₦airaland Forum

highmood:
Cooperate with Nigeria police? Do you consider thier dilly- dallying or thier corrupt nature? Mind you no one is ready to lose a loved one because they are waiting for our incompetent, lying police force to display thier "unprofessionalism" in rescuing thier loved ones. Also Nigeria criminals are not white men who may still have compassion, they are ready to heartlessly waste lives. I believe Olu Falae's family have done well to an extent. The police should now display thier professionalism by tracking down those criminals(not innocent people as they normally do) and bring them to thier "book".

I understand the perspective of your response. However, we are no less guilty of injustice if we cannot judge each case on its own merit or demerit. I have had the privilege of meeting the IGP when he was a DIG. He is an efficient law officer. He went down to Akure in person, deployed state apparatus and combed the trail. eventually Chief Falae was released without direct engagement of police with the criminals. Note that the original ransom was 100m. Falaes reportedly paid 5m. something made them to hurriedly settle for less and escape.

Compare the above to Chibok girls whose abduction was ONLY ACKNOWLEDGED by govt after one 8 full days. If the same "show" of force had been deployed for the girls, we probably won't be talking about #bringBackOurGirls. Perhaps GEJ till 2019 wouldn't have met fatal resistance.

The police barked even if they couldn't bite. that with all other factors got the job done. wailers can continue to wail or cooperate to move us forward. Heck, you know why you do what you do

Not many Nigerians have the the privilege of high powered police security. For what it is worth I believe Falae family will do well to cooperate with the IGP instead of side talks.

I guess Dr. Abati is undergoing his Epiphany. As you can see, defending corruption places a heavy burden on an otherwise noble soul.

Another abrupt political end for Hillary hater. Newt Gingrich had to resign too.hate kills

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Except the exit of NOI, the Ministry of finance -responsible for coordinating the economy - is still controlled by PDP appointees.

Given the economic quagmire in which the nation found itself towards the end of GEJ administration, PMB has been constrained to work with these civil servants.

The civil servants are responsible for helping the new administration retrace the steps taken which led to the quagmire.

An insider source said at a heated meeting in June, the prevailing principle was: it takes an "initiate" to trace the escape route of another "initiate" on a rocky path.PMB does not want his cabinet to be blamed for what they couldn't possibly unravel given the web of intricacies of the economic hemorrhage.

The time given for "retracing" is already running out. it will be recalled that PMB expressed concern over his time bound plan for September. Once the "Zero based" budgeting policy is fully "applied to appropriation" within October, the new administration will be able to inject "fiscal stimuli" into the economy.

The Power of Body Language LoL!!!!!!

TO WHOM IT MAY CONCERN, so far the Commander-in-Chief of The ARMED FORCES is PMB, He is Protected by God and Unwavering in FIGHTING CORRUPTION, Nigeria will bulldoze every mountain of corruption no matter their numerical strength. if you like initiate every legislator or judicial officer or executive into a cult of opposition. You will see the Sahara spring with full force. mark it. it is not a threat it is a covenant. God save the President! God save Federal Republic of Nigeria!!

Witchunting is not a defense against crime it is the song of corruption demon possessed culprits. π π it is not # only us oooh.§§§§ @@ΔΔΔ. Whenever and however you are called upon, be happy to be exorcised and be free from this plague!

Court orders are not given in vacuo. the court must do justice to plaintiff, defendants and the society at large. The refusal of the court simply indicate a balance of justice.

Be you ever so high, the law is above you. there is no shame in standing trial to clear your name even before your perceived enemies and also shame your adversaries. Dr Saraki shld just do the needful!

TonyeBarcanista:
Gbam! See Atiku today, he can never be anything. Same with Olabode George and others!

You are a born-activist. enfant terrible! quote me in the fullness of time.

Dhugal:
Again,you conflate issues.The Fifth Schedule established Code of conduct for public officers,the CCT,functions and interpretation thereof,but never as a superior court of record.Chapter VII took care of all that.Many other bodies were also established by the Constitution and as with the CCT,none given powers of superior courts except those listed in Section 6(5)a-i.As such,the pronouncement(not judgement) of the CCT sets no legal precedent though it is right for it to be appealed and for the CA to make a definite pronouncement on the issue.Saraki has done just that.That is by the way.
The main issue here is what gave rise to the FHC order and whether the CCT was right to have gone in contempt of that order.
That order rightly sought to review the CCB's (as opposed to CCT) processes leading up to Saraki's arraignment before the Tribunal and not to interfere with the Tribunal's proceedings as such proceeding was NON-EXISTENT as at the time the interim order was issued.The CCT was wrong to have held that valid order in contempt.
The process leading up to Saraki's arraignment was perverted,to say the least and on the strength of those technicalities,we are likely to see Saraki walk free at the end of the day,regardless of whether he's guilty of the charges or not.
You guys should do well to remember or read up the case Adolphus Wabara,another SP during OBJ's era,and what became of it due to the right process not being followed by the prosecuting authorities.

If the law is simple as you are putting it then we should not have argument about it.

Three things are not disputed.
1. CCT says it is not answerable to HC -
2. FHC summoned CCT chairman
3. Saraki has filed his appeal.

Just this morning Agbakoba who held your view said summoning CCT is not a proper order to make. because even courts don't summon magistrates, court martial, etc they only review the process subject to acceptability and legality of the review process. If you review and you make an order that I can't find legal reason to obey you are on your own. That is the case we have at hand. CCT says it has no legal reason to submit to FHC.

Well if Saraki lawyers are sure of the power of FHC why couldn't they return to it to set the bench warrant aside. why go to court of appeal? Isn't that the way FHC handle disobedience to court order?

But they have gone on appeal because CCT is holding its ground based on its perception of law rightly or wrongly and the FHC can do nothing about it because it is not as legally simplistic as you are putting it.

Agbakoba has suggested a judicial restatement by the CJN. as the way out. better still quick intervention by the court of appeal.

My personal view.
It offends the spirit and letters of the law to subject CCT to all manners of judicial reviews because the jurisprudence of new criminal justice admin forbids delay in dispensation of justice. Right of appeal is there under S246 CFRN.

imagine A goes to FHC to challenge the jurisdiction of a tribunal established by constitution. FHC sits on the matter for 12 months. Gave a judgment and matter goes on appeal. it sits there for 24 months and goes for final appeal and sits there for 36 months. then substantive trial starts afterwards! Are we fighting corruption or romancing it?

let the trial be at the instance of the devil the righteous will triumph. but let the trial be at the instance of an angel the unrighteous will lose. so what the heck?

James Hadley Chase. Eku ise. sonu da aiki

TonyeBarcanista:
Nigerians of good conscience irrespective of political or tribal affiliation have the mandate to support the fight against corruption. Saraki has the moral obligation to step aside and explain his own side of the story to the Judge before he drags the office he occupies and the institution of Senate into the mud. This however will not stop our call for the prosecution of others the found wanton.

well said

OlaBlaize:
Judgements of the CCT, just like that of Court Martial can only be taking to the court of appeal but their process is subject to Judicial review of the Federal High Court. Take a look at the case of the dismissed soldiers who fought in the North East, they went to the FHC to stop the court martial proceedings, citing a breach of their fundamental right of fair hearing

if my FHR is violated manifestly by the supreme court, I can approach FHC for redress. but ultimately my appeal will be determined by Supreme court. Saraki can get redress for FHR but he cannot stop his trial at CCT.

Dhugal:
The Court Martial is a judicial organ and is constituted of qualified jurists,though mainly in military law.Get your facts right.

Election Petition Tribunals,though of ad-hoc nature,were established as courts of record in Chapter VII,Part III of the Constitution.Same Chapter established all the other superior courts of record too and enunciated their various jurisdictions,compositions,powers and functions.The CCT and other inferior courts are conspicuously missing there.
Again,JUDICIAL REVIEW of a legal process does not equate sitting on appeal of judgment emanating from said process.Stop conflating/confusing the two.
The Constitution ousted judicial powers to reverse impeachments,but not the power to review the process.That's why some impeachments have turned a nullity due to irregular processes.

If you are a lawyer you should no by now that CCT proronouncement as to its character is the law of the land until that pronouncement is overturned by court of appeal on the strength of its appellate jurisdiction under section 246. CFRN You should also know that CCT is a creation of the constitution under 5th schedule. the whole of the 5th schedule is devoted to CCT. impeachment procedure is in conjunction with State CJ. NJC has no role in court martial.
If the constution gives appellate jurisdiction to Court of Appeal can we not settle all issues through appeal?
cite just one law that gives HC the power to control the proceedings of CCT.

In fact I can argue that FHC is superior to CCT but my argument goes to no issue because the only authority we have now is the pronouncement of CCT that it is not subordinate to FHC. to make matters worse FHC cannot overrule CCT. only court of appeal can determine the question because it is the only court with direct appellaye jurisdiction. so what is the point!

OlaBlaize:
Judgements of the CCT, just like that of Court Martial can only be taking to the court of appeal but their process is subject to Judicial review of the Federal High Court. Take a look at the case of the dismissed soldiers who fought in the North East, they went to the FHC to stop the court martial proceedings, citing a breach of their fundamental right of fair hearing

nothing prevents a litigant in a high court to approach another high court on threat to his FHR by the first court. but then the court of appeal is there as the appellate court. the decision of Courts of coordinate jurisdiction have only persuasive authority. ask your self can the authority of FHC bind an election tribunal or CCT. the composition of martial courts is different from CCT. the former is constituted by soldiers whilst the latter is constituted by a retired judge or someone qualified to be a judge. the process has the input of national judicial council because CCT is a judicial organ. court martial are constituted by the military hierarchy.

we can only give legal opinions here. the law as it is today is that which CCT pronounced about itself as a superior court with coordinate jurisdiction. if you feel it is wrong, nothing can be done except by appeal to court of appeal

The article is nothing but half truth. the test of superiority is not done by itemization of superior court but by the power conferred on the court.

CCT (unlike all inferior courts such as magistrate court) has the power to have its matter determined directly by the court of appeal. it has power to convict for contempt howsoever occurring.

"such other courts" is different from "every other court" and by rule of interpretation "ejusdem generis" you can only include courts with cognate powers under S6CFRN.

CCT cannot submit to the jurisdiction of FHC but CCB can. the reason is that appeal from CCT goes to court of Appeal. and CCT is a creation of the Constitution. CCT is a superior court of record by by the combined effect of section 6(5)(j) CFRN 1999 and Sec15, Fifth Schedule CFRN. To argue otherwise is to put election tribunal at the mercy of high court jurisdiction. if FHC is superior to CCT, appeals from CCT will not go to the court of appeal but to the FHC. the decision of CCT can only be quashed by court of appeal. The only way to challenge the jurisdiction of a court is to start from the court itself.

Any enactment that purports to limit the power of AGF officers as conferred on them by s174(2) CFRN is null and void. this is because the constitution is supreme.

A honest writer must ask himself why does the the constitution make appeal from CCT to Court of Appeal if a high court has power ab initio to supervise CCT?

Mama's legacy is happliy alive. let the maggots of corruption, patients of failure syndrome, jesters of wickedness and demons of "wailerhood" go and mourn on the grave of their own calamities. Mama is an achiever in every material respect.

he may not be docked until the CCT rules on his objection. but he will do well to be humbly seated in court to avoid further embarrassment.

ibedun:
You should stand back and let real neutral minds argue this out and educate us as we go along.

Please step aside.

I agree with you on your estimation of chukwudi44. he argues from the position of utter prejudice.
CCT cannot submit to the jurisdiction of FHC but CCB can. the reason is that appeal from CCT goes to court of Appeal. and CCT is a creation of the Constitution. CCT is a superior court of record by by the combined effect of section 6(5)(j) CFRN 1999 and Sec15, Fifth Schedule CFRN. To argue otherwise is to put election tribunal at the mercy of high court jurisdiction. if FHC is superior to CCT, appeals from CCT will not go to the court of appeal but to the FHC. the decision of CCT can only be quashed by court of appeal. The only way to challenge the jurisdiction of a court is to start from the court itself.

MizMyColi:
Chief FireFire
Most people who are calling for the head of Saraki are doing so because he dared stand in the path of the Jagubantis of Bourdillon, if it were Tinubu in this mess, your opinion will be like a lone wolf in the wilderness because you will see the same people who are verbally hounding Saraki do a 360 degree.

You on the other hand want the rule of law followed, right?
Do you honestly think that the CCT got it right this time? What is all this tussle about?
If this is not what we clearly know it to be, proper channels would have been followed and Saraki convicted.....looong before 2015!
Why now? Why now?
Why oust Saraki and enthrone a higher level corruption that will consume us all.

My conscience is my guide on this....and so is many of us.
If it gives anyone a sense of peace to declare that we support corruption, good and fine.

But even you, and everyone else know that this is extreme political witch-hunting for daring the powers that be.
It's just that some of us want to sound politically correct at all costs hence the "kill him kill him" chant.

Saraki whether convicted or not, in my opinion is a treacherous no gooder. He is a betrayer without compare and probably a thief as he's been labelled.
Still,
I have no pity and sympathy for people who knew the right thing to do all along but kept mute, waiting for a highest bidder to come around. No I don't.

Sen. Tinubu has had his day in court. unlike ill-advised Sen. Saraki, he challenged the jurisdiction of the court right in the court. not from another court. Saraki may be a victim but he must not act as if he can call the bluff of any judicial officer it is a fatal risk.

chukwudi44:
More reactions will come in the comming hours and days!! It was very wrong for the CCB to ignore the FHC's order!!! Saraki can as well chose to ignore the CCT's order and that would be the begining of anarchy

There was no order but a notice of motion for the order to be made. the court merely asked Dr Saraki to put other parties on notice.

chukwudi44:
You people and propaganda!!! The battle to remove Saraki as Senate President through the courts is still a very very very long one. Saraki would challenge the CCT's jurisdiction to the supreme court before the trial proper even commences.After the trial, whatever unfavorable judgment would also be challenged to the supreme court. In the end four years would not be enough to prosecute this case.

Your celebrations are just too premature

Before Bode George could reverse his coviction, he had served out his term. CCT proceedings are more or less very brief. before Saraki reaches the step of Court of Appeal, CCT will have made its pronouncement. It maybe or not be in his favour. Truth is, even the CJN cannot call the bluff of a magistrate court once police is ready to execute its judgment no matter the error. only a court can set the error aside. The most effective way to challenge the power of a court is through the court itself. which you must do respectfully.

chukwudi44:
In the midst of all this conflicting interpretations,i think the status quo should be maintained until the appeal or supreme courtss rule on the matter!!

Am afraid, the 2 actions will run concurrently. only that failure of saraki to defend himself properly at the CCT will result in his conviction. CCT will treat FHC as if it does not exist until Court of appeal rules to the contrary.

CCT is a superior court of record by by the combined effect of section 6(5)(j) CFRN 1999 and Sec15, Fifth Schedule CFRN. To argue otherwise is to put election tribunal at the mercy of high court jurisdiction. if FHC is superior to CCT, appeals from CCT will not go to the court of appeal but to the FHC. the decision of CCT can only be quashed by court of appeal.

Chosen1984:
Ha

what is ha?

thenationonlineng.net/police-vow-to-arrest-saraki-without-delay/

The PRO of the Force, has said that the Police will effect the arrest of the Distinguished Sen Saraki, Senate President, without delay. since this is weekend, the distinguished senator may be a guest of the police for more the 24hrs. we hope the matter will be resolved peacefully with all parties recognizing that the new Sheriff in town will not interfere with due process of law.

manny4life:
This are honest questions:


1. Does the Nigerian Constitution grant powers to a justice to issue a bench warrant against an elected official?

2. The Supreme Court is the highest court, and, I may be wrong but I thought they resolved the issues bordering on immunity clause?

Please no insults, just need clarification on how Nigerian laws work.

Only the president, VP, gov. and Deputy Gov enjoy constitutional immunity. othes have no immunity.

Mr Femi Falana, SAN, belongs to everybody and belongs to nobody. His NGO, SERAP, has been in the forefront of human right struggle in Nigeria. He has a standard to which Nigeria can hold him accountable.

zegbeye:
Of course we know when die hard propagandists of this aimless government are at work.The truth is you can not be twice lucky. You lots won by propaganda and lies and think you can sustain that through governance?...No way! tell your principal to as a matter of urgency get down to work because the wedding celebration is over and it is time for the marriage proper

Honestly, you made my day! you want blue print from a 3 month old govt and I told you where to look. I asked you for yours after sixteen year rule/misrule or of the last six years you started wailing! Get one from GEJ as an example of your wailing!