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Nairaland Forum / Nairaland / General / Politics / FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 (2189 Views)
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FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by kahal29: 3:46pm On Jan 14, 2019 |
Earlier today it was reported that a FHC made an interim order stoping the arraignment of justice Onnoghen at CCT which technically would halt his ongoing trial at CCT which commenced today bf the order was made. However in an interesting Supreme Court judgement delivered by justice Onnoghen in the case of Saraki vs CCB he held the view that a federal high Court cannot stop the sitting of the tribunal..... In his words while resolving Issue No 5 he said and I quote verbatim.... I hold the view that the instant issue is an attempt at intimidating the Code of Conduct Tribunal, which is very unfortunate. Note: This landmark judgment did not make any distinction between when an ordinary citizen and a judicial officer is involved. It was a direct pronouncement made without knowing that one-day he will be involved. Law is good..... https://nigerialii.org/ng/judgment/supreme-court/2016/53 2 Likes 1 Share
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Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by festacman(m): 3:48pm On Jan 14, 2019 |
Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by atiku4President(m): 3:48pm On Jan 14, 2019 |
His view is not law 4 Likes 1 Share |
Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by kahal29: 3:49pm On Jan 14, 2019 |
atiku4President: His view is law because it is a Supreme Court judgement 6 Likes 2 Shares |
Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by omonaijiria: 3:53pm On Jan 14, 2019 |
kahal29: Stop confusing yourself. NJC must recommend so in this case. This judgment is totally different Find another thing to say Zombies and BMV bring it on 8 Likes 2 Shares |
Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by mycar: 3:55pm On Jan 14, 2019 |
kahal29:Then his view on this should have been considered according to you too. 4 Likes 2 Shares |
Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by omonaijiria: 3:56pm On Jan 14, 2019 |
If you have anything against CJN the Nigeria constitution makes it clear. From. Whoever to CCB, to CJN, To President, to senate In this case was it followed. So this case is different 6 Likes |
Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by buharitill2023: 3:56pm On Jan 14, 2019 |
cjn should better just resign on his own, as a mark of respect, because nothing he can do again to stop his trial. 5 Likes 2 Shares |
Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by omonaijiria: 3:57pm On Jan 14, 2019 |
kahal29: Is Saraki a judicial officers Ore mi your OP holds no water 3 Likes |
Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by Nobody: 3:59pm On Jan 14, 2019 |
why the brouhaha,pls lets see how the fg will fare against his san(s).saraki's own luks promising to them at its inception only for it to be futile on the long run.i tell you.this man will never be indicted but some hidden benefit is in it for fg |
Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by CanineOfJackal: 3:59pm On Jan 14, 2019 |
kahal29:You are just a boy with slur speech so don't go into law matter I beg u 3 Likes 1 Share
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Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by CanineOfJackal: 4:00pm On Jan 14, 2019 |
omonaijiria:LOUD IT FOR HIM 3 Likes 1 Share
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Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by EdoBoyJazzie: 4:02pm On Jan 14, 2019 |
Stupid thread 1 Like |
Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by ImperialYoruba: 4:05pm On Jan 14, 2019 |
atiku4President: Who said this, ....a Nigerian? One day this guy will be looking for vote to be a lawmaker in this country. Do you know what a Judge does? Interprete the law. Anyway, this is a precedence. 2 Likes 1 Share |
Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by atiku4President(m): 4:11pm On Jan 14, 2019 |
ImperialYoruba: Do I have to help u expose your ignorance the more? 1 Like |
Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by nonsobaba: 4:12pm On Jan 14, 2019 |
Oh this is lovely. It means the CCT can totally disregard the useless FHC judgement and go about its business of docking the chief justice to answer for his crimes. 2 Likes 1 Share |
Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by kahal29: 4:19pm On Jan 14, 2019 |
nonsobaba: That's the point 4 Likes |
Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by Sirjamo: 4:21pm On Jan 14, 2019 |
omonaijiria:So, if Onnoghen commit murder now, the executive will first take permission from njc to prosecute him despite he's the chairman of njc? 2 Likes |
Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by omonaijiria: 4:23pm On Jan 14, 2019 |
Sirjamo: Ignorance is affecting you Go and change the constitution bmc una never see anything Wait till 17 4 Likes 1 Share |
Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by omonaijiria: 4:24pm On Jan 14, 2019 |
nonsobaba: Means nothing There is a procedure for case like this which the FGN is ignorant and foolishly avoiding |
Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by fergie001: 4:27pm On Jan 14, 2019 |
Sirjamo: You also supported that Ganduje has immunity,so with the stuffed dollars,nothing can happen to him.. So,if Buhari commits murder now,nothing will happen because he has immunity,so permission will be taken from him from the NPF and other agencies of government within whom he is head... My brother,Law is Law... If you don't like it,let's fight for it to be repealed rather than a wild-goose chase. |
Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by JusticeSeeker: 4:36pm On Jan 14, 2019 |
I've realized that many of these e-warriors on Nairaland are illiterates. How can a court of coordinate jurisdiction stop another from executing it's function. Strange to law. 2 Likes |
Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by PaChukwudi44(m): 4:42pm On Jan 14, 2019 |
mods Kindly correct this headline.Justice Onnogen never made such an order like the OP stated. He only stated that there any order from the federal high court stopping the tribunal from sitting. The OP is simply been mischievous 1 Like 1 Share |
Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by Corrinthians(m): 4:43pm On Jan 14, 2019 |
Booom! Pigs what you say? He actually said this himself! 1 Like |
Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by PaChukwudi44(m): 4:44pm On Jan 14, 2019 |
JusticeSeeker: The CJN will never show up before the CCT.Suck on it 1 Like 1 Share |
Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by baralatie(m): 4:45pm On Jan 14, 2019 |
This is an except from the judgement delivered by the supreme court in the case of saraki vs cct .Note the bolded I have carefully gone through the record particularly the order of the Federal High Court in suit No. FHC/ABJ/CS/775/2015 issued on the 17th day of September, 2015 and reproduced at pages 946 - 949 of Vol. 2 of the record and the judgment of the lower court on the issue particularly at pages 1243 - 1244 of the record and I have no hesitation in agreeing with the decision of the lower court on the matter. The lower court found/held as follows, inter alia- "It is apparent on the face of the record of appeal that the tribunal was misled into believing or thinking that the Federal High Court made an order "barring" it from sitting. There was[b] no such order.[/b] The order of the Federal High Court reproduced above, merely directed the main respondents "to appear before this court And show cause why the interim orders of injunction being sought by the plaintiff/appellant should not be made " The respondent to the Appellant ex-parte application could "appear" before the Federal High Court either by themselves or by their legal practitioners* to react to the appellant's motion on notice for interim injunction. The order of the Federal High Court did not ask the Tribunal to stay proceedings or further proceedings in the case, the subject matter of this appeal Since there was[b] no order by the Federal High Court directing the tribunal to stay proceedings, the argument of the contending parties on whether or not the tribunal is a superior court having coordinate jurisdiction with the Federal High Court are merely of academic relevance." [/b] the present ruling by the Fhc abuja BARRED the cct from hearing the matter which means that the cct cannot rely on the saraki vs cct case as a precedence. |
Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by JusticeSeeker: 4:48pm On Jan 14, 2019 |
PaChukwudi44:That doesn't stop the fact that he's a known criminal who's only using legal technicalities to dodge justice. |
Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by baralatie(m): 5:20pm On Jan 14, 2019 |
baralatie: |
Re: FHC Cannot Stop Or Stay Proceedings Of The CCT - Justice Onnoghen 5th Feb, 2016 by jom28gy(m): 5:30pm On Jan 14, 2019 |
It was an obiters dictum, a statement by the way,does not stand in law,but can only have a persuasive effects. But has no force mechanism |
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