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Nairaland Forum / Nairaland / General / Politics / Supreme Court Sacks Delta Lawmaker, Orders Salary Refund (25355 Views)
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Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by pembisco(m): 9:55am On Oct 25, 2014 |
akinsadeez: .
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Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by Nobody: 10:04am On Oct 25, 2014 |
Good judgement |
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by todayguest(m): 10:05am On Oct 25, 2014 |
The court should have also given a timeframe, for the refund to be made or risk going to jail. But, here, he will refund through out life. |
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by akinsadeez(m): 10:13am On Oct 25, 2014 |
ayindejimmy: No. you are mixing it up. He was occupying the position illegally I completely agree. But he was paid for what he rendered as a mamber. For example, let's say he attended the sitting of the house and participated in house deliberations twice, and he was paid sitting allowance for those two sessions, by law in my humble opinion, it is wrong to ask him to return the sitting allowances because he earned it. It is different from corrupt properties because any property illegally acquired was not earned. Even if the man was illegally there, he worked for the salary he was paid and to justify it you have to find a way of also returning the work that he is which is impossible. Think of this; the supreme court has never ordered salary refund before even in cases of clear and blatant rigging like Oyinlola's case. You have to ask yourself, why is this case different? |
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by nnachukz(m): 10:17am On Oct 25, 2014 |
frank442:did u really read before commenting? Is DPP now same as PDP? I just want to know please. ![]() |
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by Serendipity: 10:18am On Oct 25, 2014 |
akinsadeez: I strongly disagree with you on this. The courts verdict was condign apt. The Oyinlolas case was non sequitur because things do change, its now expedient that such punitive measures should be applied to deter people from engaging in reprehensible acts in future. = It will now serve as precedent just like Peter Obis case that saw Ngige out of office and gave Obi fresh four years. Like Obis verdic was unprecedented then so is this one now and subsequent judgement will follow suit. The judgement is slick and classic. = I endorse this judgement and deem it as virtuoso. 1 Like |
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by akinsadeez(m): 10:25am On Oct 25, 2014 |
Anaskie: jaymichael: I am very happy that at least some people understand what I am trying to say. I was expecting to be vilified for my comments. You can't mix emotions with law. I also hope the supreme court will reverse themselves at the earliest opportunity. darlenese: Gbam! Simple. infact take 1 million likes ![]() |
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by snaketail22(m): 10:25am On Oct 25, 2014 |
That what should happen to all these yeye politicians |
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by kccarew(f): 10:26am On Oct 25, 2014 |
Ha! This is run down believe me, where will he see all the cash? ayindejimmy: |
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by M4gunners: 10:35am On Oct 25, 2014 |
We have many of his type in government just fish them out. |
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by wyserose: 10:39am On Oct 25, 2014 |
hmm if this can be done to all political theifs it will be good. return all the wrongfully possesd money and salaries |
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by Sagamite(m): 10:47am On Oct 25, 2014 |
akinsadeez: Your argument fails. If someone steals a vehicle used for taxi-ing, and the courts says he should return the vehicle and all the earnings he earned while using it, do you think it would make sense for him to say "well, the court too should give me back the money I spent refurbishing, pimping and maintaining it before I give it back to the owner"? 3 Likes |
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by Amacaco: 10:51am On Oct 25, 2014 |
The supreme court's decision is appropriate. It simply means that even his contributions to debates and actions as a member of the House were null and void and of no effect as his stay in the house was wrong ab initio. Secondly, it will teach politicians a lesson that as long as they rig themselves into office, it will cost them financially. No one wants to lose money and will this curtail their electoral excesses. 1 Like |
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by eleko1: 10:53am On Oct 25, 2014 |
) ; ) ![]() ![]() ![]() ![]() ![]() ayusco85: |
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by onyebuchiii(m): 11:02am On Oct 25, 2014 |
its a good judgment..but the part of *refunding the salary is outrageous*....a labourer deserves his wages....and y dint they pass dis judgment earlier than nw...naija judiciary? ![]() |
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by DaGC(m): 11:03am On Oct 25, 2014 |
Honestly don't think he can refund all salaries and allowances. Good luck to him sha. Depressing to see some nairalanders still bringing APC/PDP ish on this matter too. Hatred is definitely a disease. |
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by mfm04622: 11:05am On Oct 25, 2014 |
Ilekere: And you are happy to displayed your poor comprehension? Do you think it is something to be proud of? |
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by mfm04622: 11:15am On Oct 25, 2014 |
Anaskie:What is intelligent in that analysis? How does the judgement set dangerous precedent? The judgment is just preventing the impostor from benefiting from his fraudulent act! You mean when we see a thief, we should just sentence him to jail? No need to collect the stolen properties from him? Imagine, the rightful owner fought up to The Supreme Court and it took him 3 years and 5 months out of 4 years. They should have charged him interest sef 3 Likes |
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by ITbomb(m): 11:19am On Oct 25, 2014 |
That is easy nah, just swear an affidavit that you are willing but not able to pay, therefore you will be paying N5 per day till the total amount is completed 1 Like |
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by Bishop(m): 11:24am On Oct 25, 2014 |
oyinlola"s case is quite different,going by the above submission,the supposed law maker gave in writting is intention to withdraw from the election and he did withdraw by accepting the refund of 2million being the cost of his nomination fee. if INEC had in error issued a certificate of return in his name why did he not refuse it since he never contested for election in the first place. i therefore uphold the judgement of the supreme court. 2 Likes |
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by saintandsinnerz: 11:26am On Oct 25, 2014 |
akinsadeez: In as much as i admire your intelligence and analytic ability, but i will add that you forget to understand that all cases are not the same. The facts of the cases you quoted may not be same with the facts and circumstances of this case. Judgments are passed in cases based on the peculiar nature of such cases not on the similarity or otherwise. 2 Likes |
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by akinsadeez(m): 11:32am On Oct 25, 2014 |
Sagamite: The two situations don't tally at all. The man who stole the car spent his money on a car which he stole himself and which he knows to be stolen. In this case, Whichever way you look at it and whether you like it or not, Inec gave the man a certificate of return meaning that as at the time he was being paid he was paid as a legal and legitimate member of the house. That means in law he was being paid legitimately for the services he was rendering as a legislator. It is absolutely different from someone spending money on a car which in the eyes of the law was stolen. To twist your own example if I buy a car at a public auction and it turns out it was stolen car. If for whatever reason the court asks me to return the car to the rightful owner, it does not make sense for the court to also ask me to return the money I earned using the car. This is because as at the time I was using the car in the eyes of the law I was the rightful owner until the judgment of the court saying otherwise. The man here earned the salaries as a legislator with a valid INEC certificate. If you have a man who was not declared elected by Inec, but one way or another was able to spend years in office, in that case the court can ask him to refund all salaries because the payment of the salaries itself was illegal. You have to look at issues deeply from the angle of the law 2 Likes |
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by sulmeza(m): 11:41am On Oct 25, 2014 |
akinsadeez:m afraid so broda...it's lyk d judge's jt followin his own rule of law,nt d one stipulated in our constitution |
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by Sagamite(m): 11:44am On Oct 25, 2014 |
akinsadeez: Mate, are you saying he was not aware he was no more the sponsored candidate of the Democratic Peoples Party before taking his seat? Has the INEC certificate he got not been declared by the courts as basically fraudulent? In your twist, you think someone that stole a car can have an argument "he believes he was the legitimate owner"? He can believe this because the government car registration body gave him certificate of ownership? 2 Likes |
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by ghost1718(m): 11:55am On Oct 25, 2014 |
anything bad is in our blood |
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by akinsadeez(m): 11:58am On Oct 25, 2014 |
Sagamite: Bro, judgment is not retrospective. Whatever the collusion between him and inec, His inec certificate only became fraudulent in the eyes of the law the moment it was declared so by the court and not a minute before. This means that until that very day that he was declared illegal, he had all the rights and privileges of a state legislator. I didn't give an example of someone who stole a car. I gave an example of someone who bought a car at a legitimate public auction not knowing he was buying a stolen car. Yes, he can argue in court that he bought the car legitimately and was given proper certificates. The best the court can do is to tell him to return the car to the original owner. the court cannot tell him to return money he earned while using the car. Why? Because until the court declared the car to be stolen, he was driving a legitimate car. 1 Like |
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by ziccoit: 12:01pm On Oct 25, 2014 |
akinsadeez: Have you ever heard about deterrent in crime cases? |
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by HonLord: 12:02pm On Oct 25, 2014 |
If such issues like this will continue happening, God has remembered Nigeria then on the purge of curroption. This will go a long way in solving the problems associated with INEC evil and candidature malpractices during election. If he cannot refund on time, his properties should be sold to the public for recovery. Simple matter |
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by Sagamite(m): 12:08pm On Oct 25, 2014 |
akinsadeez: What do you mean judgement is not retrospective? So we can only judge crime that will happen in future, not the one that happened in the past? If he is aware his sitting there is as a result of a (or his) fraud, he has no entitlement befitting the seat! akinsadeez: Well I gave an example of someone that stole a car that he knows should not be his, just like this guy stole an election that he knows should not be his. Such a person has no recourse to the law for his expenses during his illegal activities but is liable to any loss to another party as a result of it. Armed robber no fit ask for refund of his bullets before facing death sentence. A drugs courier cannot ask for refund of his flight ticket from NDLEA because he missed his flight. 2 Likes 1 Share |
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by Melikam(m): 12:09pm On Oct 25, 2014 |
Same will soon happen to our own Anambra east and west Constituency, COMRADE TONY NWOYE will soon take over and refund for Cato. Lol. |
Re: Supreme Court Sacks Delta Lawmaker, Orders Salary Refund by akinsadeez(m): 12:29pm On Oct 25, 2014 |
Sagamite: It means judgments are deemed to be operational after they are given. They don't work retrospectively. I have a feeling we will always agree to disagree. let me give a final analogy and rest my case. A man who kills someone in broad daylight with witnesses around is deemed to be innocent under our law until a competent court declares him guilty. This means he has basically the same rights of any citizen like you and I. Immediately the court pronounces him guilty however, those rights cease, not before. Same way the election of this man, even though he might have colluded with Inec is still deemed valid and with it all accompanying rights until the supreme court declared otherwise. There is no allegation here that his Inec certificate was forged. He should not be asked to return salaries earned while he was having a valid certificate. However if he was paid any salary after the court's declaration he is bound to return same. I rest my case. shalom! 2 Likes |
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