₦airaland Forum

Kukutenla:
You ought to know that Omotosho is fond of giving his own opinion even in his judgement. The papers are saying he declared that the impeachment was politically motivated. I wonder how that makes any sense to a neutral mind. Anyway, read below subsection 10 and 11 of section 188 which he based his judgement on. See for yourself if a court has the powers to determine what constitutes gross misconduct

So I should disregard the high court judge judgement for a nobody on Nairaland because you take a screenshot of a section?

If the constitution can just be taken word for word and anyone can just read it out and pass hiw own judgement, why do we need judges or court interpretation of the law in the first place?

Zouzer:
Impeachment is a political matter anyway. A governor or his deputy can only be impeached on allegation of gross misconduct.

Now, S188 (11) of the constitution actually gives the state house of assembly the discretion to determine what can amount to gross misconduct. The provision itself only gives a sketchy definition of gross misconduct.

"In this section - “gross misconduct” means a grave violation or breach of the provisions of this Constitution or a misconduct of such nature as amounts in the opinion in the House of Assembly to gross misconduct."

Ideally, anything can be deemed to be his offense as per this provision.

The ouster clause on the court's jurisdiction on impeachment matters extends to the nature of the the allegations. It's not the court's business to ascertain the merit of the allegations.

Even in the said Inakoju's case, one of the instances cited by the court which can amount to gross misconduct is changing of political parties (defection).

So if defection, as politically contentious as it is, can amount to gross misconduct in the opinion of the house, why can't ordinary aspiration of a deputy governor to contest for the governorship under the same party be counted as same?

I feel this decision was given per incuriam and will be upturned on appeal.

cc: LegendHero

LegendHero:
So I should disregard the high court judge judgement for a nobody on Nairaland because you take a screenshot of a section?

If the constitution can just be taken word for word and anyone can just read it out and pass hiw own judgement, why do we need judges or court interpretation of the law in the first place?

The constitution is written, and written in English. The need for courts is not because humans are Zombies.
It is still humans that become judges and they are prone to human faults, errors and prejudices.
The position of the court is not infallible. Even Oputa said so.
Stop typing like a zombie.

Kukutenla:
cc: LegendHero

Anything cannot be deemed to be offense. It will be unjust on the part of the people that made the law. That is why the court will interpret.

If I suddenly say “Shuaibu abuse the governor verbally” arrange my house and justice to impeach him on that. Will that be a fair thing?

Can I just trump up any offense to impeach anyone as I want? Then that means all governor can easily impeach their deputy as they deem fit anytime because that law just turn them to emperor.

Ideally, anything can be deemed to be his offense as per this provision.

BleedingPen:
•orders IGP to immediately restore his security



https://metrowatchxtra.com/2024/07/17/breaking-court-reinstates-philip-shaibu-as-edo-deputy-governor-metrowatch/

This is a sad news to the emergency lovers f Nigeria. They know themselves

Every court in Nigeria is shame including you believing Nigeria court.

quote author=Beremx post=131002240]Another shameless court will soon come out and counter the ruling.
I tire for Nigeria judiciary system.

Congratulations to him anyway[/quote]

Congratulations to my amiable Deputy Govo

LegendHero:
Anything cannot be deemed to be offense. It will be unjust on the part of the people that made the law. That is why the court will interpret.

If I suddenly say “Shuaibu abuse the governor verbally” arrange my house and justice to impeach him on that. Will that be a fair thing?

Can I just trump up any offense to impeach anyone as I want? Then that means all governor can easily impeach their deputy as they deem fit anytime because that law just turn them to emperor.

The constitution left it to the discretion of the House and the Panel to determine what constitutes gross misconduct. If it makes the governors emperors, then the right thing is to amend the constitution not to employ your own bias. Everyone can have their own preference. It's what the law says that's sacrosanct

P.S. In the screenshot you shared, you claimed Tinubu will get the HoA to impeach a gov on trumped up charges but here you are speaking against such if done by a gov you're not in bud with.

Throwback:
What has Osinbajo being a Judas to his benefactor, and being democratically defeated by same benefactor, got to do with Shaibu being impeached in an abuse of power by a dictator Governor and his puppet State House of Assembly?

When did impeachment become a political tool used by a Governor to punish his deputy for pursuing his own political career that is within his, rights?

Wike and Fubara. Tell us about it

Hon. Justice James Omotosho has done what he knows how best to do. The maestro in delivering of justice for paddy paddy, a maverick in redefining sections in our Constitution and epitome of Nigeria law students.

Oga Philip the man with contacts; Abuja warlord from the town with many creeks, is a man to know but if he desires your wife -don't argue.

The usual chant of "Edo no be Lagos" will rape this thread but know also that you are under spell like those rejoicing over local autonomy.

Class 99 is now incharge. Align with them and win all battles.

BleedingPen:
Congratulations

Obaseki will appeal it - na appeal court case go dey until the administration end for november

Kukutenla:
The constitution is written, and written in English. The need for courts is not because humans are Zombies.
It is still humans that become judges and they are prone to human faults, errors and prejudices.
The position of the court is not infallible. Even Oputa said so.
Stop typing like a zombie.

Don't worry. You should have taken this your text to the Edo assembly members because they are appealing the judgement as we speak.

Why appeal the judgement when a nobody on Nairaland already have the english of the text?

Imagine who dey call person zombie.

Kukutenla:
The constitution left it to the discretion of the House and the Panel to determine what constitutes gross misconduct. If it makes the governors emperors, then the right thing is to amend the constitution not to employ your own bias. Everyone can have their own preference. It's what the law says that's sacrosanct

P.S. In the screenshot you shared, you claimed Tinubu will get the HoA to impeach a gov on trumped up charges but here you are speaking against such if done by a gov you're not in bud with.

I have since moved on from the argument, I won't waste my time on what you have to say.

However, to address your lies in the bolded, the reason I mentioned Tinubu was just to buttress my point that day about politicians going rogue if your interpretation of the law is the true fact. I only said if governors can hang any offense on the neck of their deputy, what stop Tinubu from trumping up charges. It is just an example and not a support for the act.

Go back and read my response again.

press9jatv:
EDHA will appeal the kangaroo judgement reinstating Shaibu. EDHA will win the court of Appeal cos’ they followed the due process in impeaching Shaibu from office.

Even if they get appeal in federal high court in benin as usual but in less than one week, the supreme court will affirm Shaibu as deputy governor. Head or tail, he will resume.

LegendHero:
I have since moved on from the argument, I won't waste my time on what you have to say.

However, to address your lies in the bolded, the reason I mentioned Tinubu was just to buttress my point that day about politicians going rogue if your interpretation of the law is the true fact. I only said if governors can hang any offense on the neck of their deputy, what stop Tinubu from trumping up charges. It is just an example and not a support for the act.

Go back and read my response again.

And I gave you examples of OBJ doing exactly that. Go back and read my points to you.
My point is that our laws do not give the courts the power to determine what constitutes gross misconduct and I just quoted the relevant section of our law to support that in plain English. I also remember clarifying for you that Achuba's case in Kogi was quashed because the panel did not find him guilty and same constitution says that should be the end of the matter.
Tinubu got his deputy impeached so who is lying between you and I

Next thing, lawyers both learned and unlearned will start interpreting even this crystal clear judgement upside down

LegendHero:
Don't worry. You should have taken this your text to the Edo assembly members because they are appealing the judgement as we speak.

Why appeal the judgement when a nobody on Nairaland already have the english of the text?

Imagine who dey call person zombie.

They are appealing the judgement because they read the law and believe the judge was wrong. If they were Zombies, they would have just accepted the court's judgement and have Shaibu re-instated.
It's obvious you are not aware that the opportunity for appeal is an agreement that judge can err in their reading of the law and facts of a case.
I actually got the idea that the legislature have sole rights on what constitutes gross misconduct from an Havard professor of law during the Trump impeachment. I was surprised when I checked our laws and it was in agreement. So maybe the Havard Professor is also a nobody on Nairaland

LegendHero:
Anything cannot be deemed to be offense. It will be unjust on the part of the people that made the law. That is why the court will interpret.

If I suddenly say “Shuaibu abuse the governor verbally” arrange my house and justice to impeach him on that. Will that be a fair thing?

Can I just trump up any offense to impeach anyone as I want? Then that means all governor can easily impeach their deputy as they deem fit anytime because that law just turn them to emperor.

The law is what it is and not necessarily what it should be.

Unfortunately, this is not the United States where impeachment and subsequent trial of the president must be on grounds of treason, bribery or contain at least some form of criminal element inappropriate for the president.

Every impeachment case that has been upturned in Nigeria has been on the basis of some procedural defects, not on the ground of the nature of the allegations. Maybe in the future, the Supreme Court will expose this seeming flaw by giving a liberal interpretation. But until then, this is the law.

Besides, on what basis was Balarabe Musa impeached in the 2nd Republic by the Kaduna state House of Assembly ? Simply because he had a different ideology with the opposition party which happened to be the majority party in the Assembly at the time. That was his "offense". The 1979 constitution which was in operation at the time had the same impeachment provisions (including the ouster clause) as the extant 1999 Constitution. The case reached the Supreme Court and his impeachment was upheld, as there was no breach of due process.

His case still stands as a precedent for courts to decline jurisdiction on impeachment matters.

This has been debated severally in past. The court erred here.

If the house in its wisdom determines that an action amounting to gross misconduct has been committed, then the courts have no powers to interfere.

Their (court) role is simply to ensure due process has been followed.

Zouzer:
Impeachment is a political matter anyway. A governor or his deputy can only be impeached on allegation of gross misconduct.

Now, S188 (11) of the constitution actually gives the state house of assembly the discretion to determine what can amount to gross misconduct. The provision itself only gives a sketchy definition of gross misconduct.

"In this section - “gross misconduct” means a grave violation or breach of the provisions of this Constitution or a misconduct of such nature as amounts in the opinion in the House of Assembly to gross misconduct."

Ideally, anything can be deemed to be his offense as per this provision.

The ouster clause on the court's jurisdiction on impeachment matters extends to the nature of the the allegations. It's not the court's business to ascertain the merit of the allegations.

Even in the said Inakoju's case, one of the instances cited by the court which can amount to gross misconduct is changing of political parties (defection).

So if defection, as politically contentious as it is, can amount to gross misconduct in the opinion of the house, why can't ordinary aspiration of a deputy governor to contest for the governorship under the same party be counted as same?

I feel this decision was given per incuriam and will be upturned on appeal.

Well captured

Kukutenla:
Wike and Fubara. Tell us about it

Same situation.

No one should be threatened with impeachment due to political fallouts with their benefactors.

If Wike has fallen out with Fubara, the political thing to be done is to deny him your political support for a new term, while Fubara tries to re-attain the same office with his own political goodwill and capital if he can build such.

It is that simple, and that was what played out with Ambode in Lagos. Without the support of Tinubu, Ambode could not re-attain the party ticket he previously got owing to Tinubu's support.

Democracy simply played itself out without the abuse of any power to suspend from party, or to impeach, or to screen-out from participating in the primary like Obaseki suffered at the hands of Oshiomhole.

The irony is that Obaseki who suffered such abuse of power, still went ahead to repeat a similar abuse with the impeachment of his deputy that was simply exercising his democratic franchise.

Otilor.... I'm sure my governor an appeal is being filed at the moment... From appeal court to supreme court, before the case ends the tenure would be over. If you no loyal you go rioya

This is just paper victory. By the time appeal is entered and heard, new government don take over.

Throwback:
Same situation.

No one should be threatened with impeach due to political fallouts with their benefactors.

If Wike has fallen out with Fubara, the political thing to be done is to deny him your political support for a new term, while Fubara tries to re-attain the same office with his own political goodwill and capital if he can build such.

It is that simple, and that was what played out with Ambode in Lagos. Without the support of Tinubu, Ambode could not re-attain the party ticket he previously got owing to Tinubu's support.

Democracy simple played itself out without the abuse of any power to suspend from party, or to impeach, or to screen-out from participating in the primary like Obaseki suffered at the hands of Oshiomhole.

The irony is that Obaseki who suffered such abuse of power, still went ahead to repeat a similar abuse with the impeachment of his deputy that was simply exercising his democratic franchise.

Explain this

Kukutenla:
Explain this

Simple!

Do not quarrel with your benefactor.

Except he does not intend to go for a 2nd term, or unlike Ambode, he knows how to win the primaries of a party that is controlled by his benefactor.

He should heed the advice of Peter Obi who vowed not to try such political suicide of quarelling with Wike.

Throwback:
Simple!

Do not quarrel with your benefactor.

Except he does not intend to go for a 2nd term, or unlike Ambode, he knows how to win the primaries of a party that is controlled by his benefactor.

He should heed the advice of Peter Obi who vowed not to try such political suicide of quarelling with Wike.

How do you know Fubara is the one quarrelling with Wike and not the other way round.
It was Wike who ordered for his impeachment as we all know.

Kukutenla:
How do you know Fubara is the one quarrelling with Wike and not the other way round.
It was Wike who ordered for his impeachment as we all know.

Since the benefactor singlehandedly put him in office, same benefactor cannot just want him out of office immediately, except there is a refusal on the part of the Godson to submit to the dictates of the Godfather. That refusal from the Godson is inherently the quarrel.

Any impeachment of Fubara owing to his political disagreement with Wike, will not stand in any court.

Such abuse of legislative and democratic processes are being heavily discouraged at the federal courts.

State courts as we all know, are mighty useless.

The most Wike should expect as a victory in this ongoing feud, is to prevent Fubara from securing a return ticket of PDP.

JuicyStar:
This is just paper victory. By the time appeal is entered and heard, new government don take over.

He is fighting for his entitlements post-tenure. Typical Nigerian politician. The constitution actually says that if a governor or his deputy is impeached, he shall not be entitled to pension and gratuity.

Throwback:
Any impeachment of Fubara owing to his political disagreement with Wike, will not stand in any court.

Such abuse of legislative and democratic processes are being heavily discouraged at the federal courts.

State courts as we all know, are mighty useless.

The most Wike should expect as a victory in this ongoing feud, is to prevent Fubara from securing a return ticket of PDP.

You have veered off into something else
Can you explain the impeachment of Femi Pedro by Tinubu and why it stood

inusrn:
Stay of execution in 24 hours will be purchased or acquired by Obaseki.

Of course since the executive and the legislature are busy eating deep into our common wealth, the judiciary wouldn't want to be exempted after all they are all arms of government.

BleedingPen:
•orders IGP to immediately restore his security



https://metrowatchxtra.com/2024/07/17/breaking-court-reinstates-philip-shaibu-as-edo-deputy-governor-metrowatch/

Justice James Omotosho. I really do not know why I feel he is a hatchet judge. Probably it is because of the way and manner he dispenses cases that involves Wike. I have never seen Justice Omotosho given unfavorable judgement to any case Wike has interest. This is not to opined that Wike has interest Philip's case.

Justice Omotosho!!!