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Saraki:CCT Does Not Have Equal Jurisdiction With the High court- Agbakoba - Politics (6) - Nairaland

Nairaland Forum / Nairaland / General / Politics / Saraki:CCT Does Not Have Equal Jurisdiction With the High court- Agbakoba (34668 Views)

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Re: Saraki:CCT Does Not Have Equal Jurisdiction With the High court- Agbakoba by bigass123(m): 9:26am On Sep 19, 2015
You've spoken very well.. These are my thoughts too but you presented it more factually and presentably.
I pray that soon, corruption will be dealt with more stringent measures preferably capital punishments. Its a high time we take a cue from China.
God bless Nigeria!!!!

bayooooooo:
Nigerians are adept at creating confusion where is none.

1. It's expressly stated in the constitution that CCT has jurisdiction to try politicians or public servants for these sorts of offences. Therefore, you can't get an order to prevent you from being charged for an offence at CCT. What you can do is raise preliminary objection when charged. You can accuse the judge of being bias and ask him to recuse himself or even challenge the competence of the court to hear your case.

2.Agbakoba is just blowing hot hair. These are the relevant sections of 1999 constitution:

Fifth Schedule Part I section 18, subsection(4):


Section 240 of 1999 constitution:


An appeal from CCT lies to the Court of Appeal, not the High Court of a State or the Federal High Court. This is different from customary court where an appeal can lie to the High court. Since an appeal from both the CCT and the High Court (federal or otherwise) lies to the Court of Appeal, it follows that both CCT and High court are courts of coordinate jurisdiction on the specific issues that pertain to asset declaration. You need Court of Appeal, not High Court, to restrain CCT or overturn its verdict. There is nowhere it is written in the constitution that a High Court can overturn the verdict of CCT. So how can a court order from a high court restrain CCT? It's just like saying an Abuja high court has restrained a Calabar high court from taking a case, it doesn't make sense.

3.The charges against Saraki are weighty and criminal in nature. His actions are those of a man willing to use the courts to delay the wheel of justice. If he is truly innocent, he should submit himself to trial and present evidence to debunk or refute all allegations against him. It just doesn't make sense for him to say he should not be tried. It would make more sense for him to challenge the prosecution to prove its case. The onus is on the prosecution to prove its case, so why is he afraid?

4.Except he is sparkling clean, I don't see how he can come out of this unruffled. Even if he can somehow miraculously prove he owns all the assets legitimately, there is still another dimension of scrutinizing if he paid adequate taxes.

Make we dey observe.

1 Like

Re: Saraki:CCT Does Not Have Equal Jurisdiction With the High court- Agbakoba by Obynolee(f): 9:26am On Sep 19, 2015
Abugab:


I know that for sure. All these running to the courts is what has made these thieves always evade justice. If Saraki truly knows he is free let him not run anywhere but face the CCT. My take is the case against him and not his trying to play the legal games they always play.

Remember that an accused is innocent until proved guilty and that it is better for 10 criminals to escape justice than to punish an innocent person, where else do you expect Saraki to run to ?,(since he is still innocent). I think we should allow the law to take its course

1 Like

Re: Saraki:CCT Does Not Have Equal Jurisdiction With the High court- Agbakoba by Sheggy13(m): 9:28am On Sep 19, 2015
Eziachi:
Agbakoba is talking nonsense, any appeal emanating from the Code of conduct tribunal lies with Court of Appeal and the Supreme Court.
It is unheard of in law of any judicial obstruction of law enforcement investigation as done by this corrupt justice of the federal high court
The tribunal shall proceed with what they are doing and let Saraki proceed to the superior court of appeal.
To say this kind of person was former chairman/president of NBA, talking of superior and inferior courts in a case of false asset declaration with the CCB..really disheartening. A man that should be rotting in jail for causing so much pains and cries for people his useless bank robbed of their hard-earned life savings and pensions is instead elevated to the number 3 position in the country. The cries and suffering of those people will never be in vain.

1 Like

Re: Saraki:CCT Does Not Have Equal Jurisdiction With the High court- Agbakoba by TRUTHTOPOWER: 9:28am On Sep 19, 2015
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.

3 Likes

Re: Saraki:CCT Does Not Have Equal Jurisdiction With the High court- Agbakoba by Eziachi: 9:31am On Sep 19, 2015
SeverusSnape:

Please spare me the sermon, Is it now they know SARAKI is corrupt?... When he was hobnobbing with them during the campaign and going with B00HARI on foreign trips; He was a saint. But now he has become the scape goat.
Listen to yourself. It is now that they knew Saraki is corrupt?
Are you asking the government of politicians or are you asking public agencies?
What relationship does Obama has with FBI when Hillary Clinton email scandal was published.

Educate yourself on how things works in democratic environment. Buhari should have no say on whom the agencies investigate or prosecution, neither should they consult him. If they do, it means that they don't understand their job, but I don't care when it comes to corruption. The same thing I told Adolphus Wabara during OBJ time, when he was whining about witch hunt with his fingers inside the cookie jar.
Why now is not a defence for some you in bed with corruption because of this silly PDP/APC politics that blind many of you from the realities of those that have stolen the future of your children.

5 Likes 1 Share

Re: Saraki:CCT Does Not Have Equal Jurisdiction With the High court- Agbakoba by dokunbam(m): 9:32am On Sep 19, 2015
make i sit down con learn law
Re: Saraki:CCT Does Not Have Equal Jurisdiction With the High court- Agbakoba by SeverusSnape(m): 9:33am On Sep 19, 2015
Eziachi:
Sermon is for a purpose, just as medicine is for a purpose, no one can spare you from it. You can only spare yourself from it. As a healthy person doesn't need medication.
After sparing yourself, first thing Sunday morning you would be the first sitting front row of your church waiting for the same sermon with your bible in your hand calling on, on some unknown god.
Spare you!!
Tell that to Christians...
Re: Saraki:CCT Does Not Have Equal Jurisdiction With the High court- Agbakoba by Eziachi: 9:34am On Sep 19, 2015
TRUTHTOPOWER:


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.
That's my point.
Saraki is still innocent, but you cannot prove your innocence by running away from the theatre of justice.
It like an acclaimed wrestling champions obtaining an injunction never to wrestle.

5 Likes

Re: Saraki:CCT Does Not Have Equal Jurisdiction With the High court- Agbakoba by Eziachi: 9:36am On Sep 19, 2015
SeverusSnape:

Tell that to Christians...
Good deeds has no religion. You don't ask the pilot his religion before he takes off.

3 Likes

Re: Saraki:CCT Does Not Have Equal Jurisdiction With the High court- Agbakoba by agabusta: 9:37am On Sep 19, 2015
youngeagle:
and him buhari didn't do the same.....that took him months to arrange his false declaration of assets.....why is saraki the only politicians among all that declared the only prson d want 2 bring down....gullible sets of people

Let me educate u a little. There is difference btw declaring ur assets to the CCB and the public.

Public officials are to declare their assets before assuming office. What PMB just did is to release the content to the public. He has declared it way back before assuming office.
Kindly take note.

2 Likes

Re: Saraki:CCT Does Not Have Equal Jurisdiction With the High court- Agbakoba by Opinedecandid(m): 9:37am On Sep 19, 2015
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


You are talking REAL SENSE.
I have been saying similar thing to those who care to listen with open minds, if Saraki is arrested, Anarchy will set into the Senate, the National Assembly, then Nigeria.

Those bent at removing and jailing Saraki should take note, except they are secretly wishing and wanting the nation 'NIGERIA' to come to an end.
The ball is more or less in Buhari's court
Re: Saraki:CCT Does Not Have Equal Jurisdiction With the High court- Agbakoba by SeverusSnape(m): 9:39am On Sep 19, 2015
Eziachi:

Good deeds has no religion. You don't ask the pilot his religion before he takes off.
Good, I don't do religious stuffs.
Re: Saraki:CCT Does Not Have Equal Jurisdiction With the High court- Agbakoba by TRUTHTOPOWER: 9:41am On Sep 19, 2015
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.

5 Likes

Re: Saraki:CCT Does Not Have Equal Jurisdiction With the High court- Agbakoba by ayokunlei(m): 9:45am On Sep 19, 2015
Firefire:


Why are you supporting corrupt criminals

Don't be biased, Saraki is not the only corrupt politician. So why shout

1 Like

Re: Saraki:CCT Does Not Have Equal Jurisdiction With the High court- Agbakoba by NgeneUkwenu(f): 9:49am On Sep 19, 2015
chukwudi44:


Agbakoba is a constitutional lawyer,i would rather listen to him than you!! Even Saraki's lawyers posited the same argument.Dont forget he quoted a section of the constitution to back up his statement.

Chukwudi olodo! Agbakoba is a maritime Lawyer and not a Constitutional lawyer! Ode!!!

7 Likes

Re: Saraki:CCT Does Not Have Equal Jurisdiction With the High court- Agbakoba by Eziachi: 9:52am On Sep 19, 2015
Obynolee:


Remember that an accused is innocent until proved guilty and that it is better for 10 criminals to escape justice than to punish an innocent person, where else do you expect Saraki to run to ?,(since he is still innocent). I think we should allow the law to take its course
Good point you made in your first line of thought. But he should turn to court and not using another branch of the judiciary to stop himself turning up in court.
At most, there is the Appeal Court if the judgment is not in his favour.
If he has issues with the court's jurisdiction or eligibility, it's the norm to go to the same court and argue the eligibility issues, not using another court of equal standing to start hawking or doing cash and carry injunctions to undermine judicial process.

And he is supposed to be the chief law maker? Making law for whom exactly? Those mortals that cannot afford injunction?
Injunction are not created to stop court proceedings or the law enforcement agencies from investgations but meant to maintain a status quo between parties, especially in a civil case and not criminal cases, until such a time a court or an investigation reached its conclusion.
But suddenly Nigerians has created their own legal theory due to corruption that if you have money now, you can stop being asked questions for anything or you cannot be charged for anything because you had an injunction.
That's unheard of anywhere in a democracy.
Are you guys for real?

3 Likes

Re: Saraki:CCT Does Not Have Equal Jurisdiction With the High court- Agbakoba by jimmayoy: 10:09am On Sep 19, 2015
bayooooooo:
Nigerians are adept at creating confusion where is none.

1. It's expressly stated in the constitution that CCT has jurisdiction to try politicians or public servants for these sorts of offences. Therefore, you can't get an order to prevent you from being charged for an offence at CCT. What you can do is raise preliminary objection when charged. You can accuse the judge of being bias and ask him to recuse himself or even challenge the competence of the court to hear your case.

2.Agbakoba is just blowing hot hair. These are the relevant sections of 1999 constitution:

Fifth Schedule Part I section 18, subsection(4):


Section 240 of 1999 constitution:


An appeal from CCT lies to the Court of Appeal, not the High Court of a State or the Federal High Court. This is different from customary court where an appeal can lie to the High court. Since an appeal from both the CCT and the High Court (federal or otherwise) lies to the Court of Appeal, it follows that both CCT and High court are courts of coordinate jurisdiction on the specific issues that pertain to asset declaration. You need Court of Appeal, not High Court, to restrain CCT or overturn its verdict. There is nowhere it is written in the constitution that a High Court can overturn the verdict of CCT. So how can a court order from a high court restrain CCT? It's just like saying an Abuja high court has restrained a Calabar high court from taking a case, it doesn't make sense.

3.The charges against Saraki are weighty and criminal in nature. His actions are those of a man willing to use the courts to delay the wheel of justice. If he is truly innocent, he should submit himself to trial and present evidence to debunk or refute all allegations against him. It just doesn't make sense for him to say he should not be tried. It would make more sense for him to challenge the prosecution to prove its case. The onus is on the prosecution to prove its case, so why is he afraid?

4.Except he is sparkling clean, I don't see how he can come out of this unruffled. Even if he can somehow miraculously prove he owns all the assets legitimately, there is still another dimension of scrutinizing if he paid adequate taxes.

Make we dey observe.



Oh boy, u be lawyer? grin

1 Like

Re: Saraki:CCT Does Not Have Equal Jurisdiction With the High court- Agbakoba by imoikoko: 10:14am On Sep 19, 2015
To oga SAN (Agbakoba) and SAN wannabe (Adegboruwa), I ask, where does appeal from the CCB lie, High Court or Appeal Court? All in a bid to sound different you make fools of yourselves. Different does not necessarily mean intelligent. That's how you people use style to solicit for briefs.

3 Likes 1 Share

Re: Saraki:CCT Does Not Have Equal Jurisdiction With the High court- Agbakoba by AutoFastSales: 10:16am On Sep 19, 2015
Agbakoba is outrightly wrong. we will see in couples of day. quote me anywhere

3 Likes

Re: Saraki:CCT Does Not Have Equal Jurisdiction With the High court- Agbakoba by Nobody: 10:18am On Sep 19, 2015
Permit me to state that the CCT is not a superior court of record notwithstanding that it is a creation of the 1999 constitution. What is a (Superior) Court of Record?.

A superior court of record
"Superior" refers to the fact that the court is presided
over by judges as opposed to magistrates. A superior
court of record means that all proceedings are
recorded and published, and as such available to the
public, whereas a magistrates court does not record
all proceedings.
Re: Saraki:CCT Does Not Have Equal Jurisdiction With the High court- Agbakoba by Nobody: 10:24am On Sep 19, 2015
NgeneUkwenu:


Chukwudi olodo! Agbakoba is a maritime Lawyer and not a Constitutional lawyer! Ode!!!

NgwereUKWU it is almost 24 hours after the CCT order when will Saraki be arrested Lolz

1 Like 1 Share

Re: Saraki:CCT Does Not Have Equal Jurisdiction With the High court- Agbakoba by JustCalMeDBoss(m): 10:28am On Sep 19, 2015
Mastubators are running out of vasline
Re: Saraki:CCT Does Not Have Equal Jurisdiction With the High court- Agbakoba by AutoFastSales: 10:30am On Sep 19, 2015
chukwudi44:


I am not supporting any corrupt criminal rather i am for the adherence to the rule of law and independence of the legislature!! The so-called trial is merely an attempt to muscle the senate president for not dancing to their tunes!!

Will you also say Agbakoba is also supporting corruption?

see, federal high court does not have power over CCT, consult your constitutional book.

2 Likes

Re: Saraki:CCT Does Not Have Equal Jurisdiction With the High court- Agbakoba by Nobody: 10:44am On Sep 19, 2015
AutoFastSales:


see, federal high court does not have power over CCT, consult your constitutional book.

I already did
Re: Saraki:CCT Does Not Have Equal Jurisdiction With the High court- Agbakoba by ExInferis(m): 10:47am On Sep 19, 2015
You keep making the gaffe of contradicting yourself.

chukwudi44:

I am not supporting any corrupt criminal rather i am for the adherence to the rule of law and independence of the legislature!

The legislature is not being dragged to the CCT; Saraki as an individual is. If you support "adherence to the rule of law" then let the CCT decide whether Saraki is guilty or not.

chukwudi44:

The so-called trial is merely an attempt to muscle the senate president for not dancing to their tunes

And this voids your earlier claim of "adherence to rule of law" since you've already passed judgment before trial. This statement validates your support for a criminal.

3 Likes

Re: Saraki:CCT Does Not Have Equal Jurisdiction With the High court- Agbakoba by Nobody: 10:49am On Sep 19, 2015
ExInferis:

You keep making the gaffe of contradicting yourself.



The legislature is not being dragged to the CCT; Saraki as an individual is. If you support "adherence to the rule of law" then let the CCT decide whether Saraki is guilty or not.



And this voids your earlier claim of "adherence to rule of law" since you've already passed judgment before trial. This statement validates your support for a criminal.

Calling him a criminal already also indicates subjudice!! Saraki has not yet been convicted of any wrongdoing by any court of the land!!The case at the FHC must be dispensed with before te case at the CCT can be adjudicated
Re: Saraki:CCT Does Not Have Equal Jurisdiction With the High court- Agbakoba by Nobody: 10:55am On Sep 19, 2015
Eziachi:

Good point you made in your first line of thought. But he should turn to court and not using another branch of the judict to stop himself turning to the court.
At most, there are an Appeal Court if the judgment is not in his favour.
If he has issues with the court jurisdiction or eligibility, it's the norm to go to the same court and argue the eligibility issues, not using another court of equal standing to start hawking or doing cash and carry injunctions to undermine themselves.

And he is supposed to be the chief law maker? Making law for whom? Those mortals that cannot afford injunction?
Injunction are not created to stop court proceedings or the law enforcement agencies but meant to maintain a status quo between parties, especially in a civil case and not criminal cases, until such a time a court or an investigation reached its conclusion.
But suddenlly Nigerians has created their own legal theory due to corruption that if you have money now, you can stop being asked questions for anything or you cannot be charged for anything because you had an injunction.
That's unheard of anywhere in democracy.
Are you guys for real?

That is exactly what he did !! He went to a higher court of record!! The FHC is a superior court to the CCT.
Re: Saraki:CCT Does Not Have Equal Jurisdiction With the High court- Agbakoba by ExInferis(m): 10:58am On Sep 19, 2015
SeverusSnape:

No Nigerian politician is a saint, I'd rather support Saraki, Because it's obvious he's been witch-hunted here.

Why would you people not support Saraki since he committed his crime in the fold of the crime-enabling party PDP?

Besides, the entire lexicon of you PDP reprobates and retrogressives consist of jus three terms:

*Propaganda
*Lies
*Witch-hunting

The last term is most often misused by you goons. In your blind devotion to a failed misadventure, you'd rather the country continues on the destructive path set in motion by your overlord GEJ, just as long as the APC is humiliated. What you failed to grasp is Nigerians kicked PDP out, APC was just lucky to be there.

PDP wishing the country eternal damnation thinking that surmises opposition is a work of self deceit and self immolation; if nigeria flounders, it'd drag you down with it. So stop this childish display of political immorality and devise means of constructive opposition if you wish to remain a credible and viable alternative come 2019; else you'd forever be confined to the fringes of nigeria's political history as a has-been party. One good step is to purge yourselves from criminal associations such as with saraki.

Also, there are indeed witches in the political system and they need to be hunted.

1 Like

Re: Saraki:CCT Does Not Have Equal Jurisdiction With the High court- Agbakoba by Rexology: 11:01am On Sep 19, 2015
Sheggy13:

To say this kind of person was former chairman/president of NBA, talking of superior and inferior courts in a case of false asset declaration with the CCB..really disheartening. A man that should be rotting in jail for causing so much pains and cries for people his useless bank robbed of their hard-earned life savings and pensions is instead elevated to the number 3 position in the country. The cries and suffering of those people will never be in vain.
You could not hide your hatred for Saraki, hence this post.
Re: Saraki:CCT Does Not Have Equal Jurisdiction With the High court- Agbakoba by ExInferis(m): 11:04am On Sep 19, 2015
chukwudi44:


Calling him a criminal already also indicates subjudice!! Saraki has not yet been convicted of any wrongdoing by any court of the land!!The case at the FHC must be dispensed with before te case at the CCT can be adjudicated

That a crime was committed by Saraki is evident enough; the court only validates it and passes judgment. Say an armed thug stopped you and robbed you and fled. Would you say he's innocent until proven guilty by a court?

Come on, you're far more intelligent than this. Shielding corrupt peoiple in the name of partisan politics does not in any way enhance your viability in 2019. It only serves to reinforce the PDP as a den of crooks.

Also, i dont know if you notice, but Saraki is in APC: PDP always refers to such internal wrranglings as a "family affair". Why taking panadol for another man's HIV?

2 Likes

Re: Saraki:CCT Does Not Have Equal Jurisdiction With the High court- Agbakoba by omogidi234(m): 11:10am On Sep 19, 2015
bayooooooo:
Nigerians are adept at creating confusion where is none.

1. It's expressly stated in the constitution that CCT has jurisdiction to try politicians or public servants for these sorts of offences. Therefore, you can't get an order to prevent you from being charged for an offence at CCT. What you can do is raise preliminary objection when charged. You can accuse the judge of being bias and ask him to recuse himself or even challenge the competence of the court to hear your case.

2.Agbakoba is just blowing hot hair. These are the relevant sections of 1999 constitution:

Fifth Schedule Part I section 18, subsection(4):


Section 240 of 1999 constitution:


An appeal from CCT lies to the Court of Appeal, not the High Court of a State or the Federal High Court. This is different from customary court where an appeal can lie to the High court. Since an appeal from both the CCT and the High Court (federal or otherwise) lies to the Court of Appeal, it follows that both CCT and High court are courts of coordinate jurisdiction on the specific issues that pertain to asset declaration. You need Court of Appeal, not High Court, to restrain CCT or overturn its verdict. There is nowhere it is written in the constitution that a High Court can overturn the verdict of CCT. So how can a court order from a high court restrain CCT? It's just like saying an Abuja high court has restrained a Calabar high court from taking a case, it doesn't make sense.

3.The charges against Saraki are weighty and criminal in nature. His actions are those of a man willing to use the courts to delay the wheel of justice. If he is truly innocent, he should submit himself to trial and present evidence to debunk or refute all allegations against him. It just doesn't make sense for him to say he should not be tried. It would make more sense for him to challenge the prosecution to prove its case. The onus is on the prosecution to prove its case, so why is he afraid?

4.Except he is sparkling clean, I don't see how he can come out of this unruffled. Even if he can somehow miraculously prove he owns all the assets legitimately, there is still another dimension of scrutinizing if he paid adequate taxes.

Make we dey observe.

Thanks Bros, I have said it times without numbers on other threads that The Saraki's legal team know all these, they are just using delay tactics. As much I respect Agabakoba, he is not the Court of Appeal or Supreme Court, thus all he is saying is Obiter. Until the 2 Upper court decides otherwise, we hold that CCT is on the same level with FCH/HC.

2 Likes

Re: Saraki:CCT Does Not Have Equal Jurisdiction With the High court- Agbakoba by cole265(m): 11:20am On Sep 19, 2015
Eziachi:
Agbakoba is talking nonsense, any appeal emanating from the Code of conduct tribunal lies with Court of Appeal and the Supreme Court.
It is unheard of in law of any judicial obstruction of law enforcement investigation as done by this corrupt justice of the federal high court
The tribunal shall proceed with what they are doing and let Saraki proceed to the superior court of appeal.

Thank you jare! Agbairo...sorry, abgakoba is not the smartest lawyer in nigeria

1 Like

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