fergie001:

You don't know what going on.....

fergie001:

Is there a constitutional provision for two or three names?

Section 231(4) is clear, the NJC recommends and send to the President the most senior justice, it isn't a tradition..
..what is a recommendation?

the action of recommending something or someone

The recommendation has been done by the NJC and forwarded to the President for appointment.

After 3 months, he can decide to appoint someone else on acting Capacity.

The NJC don't send two names to him. If he is satisfied with the person, he now forwards the name to the Senate. If he isn't, he won't...instead he will tell the NJC to pick someone else, on refusal, he will let the 3 months elapse, and pick someone else in acting.

That's the only way he can kick out Odili or whomever, just like he wanted to do to Dongban-Mensem. But nothing will happen to the CJN hopefully.

What were the names submitted alongside Aloma Mukhtar or Onnoghen or Tanko?

fergie001:

The NJC will not submit more than one name.

The NJC submits one name (usually the person presiding as most senior), first in acting Capacity....The options left for him is to keep her in acting Capacity (3 months) or use the illegal Ayade-method.

fergie001:

How does he intend to do that?

Let's just pray the CJN is hale and hearty.

Emyzoloye5:



yeah .... justice aloma muktar, Muhammud Mohammed and Walter onnoghen dissented.....

and Coincidentally three of them later became CJN's one after the other

fergie001:

I am shocked at this judgement, very very.

fergie001:

Even if the SC intends to review, the case is now academic.

There is nothing on the case. The case has expired.

Agboriotejoye:

On what basis

Agboriotejoye:

This is what ihedioha should have built his defence on at the SC

A Federal High Court sitting in Abakaliki, Ebonyi State on Wednesday sacked the State People’s Democratic Party (PDP) Caretaker Committee led by Fred Udogu describing it as illegal.

The Court also ordered the Independent National Electoral Commission (INEC) not to recognize the purported Caretaker Committee constituted by the National leadership of the PDP in Ebonyi State.

The Court maintained that the dissolution of the Ebonyi state Executive Committee of the PDP was illegal and cannot stand.

The order followed a Suit instituted by Nnachi Okoro, the Legal Adviser of the Onyekachi Nwebonyu-led PDP executive in Ebonyi state that was dissolved last year November by the national leadership of the Party, in the wake of the defection of Governor David Umahi to the All Progressives Congress.

The Plaintiff, Okoro, had in the Suit, argued that his purported removal from office, as the legal Adviser of the PDP by virtue of the dissolution of the purported State Executive Committee of the Party without fair hearing, was contrary to the Party’s constitution and the constitution of the federal republic of Nigeria, and urged the court to so hold.

The presiding Judge, Justice Aluko Akintayo, in a three hours judgement, ruled that the purported dissolution of the Executive Committee of the PDP in Ebonyi State which led to the removal of the Plaintiff was not only absurd, but inconsistent with the provisions of the Party’s constitution as well as the constitution of the federal republic of Nigeria.

Justice Akintayo noted that the party acted harshly without any evidence of wrong doing against the Plaintiff, adding that the defection of Governor David Umahi to the APC was in exercise of his fundamental human right of freedom of association and cannot be a justifiable ground to remove the Plaintiff from office.

Akintayo held that the PDP failed to prove before the court, its allegations of anti-party activities and attempts to destabilize the PDP levelled against the Ebonyi State Executive Committee of the party.

According to the judge, even if there is truth in the allegations against the Ebonyi state Executive Committee of the party, it was unfair to have dissolved them including the Plaintiff, without giving him fair hearing.

The Court further ruled that in view of section 2 of the PDP’s constitution, which is subject to the constitution of the Federal Republic of Nigeria, there was no justification for the leadership of the party to have breached its own constitution.

The Court maintained that the Plaintiff, having been duly elected to serve as the legal Adviser of the PDP, had acquired a vested right to occupy the office until his tenure elapsed.

Consequently, the court declared the action of PDP illegal, null, and void, and ordered the party not to recognize any other legal Adviser in Ebonyi State, until the expiration of the Plaintiff’s tenure.

Barr Mazi Igbo Michael who appeared for the defendants’ led Counsel, Kenneth Jamanze SAN in an interview said, they would meet and decide on the next action.

Reacting, Barrister Onyekachi Nwebonyi welcomed the judgment, saying, it is a victory for democracy.

Nwebonyi said by the outcome of the judgment, he remained the authentic chairman of the party in the state.

But the legal Adviser to the Fred Udeogu-led PDP executive, Barr Mudi Erhenede, said they would appeal the judgment, adding that they would get a stay of execution against the ruling, pending the determination of substantive appeal.

Okezie Ikpeazu, governor of Abia, says the state government pays herders N100,000 for each cow killed as a result of clashes between them and farmers.

The state government on Tuesday accused herders of kidnapping citizens of the state and of destroying farmlands with cows grazing openly.

Despite banning open grazing in June 2018, herdsmen have reportedly continued to violate the law in the state.

Speaking on Wednesday on Channels Television’s Sunrise Daily, Ikpeazu said the same sum is also paid to farmers whose farmland is destroyed by stray cows.

The governor said the initiative is meant to gain the trust of the people and to prevent them from taking the law into their own hands.

Asked what the state government is doing to enforce the law against open grazing, Ikpeazu said: ”We have a strong mechanism with which we deal with the normal and usual cattle herders. We have what we call farmer/herder conflict resolution committee from the state where the CP is chairman to the local governments where the executive chairmen of various local governments chair, and members of that committee include the Miyetti Allah, the DSS and DPO of the various local governments up until the state. And we pay compensation of about N100,000 for any cow that is killed on account of a misunderstanding between the farmers and the herders and pay the same amount for farmland verified to have been trampled on or destroyed by stray cows.

“We have used that to make sure that at least, we give some succor and buffer so that when people disagree, they can wait for that committee to look into the matter instead of taking laws into their own hands. But that is not to say that we have not recorded a spike in the activities of these criminal elements that come in kidnap, rape and kill farmers. More often than not, some of these criminal elements don’t even have a cow. We are targeting those people and we are going to punish them.”

Ikpeazu said the best way to solve the issue of farmer/herder crisis is for the federal government to tackle the root cause of the problem.

“Nigeria is not diagnosing the problem properly. The problems we face in this country are existential,” he said.

The Indigenous People of Biafra (IPOB) on Tuesday said the Eastern Security Network (ESN), its security arm, will commence the implementation of the anti-grazing law in the south-east.

IPOB had issued a 14-day ultimatum to south-east governors to enforce the anti-grazing law.

The re-arraignment of Former Abia state governor , Senator Orji Uzor Kalu and two others slated for the 2nd of February has been shifted to the 7th of June 2021.

This followed the request by the Economic and Financial Crimes Commission to transfer the Arraignment to Lagos where the alleged offence was committed by the defendants.

EFFC counsel Mr chile okoroma, told Justice inyang Ekwo that the anti graft agency has written the Cheif judge of the Federal High Court demanding that the trail be moved from Abuja to Lagos based on a Supreme Court judgement.

The counsel told the Court that the two letters dated Jan 20 and February 1 is yet to get the response of the cheif judge and consequently applied for the matter to be adjourned indefinitely.

However, justice ekwo who declined to adjourn the matter indefinitely fixed June 7th for the parties in the matter to report back to the court.

Dansuqi:


How did you get inside? Are you a counsel? Where is fergie and kahal

Igbosmoker:
i heardthe case will starts by 12 pm, its not confirm sha

Igbosmoker:
i heardthe case will starts by 12 pm, its not confirm sha

fergie001:


I was speaking about the one Justice Mohammed threw out, didn't even know this.

Another case was thrown out at the FHC, Abuja and I felt that was the one he was talking about.

Thanks.

Nonetheless, it isn't an abuse of Court Process:

In the main, the abuse of court process would occur in one of the following situations:-

(a) Where the parties, subject matter and issue in a previous and a later suit are the same.

(b) Where different actions are filed in different or the same court simultaneously in respect to the same right and subject matter.

(c) Where a party litigates again on the same issue which has already been litigated upon between him and the same person by facts on which a decision has already been reached, and

(d) Where the proceedings is wanting in bona fide, and frivolous, vexation, oppressive or amounts to abuse of legal procedure or improper legal process.

IKINNE v. EDJERODE 2001
Kadiri V. Ewuoso
Dingyadi V. INEC 2011
Saraki v Kotoye (1992)

The SC has analysed Abuse of Court Processes;
Did (a) take place?
Did (b) take place?
What about (c)?
Or (d)

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NB: If you call it an abuse of Court Process, that means cases that came up at the Edo tribunal should as well be thrown out, what do you think?

The concern should be....when was this case filed?
Was the legal process intact?
Did the Court have jurisdiction?

thatigboman:
no post the current news. U are not to determine if it is abuse of court process or not, we will.

fergie001:

Not the same case.
In that case, the argument was that Ize-Iyamu was not a registered member of the Party as he had registered under an unrecognised faction.
The Court said it has become academic and therefore threw it out.

This one is a different one and I have my reservations as well.

odiks:
Edo high Court funded by Obaseki now sensing danger overulled a FHC

thatigboman:
This is stale news. Post the one of today where court disqualified ize iyamu

fergie001:

It is not a matter of angle.

Our Courts and Judges have a subtle way of protecting Presidents & Governors from this pre-election wahala. Too numerous examples abound, which I am sure you are well aware of.

The man pursuing this case in Court has a well-documented Certificate problem himself, so it goes round to many of them.

As for where the problem lies......I will tell you after the case

oshozondii:
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