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T0nyeBarcanista's Posts

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Politics / Re: Falae Must Return In One Piece, Fani-kayode Warns FG by T0nyeBarcanista(m): 10:03pm On Sep 21, 2015
Hmmm..someone wants the FG to hurriedly pay the 100 Million Naira ransom or else he would blackmail the president.

It is now clear who the abductor is...I expect the IGP to quiz him, he knows more to this.
Politics / Re: biased Nairaland Mods- Why Has T0nyebarcanista Not Gotten A Ban? by T0nyeBarcanista(m): 9:52pm On Sep 21, 2015
menabadoo:
Why has the aforementioned moniker not gotten a ban, I thought moniker cloning shouldn't be tolerated, why should his topic be making FP?
I see bias

Because:

1. A moniker is not a name.

2. Many people share same full names talk less of monikers.

3. No Nairaland rule is against the use of number characters in a moniker.

4. I am Barcanista, you may hate me 'cause I wail no longer...but no attempt to lynch me will succeed.

5. Whoever recently joined NL and shares a similar moniker with me is welcome as a friend.

6. People should get busy with more important issues.

Peace Out!!!


PS:<<check my signature>>
Politics / Re: Spot The Difference T0nyebarcanista And Tonyebarcanista. by T0nyeBarcanista(m): 9:36pm On Sep 21, 2015
1. A moniker is not a name.

2. Many people share same full names talk less of monikers.

3. No Nairaland rule is against the use of number characters in a moniker.

4. I am Barcanista, you may hate me 'cause I wail no longer...but no attempt to lynch me will succeed.

5. Whoever recently joined NL and shares a similar moniker with me is welcome as a friend.

6. People should get busy with more important issues.

Peace Out!!!


PS:<<check my signature>>

9 Likes

Politics / Re: Where Saraki's Lawyers Goofed - By T0nyebarcanista by T0nyeBarcanista(m): 9:18pm On Sep 21, 2015
20pounds:



My brother, you are very WRONG. Your submissions in the post portray you as a layman that applies morality and common sense to law. Both are different and can never meet.(Lord Denning).

1. You appeal the jurisdiction of trial Court in a higher Court and not the same Court. Where you do so, hearing of the matter automatically stops till a decision is reached on jurisdiction.

2. Saraki did not institute an action with the CCT as a party. His contention was that the office of the A-G federation was vacant and as such it cannot prosecute him.

#My Opinion; he was wrong on this one. In A-G Kaduna state v Hassan, it was held that where there is no substantive A-G, the solicitor General or any other officer in the office of the A-G cannot enter a nolle prosequi. In A-G fed v ANPP, it was held that the office of the A-G is a corporation sole and can prosecute persons even where there is no substantive A-G in place.

Saraki's Lawyers were not wrong to seek interpretation of the law on these two cases cos they have posed a conundrum to a lot of persons and Lawyers.

3. You argument is devoid of sound logic and point of law. It shouldn't have made frontpage.

Your first point just supported my argument. Yes it is common sense that an appeal regarding matters of jurisdiction is filed in a court of higher jurisdiction. What I am saying, which you have indirectly corroborated is that YOU MUST FIRST REGISTER YOUR STANCE ON THE JURISDICTION OF THE TRIAL COURT AND WHATEVER TECHNICAL ISSUES ON THE WRIT OF SUMMONS, WAIT FOR THE TRIAL COURT TO TAKE A STANCE BY RULING BEFORE DECIDING ON THE NEED FOR AN APPEAL OR NOT. YOU DO NOT SKIP ONE STEP IN LAW. You cannot build something on nothing, an appeal to a higher court is only valid when you have a ruling you wish to set-aside.

You also got it wrong when you claimed that the CCT was not a party to the FHC suit....funny enough, the CCT was equally put on notice as a respondent..

verbum sat sapienti

1 Like

Politics / Re: Where Saraki's Lawyers Goofed - By T0nyebarcanista by T0nyeBarcanista(m): 7:10pm On Sep 21, 2015
sunnyb0b0:


Point of correction, Saraki is not challenging the jurisdiction of ye CCT but the administrative process of his charge. He is very much in order in tge eyes of the law.
According to the constitution...."The question of whether or not such protocol as mentioned above has been followed shall not be asked"


The constitution already took care of that.

Notwithstanding, if a defendant has any complains about the writ of summons, he can only table it before the trial judge as he honours the summons. Just like challenging jurisdictions, challenging the technicality of the case is a matter of jurisprudence very well recognised.

Many cases have been struck out on technical grounds alone.

He was wrong to file that challenge in a different court, treating the trial court with utter disregard.

30 Likes 6 Shares

Politics / Where Saraki's Lawyers Goofed - By T0nyebarcanista by T0nyeBarcanista(m): 6:50pm On Sep 21, 2015
Many SANs, including Saraki's lawyers have critically complained about the CCT's disregard for the authority of the Federal High Court.

Let us ignore the fact that they later shot themselves in the feet when they realised their mistake and ran back to institute exactly the same matter at the Court of Appeal.

Apparently, Saraki's lawyers did not realise the following and may need to be schooled further on why their action at the Federal High Court was a nullity:

1. When you are charged to a court....any court at all....and you wish to challenge it's jurisdiction, you do so right in that same court.

2. If the CCT ignores your application and rules that it has jurisdiction, then you appeal its ruling.

3. The constitution has already clarified which court is capable of reviewing the Ruling of the CCT.

4. No where in jurisprudence, is a plaintiff permitted to sue a court as a party to the case, the only provision is to appeal its ruling.

5. The CCT is a specialized court similar to the Election petition Tribunals. Appeals from them go directly to the Court of Appeal. These tribunal panels comprise high court judges of coordinate jurisdiction.

6. An invitation of the high court judge to both parties, asking for them to show reason why they feel the high court should not issue an interlocutory injunction stopping CCT is no way an Interlocutory Injunction already.

7. Saraki's disregard of a substantive court summon in the absence of an Interlocutory Injunction was a direct request for a bench warrant.

While it is very clear that the CCT has given Saraki and his lawyers utmost respect and regard by withholding the bench warrant, believing that as a responsible citizen, he will honour the summons on Tuesday, let no one be in doubt about the CCT's utmost power to arrest, detain and lock behind bars, any accused person who shows open brigandage and disregard for the court's authority, no matter how highly placed.

281 Likes 33 Shares

Politics / Re: Scores Feared Dead As Multiple Explosions Rock Maiduguri by T0nyeBarcanista(m): 9:16pm On Sep 20, 2015
The mere fact that after so long, we can once again regard bomb explosion news as "Breaking News" shows that PMB has been working hard to eradicate Boko Haram. And as predicted, just as a wounded dog, the Boko Haramites can only resort to attack soft targets as the last straw on a camels back.

Hence...as patriots...we must stand with the president and the gallant Nigerian Army on this one.

But one very interesting dimension which I will like critical thinkers to ponder upon and analyse is the following:

Just this weekend...Saraki got into trouble and PDP seems to be on the rescue. This is a party wherein a school of thought believe is known to always distract Nigerians from corruption news headlines by bomb explosion headlines.

So, this same weekend, they released a statement calling Buhari an OFFICIAL TERRORIST.

This same weekend again...an AUDIO...not a VIDEO....an AUDIO (i.e a medium not easily verifiable and highly unlike the real Shekau) of Shekau calling Buhari a liar ...

This same weekend too, multiple explosions occurred in Maiduguri, killing innocent Nigerians as usual.

Well, the questions begging for answers are:

1. What is the link between SHEKAU and CORRUPTION?
2. When did Shekau start releasing Audios rather than Videos?
3. When did Shekau start mentioning/discrediting political parties?
4. Why did all these happen on this same critical weekend?

Answer:
The answer is very simple...when you fight corruption, corruption fights back harder. But if we all harness our resolution against them...we will crush them soonest and totally.

As GEJ said...Boko Haram is part of the PDP government,.....
as Azazi said....Boko Haram is PDP...and...PDP is Boko Haram

#IStandWithBuhari

28 Likes 8 Shares

Politics / Re: Why Is There No Immunity For The Senate President? by T0nyeBarcanista(m): 9:29am On Sep 20, 2015
The law did not plan to have a criminal as Senate President...that's why.

1 Like

Politics / I Have Seen The Light...returning To The Progressives. by T0nyeBarcanista(m): 11:08am On Sep 13, 2015
I know many will hate me or call me names, but enough is enough.

There is a time in a man's life, when you sit back and reflect on the past.

Yes, wailing is good, but only when you have a just cause.

How can I continue wailing when Power has improved and more is on it's way?
How can I carry on wailing when peace is gradually returning to the N.East which GEJ had claimed was impossible and we have to live with it.
How can I continue wailing when every civil servant now knows how risky it is to steal or collect bribe?
How can I continue to wail when our refineries are working with little or no explanation?
How can I continue to wail when PDP as it is, has no bearing, philosophy nor principle?



From the body language of Buhari, even the PDP knows Nigeria is on it's way to greatness. If Obasanjo can attest to that, if Metuh can concur with that, then for me to Wail? No way. Enough of wailings...let us come together to build a society that we can all be proud of.

I have decided to return to the progressives.

14 Likes

Politics / Re: The State Of Nigeria Under President Buhari by T0nyeBarcanista(m): 10:56am On Sep 13, 2015
...

3 Likes 2 Shares

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