₦airaland Forum

Peterobi90:
But the hotelier was cautioned, he brandished guns and threatened anyone who came close... different calibers of people exist, moreover the law was spelt out before the incidence.

You don't understand, what was spelt out shouldn't have been spelt out in the first place. It is what was spelt out that resulted to the action.
There are far better ways of handing this issue as we see in other states and as people have Said here severally. The punishment is just overboard. For me, it an equivalent of a judge sentencing a Maggi stealer to death by hanging.

Peterobi90:
What are you people angry about?... kaduna is on lockdown for 1months and has realized 1.9m in fines under 2 weeks.. how come no attacks on elrufai?..

If police meets you outside after 8pm in Lagos, you would pay dearly for it.. how come no one is discussing that?..

I think the difference is in the mode of enforcement of the lockdown. The hoteliers in Rivers would gladly part with 5 million each than their property demolished. A car owner whose car was impounded will part with 200k as a fine than his car going to auction.
You can see the difference now. Wikes actions are on the extreme compare to other state governors.

You will not see FFK, Omokri, Timi and the rest condemn this extreme actions by the power drunk governor

This life. I thought people were insinuating that the govs are announcing audio Covid-19 for the sake of money, how come they are crucifying oga Bello for not announcing any case

nairalandankrah:
but wait, kano desperately trying to dislodge Lagos from top of table

No body is competing with Lagos on the strength of the posted results. How can almost thrice the result of Kano be a desperate competition? At this rate, the projected 120k results by July will be achieved in Lagos

Sermwell:
that technicalities doesn't hold water please.....This is a funny position by the Supreme court. Section 396(7) of the Administration of Criminal Justice Act (ACJA) provides as follows:
'...notwithstanding the provision of any other law to the contrary, a Judge of the High Court who has been elevated to the Court of Appeal shall have dispensation to continue to sit as a High Court Judge only for the purpose of concluding any part-heard criminal matter pending before him at the time of his elevation and shall conclude the same within a reasonable time : Provided that this subsection shall not prevent him from assuming duty as a Justice of the Court of Appeal.”

The apex court further held that section 396(7) of the Administration of Criminal Justice Act (ACJA), 2015 which allows the President of the Court of Appeal to issue a fiat to Justice Idris to adjudicate on the case is a nullity as it conflicts with the provisions of the 1999 constitution.

The controversial section 396(7) of ACJA, which was declared a nullity by the Supreme Court reads;

“Notwithstanding the provision of any other law to the contrary, a Judge of the High Court who has been elevated to the Court of Appeal shall have dispensation to continue to sit as a High Court Judge only for the purpose of concluding any part-heard criminal matter pending before him at the time of his elevation and shall conclude the same within a reasonable time: Provided that this subsection shall not prevent him from assuming duty as a Justice of the Court of Appeal.”

However, the apex court held that the Fiat issued to justice Idris by the president Court of Appeal President dated July 2, 2019 pursuant to section 396(7) of the Administration of Criminal Justice Act was unconstitutional.

Justice Eko held that ” the president of the Court of Appeal acted ultra vires her powers when she issued the fiat to Justice Idris to sit as a judge of the Federal High Court.

“The Federal High Court and the Court of Appeal are established by the Constitution with distinct powers and functions. The president of the Court of Appeal has no powers to assign dual powers to a Justice of the Court of Appeal to meddle in the internal affairs of the Federal High Court.

“Justice Mohammed Idris having been elevated to the Court of Appeal ceased to be a Judge of the Federal High Court and therefore lacked the jurisdiction to adjudicate on the case.

“Section 396(7) of ACJA did not give him new powers to perform dual functions.

Section 396(7) of ACJA conflicts with section 253 of the constitution which provides that: “The Federal High Court shall be dully constituted if it consists of at least one judge of that court. It is therefore a nullity.

“The implication is that Justice Idris acted without jurisdiction. It is settled law that jurisdiction is the life wire of adjudication and if a court has no jurisdiction to decide a case, the proceedings remain a nullity ab initio, no matter how well conducted and decided. This is so since a defect in competence is not only intrinsic but also extrinsic to the entire process of adjudication.

“Accordingly, the judgment delivered on December 5, 2019 I hereby set aside. The case file is to be remitted to the Chief Judge of the Federal High Court to be assigned to another judge for trial de novo.

“This is because you cannot put something on nothing and expect it to stand as the whole trial was a nullity ab initio”, Justice Eko held.

In her contribution to the judgment, Justice Amina Augie held that section 396(7) of ACJA ” has no place in our statute books. A Justice of the Court of Appeal cannot go back to the High Court and put up a new cap to president on cases. The section is inconsistent with the Constitution and is therefore null and void.”

Sermwell:
that technicalities doesn't hold water please.....This is a funny position by the Supreme court. Section 396(7) of the Administration of Criminal Justice Act (ACJA) provides as follows:
'...notwithstanding the provision of any other law to the contrary, a Judge of the High Court who has been elevated to the Court of Appeal shall have dispensation to continue to sit as a High Court Judge only for the purpose of concluding any part-heard criminal matter pending before him at the time of his elevation and shall conclude the same within a reasonable time : Provided that this subsection shall not prevent him from assuming duty as a Justice of the Court of Appeal.”

There is another thread just now on the front page. Read and see how the justices dimistify the section of ACJA you are quoting. It is quite educative.

Utchman1:
So how will you buy meet? Do you know what this would do to the price of poultry products. From this singular act, no one will bring cow or any other food item to Rivers state. Then how do we survive without meat? In all other states: Lagos, Abuja e.t.c, food items and pharmaceutical products are exempted.

If your problem is the people they are carrying in the truck, there are other ways you can handle that; like isolation or testing them since there is now a testing center in Port Harcourt. Everything is not handled with iron fist. Some thought should be applied.

I wonder why people are applauding him for that. In reality the 14 persons-7 per trailer is not out of order in moving a truck of cattle. At minimum, you have the driver, motor boy that have nothing to do with the cattle control. The remaining five people keep controlling the cows constantly, one at the back, one in the middle and at the front. Considering the journey is for days, they may need to take turns for the control. Once a cow goes down and they don't see it, it so dead automatically, the rest will match it. The best is to just isolate and test them, otherwise they should prepare for food crisis

wisekings:
yes but they smuggled 14 persons with the cows

I think they didn't smuggle people actually. If I read well, there were two trailers involved. For moving a trailer load of cattle, 7 persons are actually not too much per trailer. You have the driver, a motor boy(sometimes two), and the remaining that control the cattle throughout the journey. Moving a trailer of cattle involves a lot of efforts to control them in transit actually

Great guy. I like the way he plays

ursamajor:
Nigeria's Supreme court is slowly becoming a disappointment under CJN Tanko.

I don't agree with you, at least not on this one. The whole blame should go to the high court, who assigned an unqualified judge to deliver judgement. Up holding the judgement would be outright miscarriage of Justice to Kalu, regardless that he stole. The defence saw a loop hole in the judgement and perfectly exploited it. The supreme Court did excenlently in the case on the contrary, not acquitting him but ordering reassignment. It is a technical judgement, yes, but the whole law and court process is built on technicalities. Additionally, emotions are not part of law but facts. The fact upon which Kalu challenged the lower judgement was valid under the law.

LaIabobo:
Look as the reason for nullifying the conviction.
This is purely a bought judgement.

Some times we need to cut this judges some slack. The basis of this judgement is fair to Kalu, the lower court should be blamed. The judge that sentenced Kalu did not have any power to do so. Be it technical as it is, it is a strong point for the defence under law. The supreme Court couldn't have done otherwise once it was proven, so we cannot blame them. Infact, doing the opposite would be complete miscarriage of Justice against the defendant. He may be guilty but a new judge, qualified to pronounce it under the law will have to do so.

Peterobi90:
How did the bus get to Niger from Lagos with tens of checkpoints?...

Maybe it's time to call in the military, these NPF officers may just be toll-gates...

you don't know what you into on this security matter. In fact, the higher the uniform, the higher the bribe. E.g, Civil defence-200, police-500, Army-1000 etc. Do you know how many military check points you have from lagos to Niger, they plenty my brother. On on River Niger, there is army check point climbing and coming down the bridge, both sides, meaning four checkpoints. So it is not a matter of military

I hope he gave palliative before lockdown

This is a step in right direction, only if there is commitment to implement this. Yes, the system should not have existed in the first place. What kind of system throw children on the street with no hope of education or viable skills? I just hope this is implemented

You see? When I argue that Nigerians on average are mostly the same, some people will not be happy. What is the difference between this killers and our trigger happy police or military? Some of them must have condemn police irresponsible brutality, but given the opportunity, they are no different.

ElectGINeer:
You no get sense. Who is the average Nigerian? Government arrest people for Lagos, arrest Funke Akindele for violating lockdown order, social distancing. Abba died, the same government would not follow its own rule. Did the government do its own job?

So as you are highly sensible, violate all of your personal safety obligation, infact go to the nearest isolation center with your head full of sense and hug Corona there. Simply because some irresponsible people choose to behave irresponsibly, you will use it as a yardstick to kill yourself. Infact pact all your family members with you Mr. Sense

He is not far from the truth. An average Nigerian wheather in power or not is highly undisciplined and cannot do the simplest of the right thing. He prefers blaming another for the whole day while exhibiting the worst behavior. Nigeria has a very long way to go

quentin06:
where I stand covid doesn't exist!

I believe that salvation is personal so is personal safety.

You re just a frustrated bum, who is lost and doesn't realize it, another potential statistic in the planet of stupidity.

you sound very much what you are saying to me Mr. Salvation. No wonder you can condemn the government but you are no different from them. In your warp thinking, because government is corrupt, everyone should be corrupt, government didn't pay you palliative so everyone should disregard their personal safety and that of family and others. Weldone and clap for yourself

quentin06:
and people like your encourage irresponsibility in government.

rules should be consistent and applicable to all, people who break their own rules shouldn't wine when others break them.

responsibility goes with authority, when you try to wield authority without responsibility you have issues like this.

but your brainwashed mind can't see this, too bad.

please kindly go and hug corona because government is irresponsible so you will not take any step in safeguarding your health. The government for one is a reflection of it's people. Someone like you may likely be hundred times more irresponsible given a position of authority. Just imagine what you can do with authority, if you encourage wrong doings among citizens simply because some people in government are misbehaving, plus you are not brainwashed

quentin06:
How did they insult gov? What has govt really don't apart from locking down people?

Did you get palliative money, food from govt?

If you had responsibilities you won't be talking like this .

this is an example of what I am saying. Very irresponsible thought lines. People like you will disobey simple rules to endanger your life and that of others, simply because you didn't receive palliative. Yes I don't have responsibility, come and give me one na

This is a very responsible behavior displayed here as against so many irresponsible Nigerians we have even here on nairaland. If all of us can do our bit, it will go a long way in helping everyone, but alas many concentrate on insulting government and doing exactly what they condemn government for. With everyone taking responsibility, the government would not be threatening us with another lock down

And what is the plan for the people you are locking down

Just make sure you support them during the lock down. Don't let hunger kill them

kabe1:
.

With so many banking channels currently available to the customer in Nigeria's financial sector, why do so many Nigerians still need to visit physical banking halls?

This is what baffles me. Are they going there to collect money or deposit or what exactly?. I can't remember when last I step my feet in a banking hall. Everyone one with their own. This same people will be shouting Jonathan this Buhari that, while they cannot maintain discipline in a simple way.

9jaDoomCountry:
That is my point. God bless you .

thanks bro. Have a nice day

9jaDoomCountry:
I looked well and read the report well sir. Now see part of the report and I quote,

Lexus driver attempted to overtake the 911 driver who rather refused to give way,


So do we have to work with your PROBABLY or what the on-site report is saying.

merely looking at the picture, especially for some of us that drive, you will no there was an obvious error in the reporting, which again happen in some cases. The guy cannot be overtaking the 911 and they will have a head on collision, except what they put up there is not the actual scene.

Discombulator:
He collided with a Mercedes Benz and I'm seeing a wrecked trailer that obviously collided with the lexus,where is the Benz op

Oga that lorry you see there is Mercedes Benz o. Jokes apart, that is an actual Mercedes Benz. The reporters are correct

9jaDoomCountry:
I wasn't there when it happened but I know that it was not overtaking.

If it was overtaking how come it's head-on collision?

Nonsense report as usual.


The dead doesn't talk.

Look well na. Very possible it was overtaking. The Lexus guy probablyovertaking a car going the same direction as his. That is why he had a head on with the lorry coming from the opposite direction. Wrong overtaking is most likely

You will never see the malaria crew here. When recoveries are announced, they will be jumping up and down shouting malaria.

jawalis:
Kindle stay off. Your opinion is not needed.

next time don't display foolishness on a public forum then. Once you do that, be ready for education

jawalis:
You would have honorable stayed on your own rather than replying my mention since you had nothing tangible to offer.

all the people mentioning you are blasting your ignorance. e get why