Prof. Bolaji Aluko (my favourite intellectual and public commentator Egbon),
I miss you a lot. I thank corrupt Walter Onnonghen for bringing you back to my radar. You have as always done a yeoman's legal job but please look at this point. There is no exclusive jurisdiction in the Supreme Court for a case filed by the Senate. That is reserved for a case between the Federation and a State or between two or more states between themselves. See below:
" 232. (1) The Supreme Court shall, to the exclusion of any other court, have original jurisdiction in any dispute between the Federation and a state or between states if and in so far as that dispute involves any question (whether of law or fact) on which the existence or extent of a legal right depends. (2) In addition to the jurisdiction conferred upon it by subsection (1) of this section, the Supreme Court shall have such original jurisdiction as may be conferred upon it by any Act of the National Assembly. Provided that no original jurisdiction shall be conferred upon the Supreme Court with respect to any criminal matter. 233. (1) The Supreme Court shall have jurisdiction, to the exclusion of any other court of law in Nigeria, to hear and determine appeals from the Court of Appeal. (2) An appeal shall lie form decisions of the Court of Appeal to the Supreme Court as of right in the following cases - (a) where the ground of appeal involves questions of law alone, decisions in any civil or criminal proceedings before the Court of Appeal; (b) decisions in any civil or criminal proceedings on questions as to the interpretation or application of this constitution, (c) decisions in any civil or criminal proceedings on questions as to whether any of the provisions of Chapter IV of this Constitution has been, is being or is likely to be, contravened in relation to any person; (d) decisions in any criminal proceedings in which any person has been sentenced to death by the Court of Appeal or in which the Court of Appeal has affirmed a sentence of death imposed by any other court; (e) decisions on any question - (i) whether any person has been validly elected to the office of President or Vice-President under this Constitution, (ii) whether the term of office of office of President or Vice-President has ceased, (iii) whether the office of President or Vice-President has become vacant; and (c) such other cases as may be an Act of the National Assembly. ( "
Bukola Saraki is a corrupt buffoon and a joker. He was getting away with fleecing Kwara, but now that he is on the national stage he is being taught a lesson by the bigger thieves in PDP where he could not clinch their primaries or APC where he was not allowed the unlimited access to steal state funds that he is used to!
Buhari will win and all these thieves (those who stole in the past and have developed a culture of stealing and corrupting the judiciary and the corrupted judges) will run away from Nigeria.
Cheers.
IBK
IBK
_________________________
Ibukunolu Alao Babajide (IBK)
(+2348061276622) / ibk2005@gmail.com
AN ENGLISH NURSERY RHYME
The law locks up the man or woman
Who steals the goose from off the common
But leaves the greater villain loose
Who steals the common from off the goose
The law demands that we atone
When we take things that we do not own
But leaves the lords and ladies fine
Who take things that are yours and mine
The poor and wretched don't escape
If they conspire the law to break
This must be so but they endure
Those who conspire to make the law
The law locks up the man or woman
Who steals the goose from off the common
And geese will still a common lack
Till they go and steal it back
- Anonymous (circa 1764)
On Wed, 30 Jan 2019 at 14:54, Mobolaji Aluko <alukome@gmail.com> wrote:
Salimonu Kadiri:In Nigeria's checks-and-balances presidential system:(1) The President can be impeached by the National Assembly, and then removed by adequate vote margin. Unless the President physically shuts down the Nass building, he cannot prevent the legislators from initiating such an impeachment move. His own cabinet can also initiate his removal, under certain unusual disability circumstances. The "victimized" President can appeal to the Judiciary to claim abuse of process, but he is unlikely to prevail.(2). The Senate President and the Speaker of the House can be impeached by special investigating committee of their peers, and then removed by an adequate vote margin. There is nothing these two Legislature leaders can do - including not convening Senate or House sittings - to prevent their removal if their peers are determined to do the removal act. They can appeal to the Judiciary to claim abuse of process, but they are unlikely to prevail.(3). The case of the CJN is totally different. Only the NJC which he chairs can discipline him, and if he refuses to call an NJC meeting whereat he sets up a panel to investigate - after hopefully stepping aside for the duration - the nation is stuck. But enter Section 231(4) of the Nigerian Constitution, which empowers the President, who, if he determines that the CJN "for any reason" - presumably moral reasons - cannot discharge his duties, he can be suspended:QUOTE231 (4) If the office of Chief Justice of Nigeria is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office, or until the person holding has resumed those functions, the President shall appoint the most senior Justice of the Supreme Court to perform those functions.UNQUOTEThe President did not even need a CCT order to do the suspension, but he went an extra judicial mile to get that order, now triggering a set of events in which now the NJC is investigating ting both the CJN and the Acting CJN that replaced him due to four petitions before it. That is how it should be.As to the innocence or guilt of the CJN, he is presumed innocent until proven guilty, but unless he is protecting his wife's vault of currencies, he does look very guilty if indeed he admitted forgetfulness and oversight in declaring such. He should have suspended himself to let the NJC investigation commence promptly, or else simply resign.Those who claim that since he confessed in written form to ownership of undeclared assets, there is a CCB law that frees him from responsibility are quite interesting. Certainly, at the bottom of every crime is forgetfulness - even of the existence of the violated law itself. One can imagine that the original ibtendment of the law is the firgeting for example a dormant account with one or two hundred naira in them, not the ownership of an island in the Caribbean, three yachts in Malta, and 100 houses at Asokoro. Haba... That is the classic case if forgetting the elephant in the the room.Finally, the elite cacophony in support of the CJN is frightening, with the NBA for example going on a two-day strike for a man most eminently qualified to defend himself. Even Senate President Saraki unilaterally filed a case against the Presidency before the Supreme Court for interpretation of the situation.One hopes that the present situation will lead to another attempt to clean up the Augean stable of our messed-up Judiciary, whose reputation even among themselves for corruption is legendary. An opportunity was lost last time around when a meek effort was done to prove the financial dealings of some lesser judges. We should not let this opportunity slip again.And there you have it.Bolaji Aluko--
On Tuesday, January 29, 2019, Salimonu Kadiri <ogunlakaiye@hotmail.com> wrote:--The Judge was caught in a criminal act of failing to declare his assets according to the Code of Conduct Bureau. He has admitted in writing that he forgot to declare his assets consisting huge amount of money in his various bank accounts in Nigeria that are in US dollars, Euro and Naira.Following your logic, a man who has admitted beheading another person has not been caught with the crime of murder until a court of competent jurisdiction has pronounced him guilty. Thus, murder by your own logic is not in the perpetrated action (chopping off another person's head) but in the pronouncement of a Judge. Regrettably, it is your kind of logic which has led to the epidemy of abuse of judicial power in Nigeria whereby murderers, treasury looters and other criminals are pronounced not guilty by bribed judges. It is the era of cash and carry judgment.
You may be correct in assuming that Buhari's appointed acting CJN is worse than the suspended CJN but assumption is the lowest level of knowledge. In the name of justice we need to be confronted with documentary evidence of false or failed declaration of assets by the acting CJN before declaring him a criminal. He may be worse than the suspended CJN but there is no evidence to buttress that assumption and, in fact, it is not intelligent to exonerate the suspended CJN of criminal trespass of CCB Act with the assumption that there are other Judges who are guilty of similar crime but yet to be caught and arraigned.S. Kadiri
Från: usaafricadialogue@googlegroups.com <usaafricadialogue@googlegroups.com> för Chidi Anthony Opara, FIIM <chidi.opara@gmail.com>
Skickat: den 28 januari 2019 17:31
Till: USA Africa Dialogue Series
Ämne: Re: USA Africa Dialogue Series - Today's Quote".....any self-respecting Judge caught in an immoral act loses the moral right to sit in judgement over others. He should honorably resign!"(IBK).
IBK,
The Judge in question has not been "caught". He can only be said to have been "caught", if found guilty by a court of competent jurisdiction(you are supposed to be telling me this).
Preliminary background check on Buhari's CJN however, revealed worst!
CAO.
--
Listserv moderated by Toyin Falola, University of Texas at Austin
To post to this group, send an email to USAAfricaDialogue@googlegroups.com
To subscribe to this group, send an email to USAAfricaDialogue+subscribe@googlegroups.com
Current archives at http://groups.google.com/group/USAAfricaDialogue
Early archives at http://www.utexas.edu/conferences/africa/ads/index.html
---
You received this message because you are subscribed to the Google Groups "USA Africa Dialogue Series" group.
To unsubscribe from this group and stop receiving emails from it, send an email to usaafricadialogue+unsubscribe@googlegroups.com.
For more options, visit https://groups.google.com/d/optout.
Listserv moderated by Toyin Falola, University of Texas at Austin
To post to this group, send an email to USAAfricaDialogue@googlegroups.com
To subscribe to this group, send an email to USAAfricaDialogue+subscribe@googlegroups.com
Current archives at http://groups.google.com/group/USAAfricaDialogue
Early archives at http://www.utexas.edu/conferences/africa/ads/index.html
---
You received this message because you are subscribed to the Google Groups "USA Africa Dialogue Series" group.
To unsubscribe from this group and stop receiving emails from it, send an email to usaafricadialogue+unsubscribe@googlegroups.com.
For more options, visit https://groups.google.com/d/optout.
Listserv moderated by Toyin Falola, University of Texas at Austin
To post to this group, send an email to USAAfricaDialogue@googlegroups.com
To subscribe to this group, send an email to USAAfricaDialogue+subscribe@googlegroups.com
Current archives at http://groups.google.com/group/USAAfricaDialogue
Early archives at http://www.utexas.edu/conferences/africa/ads/index.html
---
You received this message because you are subscribed to the Google Groups "USA Africa Dialogue Series" group.
To unsubscribe from this group and stop receiving emails from it, send an email to usaafricadialogue+unsubscribe@googlegroups.com.
For more options, visit https://groups.google.com/d/optout.
Listserv moderated by Toyin Falola, University of Texas at Austin
To post to this group, send an email to USAAfricaDialogue@googlegroups.com
To subscribe to this group, send an email to USAAfricaDialogue+subscribe@googlegroups.com
Current archives at http://groups.google.com/group/USAAfricaDialogue
Early archives at http://www.utexas.edu/conferences/africa/ads/index.html
---
You received this message because you are subscribed to the Google Groups "USA Africa Dialogue Series" group.
To unsubscribe from this group and stop receiving emails from it, send an email to usaafricadialogue+unsubscribe@googlegroups.com.
For more options, visit https://groups.google.com/d/optout.
No comments:
Post a Comment