a US legal term - specifically from the fifth amendment to the US constitution. Go through US case history, you can't find a single instance where something like this occurred. Review the OJ Simpson murder trial. No one will even think of raising such ridiculous argument. ONLY IN NIGERIA!

I can see you rely on search engines a lot , without being a lawyer or at least having a good knowledge of the law you are bound to be mislead , i am a lawyer and i know double jeopardy is not alien to English law. it simply means the punishment of a person twice for the same offense. The recovery of the funds is already a subject matter before a civil Court . The criminal court refused to delve into the issue of restitution because of that . Nuff said . cheers

chessguru:
I can see you rely on search engines a lot , without being a lawyer or at least having a good knowledge of the law you are bound to be mislead , i am a lawyer and i know double jeopardy is not alien to English law. it simply means the punishment of a person twice for the same offense. The recovery of the funds is already a subject matter before a civil Court . The criminal court refused to delve into the issue of restitution because of that . Nuff said . cheers

You are the one relying on search engines. This is a subject matter I happen to KNOW. You keep saying you are a lawyer yet you keep talking nonsense. I asked you a question. Answering it would have clarified things for you. Nothing stops anyone from filing further suits still related to this matter in the future. You go there and argue double jeopardy based on judgment in this case.. You don't argue double jeopardy based on cases that are pending or could be filed in the future!!
ONLY IN NIGERIA!!!

einsteine:
Well, he is also facing a civil case on the same issue and with this conviction, he may likely lose the civil case and pay more. That's the reason given by the judge for not adding a refund of the total loot as one of the sentences.

I see. Thanks for the explanation.

Sometimes the judgement system in Nigeria encourages corruption.

Imagine asking a thief who stole iphone13 to bring iphone4 so as to be set free instead of jail term.


He should return the 1.1billion and still serve his 7years or remain in jail until then.

PoliteActivist:
You are the one relying on search engines. This is a subject matter I happen to KNOW. You keep saying you are a lawyer yet you keep talking nonsense. I asked you a question. Answering it would have clarified things for you. Nothing stops anyone from filing further suits still related to this matter in the future. You go there and argue double jeopardy based on judgment in this case.. You don't argue double jeopardy based on cases that are pending or could be filed in the future!!
ONLY IN NIGERIA!!!

Like i said , The accused has been Convicted of the crime, you do not know the subject matter of the civil suit which is already going on in the other Court , so your opinion or argument is only academic , Justice has been done. period. you argue like a law student who most times will never take to correction because they know nothing about the procedure in Court . enjoy your ignorance .

That's a G boy

chessguru:
The fine has nothing to do with the amount of money stolen , besides there is another suit going on to recover the said amount stolen "ICPC lawyer, Olubunmi Ikupolati, however, urged the court to convict Hussaini with restitution of the funds stolen.

But Umar opposed, saying such would amount to double jeopardy since his client is facing a civil matter before the FCT High Court."

so, he couldn't establish with the 1.1 billion?

Emmastan291:
Umar Hussaini was jailed for 7 years for a fraud of 1.1 Billion.. He begged the court to temper justice with mercy...lol

He will pay N100 million as compensation to the victims of the crime, Yemi Obadeyi and Cambial Limited and N50 million fine on each of the two counts.


What happens to the rest of the money?
7 years is really small

The entire sum of N1.1 billion is NOT on him sir.

chessguru:
Like i said , The accused has been Convicted of the crime, you do not know the subject matter of the civil suit which is already going on in the other Court , so your opinion or argument is only academic , Justice has been done. period. you argue like a law student who most times will never take to correction because they know nothing about the procedure in Court . enjoy your ignorance .

With due respect, you are the one making ignorant statements:
- the accused has been Convicted of the crime
- Justice has been done
- you do not know the subject matter of the civil suit
- they know nothing about the procedure in Court

What has any of these to do with the fact that the Nigerian sentencing system is totally corrupt? That it is outrageous that punishment for stealing 1.1B is 100m plus 100m. That 100m ought not substitute for 7 years imprisonment for someone worth billions. That pending cases are just like cases that could be filed in the future and cannot be the basis for a claim of double jeopardy in an on-going case!

I read other countries sentencing, you'd rarely see option of fine in a major corruption case - they all deservedly go to jail. In Nigeria option of fine is the norm. Only in Nigeria!
Instead of carping nonsense try join the outcry against the totally corrupt Nigerian sentencing system!

DeOTR:
I almost ran mad when the judge gave Maina an option to pay a fine of 750k for stealing 20billion.
I mean, if he had stolen from an individual, what explanation would the Judge give the victim? He/she should just forgo the money and allow the culprit walk away by only paying 750k?
I think the only way we can have a working society is by pushing for judicial reforms, not necessarily pushing for a change of the government at the center. Nigeria can't move forward without some serious reforms, no matter who is the President.
We need a working system, not necessarily a good man as the President.

You are of course right, the system is totally corrupt. But it'll be almost impossible to reform because the fat cats who feed off it will fight to the death to have it stay the same!

Emmastan291:
Umar Hussaini was jailed for 7 years for a fraud of 1.1 Billion.. He begged the court to temper justice with mercy...lol

He will pay N100 million as compensation to the victims of the crime, Yemi Obadeyi and Cambial Limited and N50 million fine on each of the two counts.


What happens to the rest of the money?
7 years is really small

judge collect him own 400 million

Fattesticles:
How una take dey thief this money

Show me way

Country is collapsed

enter politics

PoliteActivist:
You are of course right, the system is totally corrupt. But it'll be almost impossible to reform because the fat cats who feed off it will fight to the death to have it stay the same!

What we need most now are political pressure groups to force our legislature to do the right thing.
All over the world, they didn't just become a better by voting for credible candidates. There's none anywhere. Strong institutions force political office holders to do the right thing, not necessarily because they want to.

DeOTR:
What we need most now are political pressure groups to force our legislature to do the right thing.
All over the world, they didn't just become a better by voting for credible candidates. There's none anywhere. Strong institutions force political office holders to do the right thing, not necessarily because they want to.

You are quite right. The people UNITED is the only solution. But how can the people ever unite when they can be easily divided through religious and tribal jingoism. That's how u know Nigeria is doomed

windofchange:
Rest on Yaradua

I miss this man tooooo much

Emmastan291:
Umar Hussaini was jailed for 7 years for a fraud of 1.1 Billion.. He begged the court to temper justice with mercy...lol

He will pay N100 million as compensation to the victims of the crime, Yemi Obadeyi and Cambial Limited and N50 million fine on each of the two counts.


What happens to the rest of the money?
7 years is really small

Him go bribe the chief judge with part of the balance . Nigerians don suffer

N50 million fine on a suit of over N1 billion by a Justice CHUCKWU, and they will come and be complaining again.
Case closed

Queendera:
What manner of nonsense is this?

He stole 1.1 billion naira.

But get only 7 years jail term or an option to pay 200 million naira.

How does paying 200 million naira is justice for stealing 1.1 billion naira?

Just how?

There is a civil action against him in respect of the money

Brendaniel:
Yes the result in the south-east was rigged, I even pray they do a rerun there because they suppressed and manipulated votes against Peter Obi in the south east, Peter Obi was supposed to score 99.9%, I'm very sure about that...

Then they should also do rerun in every part of Nigeria, because a lot was done against Peter Obi but still he won the election clean and clear...

A rerun with free and fair conduct will only be a second confirmation...

From what you wrote I can detect your age.

Levels2:
From what you wrote I can detect your age.

Oya age dectector, please tell me my age.

Emmastan291:
Umar Hussaini was jailed for 7 years for a fraud of 1.1 Billion.. He begged the court to temper justice with mercy...lol

He will pay N100 million as compensation to the victims of the crime, Yemi Obadeyi and Cambial Limited and N50 million fine on each of the two counts.


What happens to the rest of the money?


7 years is really small

The 1.1B Would have been Recovered and he would now pay damages of N50M extra to the Prosecutor !

1.150B to be Recovered from Umar !

If not he will go to Jail for 7years On Each Count to be Runned Concurrently after N1.1B would have been Recovered from him !

Shedrack777:
14years not 7years

7years Bro ... Each count is 7years to be served concurrently .... A day in Jail is for the two Offences together

PoliteActivist:
You are quite right. The people UNITED is the only solution. But how can the people ever unite when they can be easily divided through religious and tribal jingoism. That's how u know Nigeria is doomed

True. And we often ignore the legislature and focus only on electing "credible" individuals to head the executive arm of government.

DeOTR:
True. And we often ignore the legislature and focus only on electing "credible" individuals to head the executive arm of government.

But truth be told, the executive in Nigeria (the presidency) is waayy too powerful and can easily become a dictatorship. We copied the powerful American presidency without copying or having in place all the countless elements that keep the American president in check. Do you know that the president controls all the legal firearms in this country? And also directly or indirectly all the investigative bodies like EFCC, the Supreme court (he appoints them), the money (CBN), the oil, even the legislature and the INEC that declares them. In short, the president can become a dictator if he wants to be - only his conscience and the people UNITED can stop him. But Nigerian people will never be united so we are down to only his conscience!

PoliteActivist:
But truth be told, the executive in Nigeria (the presidency) is waayy too powerful and can easily become a dictatorship. We copied the powerful American presidency without copying or having in place all the countless elements that keep the American president in check. Do you know that the president controls all the legal firearms in this country? And also directly or indirectly all the investigative bodies like EFCC, the Supreme court (he appoints them), the money (CBN), the oil, even the legislature and the INEC that declares them. In short, the president can become a dictator if he wants to be - only his conscience and the people UNITED can stop him. But Nigerian people will never be united so we are down to only his conscience!

That's why I laugh at people hoping on an individual to turn things around, when while campaigning, all they promise is how they will revive the economy, do this, do that, and nothing about changing this warped structure we have.
Even if we have a good man as a President who does the right thing for 4 or 8 years, if there's no change in the structure, it's a waste because a Pharaoh who doesn't know Joseph would soon come on board, and we'll be back to where we were in no time.
We should start devolution of power from the center.
The police and her sister agencies should be under the ministry of justice, controlled by the Chief Justice. They are the one saddled with administration of justice, so the Police should directly report to them. This way, our Judiciary won't be toothless bulldogs that they are now.
We can have State Police with this arrangement without the fear of Governors abusing it, because the same thing will be applicable to State Police. The NJC should be solely responsible for choosing and removing the Chief Judge, not the President.
Absolute power corrupts absolutely, and that's exactly what's playing out in Nigeria.

DeOTR:
That's why I laugh at people hoping on an individual to turn things around, when while campaigning, all they promise is how they will revive the economy, do this, do that, and nothing about changing this warped structure we have.
Even if we have a good man as a President who does the right thing for 4 or 8 years, if there's no change in the structure, it's a waste because a Pharaoh who doesn't know Joseph would soon come on board, and we'll be back to where we were in no time.
We should start devolution of power from the center.
The police and her sister agencies should be under the ministry of justice, controlled by the Chief Justice. They are the one saddled with administration of justice, so the Police should directly report to them. This way, our Judiciary won't be toothless bulldogs that they are now.
We can have State Police with this arrangement without the fear of Governors abusing it, because the same thing will be applicable to State Police. The NJC should be solely responsible for choosing and removing the Chief Judge, not the President.
Absolute power corrupts absolutely, and that's exactly what's playing out in Nigeria.

You make so many good points. I especially like the idea of the police and her sister agencies being under the ministry of justice, controlled by the Chief Justice. I don't think it's been tried in any country yet. What they do have in other countries that work are different independent police systems with different jurisdictions, but all servants of the rule of law and the courts and nothing else; and they answer ONLY to the top cop (as long as he is not violating the law) and not to the politician who appointed him. Example, FBI is under federal government and deals with things involving more than two states. The state police is under state government and deals with things involving more than one town in the state. The local police are controlled by the local government. All these can act jointly when warranted and can also act as a check on any of them not following the law or court rullings.