₦airaland Forum

Loll..comedy film if he appear, I pity someone somewhere

Originality007:
same court ur president refuse to honor when, Dasuki was granted bail

This case is different mr fakity.there is no way buhari would allow a big criminal like dasuki to go on bail,its like freeing him.if he has the temerity to loot such funds without due process,he must be dealt with without due process.his offence amounts to high treason and doesnt require bail.moreover,buhari has immunity and was never summoned by any court but gej has no immunity and has been summoned.he needs to appear to clear things up.you wailers should not drag buhari into this case,its between gej and metuh.

If court orders Buhari to appear, would he appear? Bihari that till today did not wash his hands off the killings of his blood hounds when he lost election in the past and refused to honour orders to appear when he was called to come did anyone kill him? GEJ should ignore them. They should summon the thieves in their midsts. GEJ left /lost honourably something bubus fleas did not give Nigerians when he lost out .

EternalTruths:
Obasanjo ko..?


Jonathan should decline the call.

don't bother yourself so much, Jonathan is going no where

OZAOEKPE:
I pity that judge, hope he retires in the north

And if he retires in the south...., you'll kill yourself abi? Continu.

seunmsg:
Stop trying to be clever by half. Metuh is the defendant in this case and his counsel specifically requested that Jonathan should be subpoenaed. If Jonathan's testimony will clear Metuh, then I think he has the right to make the request except you want to deny him the right to fair hearing.

If you want someone to help you, you seek their permission. It is generally unwise to force someone to help you. That's my first point.

For you to subpoena someone to come to court as a defence witness (not a prosecution witness Ooooooh), it means the person is unwilling to help. That's Commonsense, else just ask for help and the witness will do it.

Secondly! The problem was that you have to be the President to order ONSA, asking Dr Jonathan to come to court to testify concerning activities or decisions he made as President is a big deal - worldwide baby - he can only do so, ordinarily if he has permission from Presidency, especially if the decision involves communications between his office and ONSA directly (9 out of 10 communications between ONSA and Presidency is classified).

If you force Jonathan to come to court, he will simply come and deny recollection of anything because he was President when it happened now he is a civilian. Plus all documents relating to Mr President rest with the new President and the office of the Presidency.

Now, in your infinite wisdom, how does that help Metuh in anyway to get cleared, since you want me to be clever by full and not half?

ehissi:
If you want someone to help you, you seek their permission. It is generally unwise to force someone to help you. That's my first point.

For you to subpoena someone to come to court as a defence witness (not a prosecution witness Ooooooh), it means the person is unwilling to help. That's Commonsense, else just ask for help and the witness will do it.

Secondly! The problem was that you have to be the President to order ONSA, asking Dr Jonathan to come to court to testify concerning activities or decisions he made as President is a big deal - worldwide baby - he can only do so, ordinarily if he has permission from Presidency, especially if the decision involves communications between his office and ONSA directly (9 out of 10 communications between ONSA and Presidency is classified).

If you force Jonathan to come to court, he will simply come and deny recollection of anything because he was President when it happened now he is a civilian. Plus all documents relating to Mr President rest with the new President and the office of the Presidency.

Now, in your infinite wisdom, how does that help Metuh in anyway to get cleared, since you want me to be clever by full and not half?

Your point or opinion doesnt matter when it comes to law. If you have a case in court and someone who is very critical to resolving your case is not willing to come and testify, you can legally force him to come and testify by way of subpoena and that is what Metuh has done.

On your second point, it is not in your place to tell the court that Jonathan cannot testify without permission of the current president. He has been legally subpoenaed, he must appear in court first and tell the Judge that he cannot testify without the permission of the president or he cannot remember anything about the case. The judge will then decide on the next line of action based on the facts before him. Telling him not to appear at all is contempt of court.

Metu indicted GEJ, same was sambo, same was dieziani, same was obaniko, ffk.. all the long list of corrupt pdp stalwarts..

that is the mark of a president without a leadership seal....it has never been worse like this in the history of 9ja...

this is simply shame of leadership..

ehissi:
This is why it is wrong. Metuh wants him to come and confirm in court that he ordered ONSA to give him #400million. Wisdom demands that you seek the consent of someone to testify on your behalf before even listing him/her as a witness.

To subpoena him, is to force him to testify against his own will or permission which will work badly for you. You are asking him to come and testify with the hope that he will corroborate your story and in the process exonerate you, to force such a person to do so, may back fire.

It is even much worse to do so, because you are asking him to testify about activities he undertook as president of the country and not in his private capacity.

As a former President and a staff of Presidency - note President Jonathan remains a staff of the Presidency as an ex-president - he needs to take leave/permission from the Presidency before he can go to court to testify especially if he has to present documents he signed as president.

Failure to do so, is to risk a 20yr jail sentence. He is no longer President and whatever documents he needs to butress a point in court rest in the Office of the Presidency.

Highest he will go to court and say he doesnt recall. Very convenient, especially if he gave the order without a supporting document.......

I like your analysis. Is Metuh trying to put GEJ on the spot? Is he trying to easily do what a PMB govt would have had the headache on how to go about it?

If Jonathan says no he didn't, then Metuh is finally toast

If Jonathan says yes he did, then GEJ wilfully opened himself to a long road of investigations and litigations

seunmsg:
You mean he should refuse to obey a valid court order? What's wrong in testifying to clear Metuh, a former publicity secretary of his party? Is Jonathan bigger than the law and our court? Sigh! The way we preach and support impunity due to partisan support is appalling.

The subpoena is in order.

But why issue it on monday and expect GEJ to appear in court on Wednesday? The judge is being smart by half. There should be ample time for the subpoena to be served. This has created a leeway for GEJ's lawyers to delay justice in this case.

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senatordave1:
This case is different mr fakity.there is no way buhari would allow a big criminal like dasuki to go on bail,its like freeing him.if he has the temerity to loot such funds without due process,he must be dealt with without due process.his offence amounts to high treason and doesnt require bail.moreover,buhari has immunity and was never summoned by any court but gej has no immunity and has been summoned.he needs to appear to clear things up.you wailers should not drag buhari into this case,its between gej and metuh.

so u telling me buhari is bigger than the judiciary?

InvertedHammer:
The subpoena is in order.

But why issue it on monday and expect GEJ to appear in court on Wednesday? The judge is being smart by half. There should be ample time for the subpoena to be served. This has created a leeway for GEJ's lawyers to delay justice in this case.

/

I like you guys, you always prove you know it all. Even more than the judge

mapet:
I like your analysis. Is Metuh trying to put GEJ on the spot? Is he trying to easily do what a PMB govt would have had the headache on how to go about it?

If Jonathan says no he didn't, then Metuh is finally toast

If Jonathan says yes he did, then GEJ wilfully opened himself to a long road of investigations and litigations

All he has to say is, "I do not remember". If they ask too far, I do not have that information. That information is domiciled with the Presidency, please forward your enquiries there."

It will even be much more easy to deny such if they order was given orally and wasnt documented. Think about it, Metuh didnt say the minister of Finance was ordered to pay him, he said ONSA. Most likely that order wasnt document and was issued verbally.

Metuh is simply acting out a script. No sound lawyer will ask for a man like a former president to be subpoenaed to court.

Its probably a scratch my back, I scratch yours scenario. Ask for Jonathan to be subpoenaed and I will ask the prosecution to go easy on you.

At least, "Jonathan testifies in corruption case", or as bloggers will put it, "Jonathan in Court over Dasuki Money", is a healthy distraction from Maina, the flaws of Crocodile smile, python dance and the $25billion dollars NNPC scandal........

seunmsg:
Your point or opinion doesnt matter when it comes to law. If you have a case in court and someone who is very critical to resolving your case is not willing to come and testify, you can legally force him to come and testify by way of subpoena and that is what Metuh has done.

On your second point, it is not in your place to tell the court that Jonathan cannot testify without permission of the current president. He has been legally subpoenaed, he must appear in court first and tell the Judge that he cannot testify without the permission of the president or he cannot remember anything about the case. The judge will then decide on the next line of action based on the facts before him. Telling him not to appear at all is contempt of court.

I am tempted to say that your point or opinion doesnt matter either when it comes to matters of law. But then again, we are not in court, we are chatting on a online public fora, a court of public opinion if you like as powered by Seun.

So long as your comment/opinion doesnt contribute to reducing Nairaland traffic, offending the rulers of the islamic section in the Religion forum, or fall into the categories of comments that breaks Nairaland rules as viewed by Nairaland Mods or spam bot, it does matter here.

This comment of yours would have made a lot of sense if I actually said anything or suggested Jonathan shouldnt appear in court.

I implied that it was wrong - or shall I say unwise - to subpoena Jonathan to come to court if he was unwilling to help, why?

Because his appearance in court doesnt guarantee help from him in anyway. A simple high powered delegation as raised from within the PDP would have been enough to get an answer on whether he will testify on your behalf or not. Not a formal letter from a lawyer he has no business with.

If he want to help you fine, if not look for help elsewhere. No sound lawyer will advice a subpoena of an ex-President because it create a lot of knotty issues.


If you even have a strong sense of history, Abdulsalami was invited to the ICC to testify concerning Abiola's murder case and he wanted to go.

A simple letter from the Presidency as signed from Obasanjo made it abundantly clear that he risks a 20yr Jail term - quoting relevant sections of the Nigerian constitution - if he goes to discuss in open court, matters that relate to his activities as President, a reasonable number of which are classified.

Abdulsalami forwarded Obasanjo's letter to the ICC, the matter died a natural death.

Jonathan on the other hand can and most likely will honour a subpoena from a Nigerian court, all he has to do is remind them that he cannot remember and ask them to seek clarification of such orders from the Presidency.

So why subpoena someone who can make your case worse. Normally you invite someone to testify in your defence, your lawyer will first sit him down and establish what he or she should and shouldnt say in court, questions and answer will be vetted and then you parcel up the person to court. In this case, you subpoena the person, who doesnt appear willing to testify in your defence and you think he will help you build your case?

But then again, the real question is, "Will President Buhari give permission for Jonathan to appear in court and discuss freely as he ought to?". Especially when it could set a precedence where someone too may subpoena him to court after he leaves office. Of which, many things exist in our time that can warrant a subpoena for him to come and explain, especially if the Presidency falls into the opposition hands or the hands of someone who falls out with him later on.........

adem30:
I like you guys, you always prove you know it all. Even more than the judge

GEJ will not be in court on Wednesday.
Watch the turn of events. Education goes with common sense also. Even the court has due process.
There is no justice in Nigeria because the same judges that give court orders create loopholes for it to be flouted. At the end, the public is hoodwinked and everyone goes home happy.

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adem30:
I like you guys, you always prove you know it all. Even more than the judge

Are you learning?

Case postponed!

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All of them na thief