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Nnamdi Kanu Has Set A New Precedence In The Judiciary - Politics - Nairaland

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Nnamdi Kanu Has Set A New Precedence In The Judiciary by CharlesPhc: 4:36pm On Dec 23, 2015
...

Mr. Kanu, who was arraigned before Justice Mohammed Wednesday, told the court before commencement of the prosecution’s plea that he preferred being held in the detention, than subjecting himself to a trial, which outcome will not be respected.

He said his previous trials had various outcomes that were abused or neglected by the office of the State Security Service, SSS.

Mr. Kanu therefore stated his outright objection to the trial in the court.

The counsel to the prosecution, who is also the Federal Director of Prosecution, office of the Attorney General, Mohamed Diri, told the court that based on section 396 (2) of the constitution, the defendant had no right to object to being tried by the court until after the plea is heard.

But the judge said he was standing down from the case, saying Mr. Kanu had the right to reject the trial, “after all justice is rooted on confidence”.

“If any of the parties has no confidence in the court, he has the right to say so”, Mr. Mohammed ruled.

He noted that the prosecution would have done the same thing if they were in Kanu’s shoes.

“Assuming it was the prosecution, if they had no confidence in the court of jurisdiction; would they not have done so?”

“I hereby remit the case file to the honourable chief judge of this court to reassign it,” the judge said.



I personally feel Nnamdi Kanu has just set a new precedence in the Nigerian Judiciary with this landmark admittance from the judge.

With the statement from the judge, Kanu's lawyers can go ahead to file for contempt of Court against the DG of the DSS otherwise, anyone arraigned by the DSS may follow suite and claim lack of confidence in trial.

The DG of DSS should now immediately tender his resignation letter otherwise he must be invited to the NASS to explain on whose order he is acting in disobedience to a competent court order.

If he fails to do so, then it becomes an indictment (which could also be an impeachable offence) against the President and C-in-C of the FRN who would prefer to look the other way while his appointee keep daring the judiciary....!!!

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Re: Nnamdi Kanu Has Set A New Precedence In The Judiciary by Nobody: 4:49pm On Dec 23, 2015
Lawlessness loading!. .

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Re: Nnamdi Kanu Has Set A New Precedence In The Judiciary by ERockson: 4:54pm On Dec 23, 2015
With this development Kanu will remain in DSS detention till 2019 and by then he would have grown a lot of sense and beard.

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Re: Nnamdi Kanu Has Set A New Precedence In The Judiciary by CharlesPhc: 4:57pm On Dec 23, 2015
ERockson:
With this development Kanu will remain in DSS detention till 2019 and by then he would have grown a lot of sense and beard.


“If a court grants an individual bail, I don’t care what crime the individual is accused of. There are many avenues for security agencies to pursue their quest without flouting the orders of the court. It is wrong, and we dare not continue to keep silent when one of us – a citizen of this nation,..– is granted bail by the court and some excuse is given for flouting the order of the court."

“That is the only arbitration avenue that belongs to all of us. We have a duty to protect the court and we must put an end to this contempt of the orders of the court by any government.” - Prof Wole Soyinka



You mean after a court of competent jurisdiction had ordered his immediate release?

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Re: Nnamdi Kanu Has Set A New Precedence In The Judiciary by suxkill: 4:59pm On Dec 23, 2015
A leopard will never change it's spot!!!

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Re: Nnamdi Kanu Has Set A New Precedence In The Judiciary by Mack3N: 5:03pm On Dec 23, 2015
ERockson:
With this development Kanu will remain in DSS detention till 2019 and by then he would have grown a lot of sense and beard.
You are out of touch with reality boy!!
This can turn from hunter to hunted.

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Re: Nnamdi Kanu Has Set A New Precedence In The Judiciary by Mack3N: 5:05pm On Dec 23, 2015
CharlesPhc:




I personally feel Nnamdi Kanu has just set a new precedence in the Nigerian Judiciary with this landmark admittance from the judge.

With the statement from the judge, Kanu's lawyers can go ahead to file for contempt of Court against the DG of the DSS otherwise, anyone arraigned by the DSS may follow suite and claim lack of confidence in trial.

The DG of DSS should now immediately tender his resignation letter otherwise he must be invited to the NASS to explain on whose order he is acting in disobedience to a court order.

If he fails to do so, then it becomes an indictment (which could also be an impeachable offence) against the President and C-in-C of the FRN....!!!


You are very correct,all those shouting he will chop beans/remain in custody till 2019 have lost touch of reality.

This can turn from hunter to hunted.

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Re: Nnamdi Kanu Has Set A New Precedence In The Judiciary by warrior01: 5:07pm On Dec 23, 2015
Nnamdi Kanu is a highly intelligent and learned guy. He simply disgraced the FG and DSS and I must say, the country is gradually being plunged into a state of anarchy and chaos by the APC led government where the rule of law is being disregarded. The courts have ordered the unconditional release of this guy and it was not obeyed. Henceforth, with this developments and precedents from the FG, citizens are equally at Liberty too to disobey any orders coming from the government.

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Re: Nnamdi Kanu Has Set A New Precedence In The Judiciary by Nobody: 5:07pm On Dec 23, 2015
Buhari is a terrorist and a sectional leader - el rufai

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Re: Nnamdi Kanu Has Set A New Precedence In The Judiciary by TedBaker(m): 5:08pm On Dec 23, 2015
Dat wnt save the mofvcker, anoda advocate of the supreme court will take over the case.
Re: Nnamdi Kanu Has Set A New Precedence In The Judiciary by Remii(m): 5:09pm On Dec 23, 2015
ERockson:
With this development Kanu will remain in DSS detention till 2019 and by then he would have grown a lot of sense and beard.
lol, I remember a court setting abiola free on condition during abacha regime, abiola rejected that conditional release, abacha then dissolved supreme court judges team, he never reconstitute it until both both of them died. he kept referring to that rejection of bail to justify detention of abiola till death took them away, femi falana blamed abiola's death in detention on his lawyers, I hope kanu is getting good advise from his lawyers and friends

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Re: Nnamdi Kanu Has Set A New Precedence In The Judiciary by chynie: 5:10pm On Dec 23, 2015
they think they dealing with Aboki

they no know say na original Igbo man e be (nwoke were uche)

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Re: Nnamdi Kanu Has Set A New Precedence In The Judiciary by CharlesPhc: 5:11pm On Dec 23, 2015
Remii:
lol, I remember a court setting abiola free on condition during abacha regime, abiola rejected that conditional release, abacha then dissolved supreme court judges team, he never reconstitute it until both both of them died. he kept referring to that rejection of bail to justify detention of abiola till death took them away, femi falana blamed abiola's death in detention on his lawyers, I hope kanu is getting good advise from his lawyers and friends


Did you hear Kanu say he would prefer to remain in detention?

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Re: Nnamdi Kanu Has Set A New Precedence In The Judiciary by TonyeBarcanista(m): 5:12pm On Dec 23, 2015
His case will be reassigned to another judge

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Re: Nnamdi Kanu Has Set A New Precedence In The Judiciary by CharlesPhc: 5:15pm On Dec 23, 2015
TonyeBarcanista:
His case will be reassigned to another judge

I agree but what do you think about this judge's position on the matter?

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Re: Nnamdi Kanu Has Set A New Precedence In The Judiciary by Gayigaskia(m): 5:16pm On Dec 23, 2015
studio14:
Buhari is a terrorist and a sectional leader - el rufai

this is a judicial matter. Buhari don't have nothing to do with this.

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Re: Nnamdi Kanu Has Set A New Precedence In The Judiciary by Mack3N: 5:17pm On Dec 23, 2015
TonyeBarcanista:
His case will be reassigned to another judge
Mr man,we all know it will be re-assigned,what you should be concerned about is the picture this outcome has painted the judiciary:inconfidence

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Re: Nnamdi Kanu Has Set A New Precedence In The Judiciary by Ijaya123: 5:18pm On Dec 23, 2015
I will tell the DSS director to come read your post here and do the needful.

If I were a mod, would just move this thread to the joke section straight.

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Re: Nnamdi Kanu Has Set A New Precedence In The Judiciary by Roadmap27(m): 5:18pm On Dec 23, 2015
God bless your brain

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Re: Nnamdi Kanu Has Set A New Precedence In The Judiciary by Mack3N: 5:19pm On Dec 23, 2015
Gayigaskia:


this is a judicial matter. Buhari don't have nothing to do with this.
You think so?.... On whose orders are the DSS acting?

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Re: Nnamdi Kanu Has Set A New Precedence In The Judiciary by Nobody: 5:20pm On Dec 23, 2015
Gayigaskia:


this is a judicial matter. Buhari don't have nothing to do with this.
who appointed Daura DG sss? Me?

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Re: Nnamdi Kanu Has Set A New Precedence In The Judiciary by CharlesPhc: 5:21pm On Dec 23, 2015
Ijaya123:
I will tell the DSS director to come read your post here and do the needful.

If I were a mod, would just move this thread to the joke section straight.

Oh, how I wish you will...!!!

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Re: Nnamdi Kanu Has Set A New Precedence In The Judiciary by Ijaya123: 5:23pm On Dec 23, 2015
CharlesPhc:


Oh, how I wish you will...!!!

Clowns everywhere.

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Re: Nnamdi Kanu Has Set A New Precedence In The Judiciary by TonyeBarcanista(m): 5:30pm On Dec 23, 2015
CharlesPhc:


I agree but what do you think about this judge's position on the matter?
The judge has no choice but to hands off. This isn't the first time judges have been stepping aside on cases. It won't be the last either.

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Re: Nnamdi Kanu Has Set A New Precedence In The Judiciary by Achuwa1(m): 5:31pm On Dec 23, 2015
This guy just made a mess of nigeria judicial system,but the attorney general & the minister of justice should take the blame for the insult they just brought to nigerians by not acting when the dss disobeyed court order.
they should know tht the international community are watching & laughing nigeria for this singular act tht this guy just rediculed them for,,

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Re: Nnamdi Kanu Has Set A New Precedence In The Judiciary by EternalTruths: 5:32pm On Dec 23, 2015
TonyeBarcanista:
His case will be reassigned to another judge

If another judge is sent, and Kanu reminds the judge of the various bails granted and disobeyed by the DSS, what do you think the judge will do.?


Buhari is putting himself in danger.

If anything happens to Kanu since the court has granted him bail, I don't see how Buhari won't pay dearly for disobeying court order. cool

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Re: Nnamdi Kanu Has Set A New Precedence In The Judiciary by EternalTruths: 5:35pm On Dec 23, 2015
Remii:
lol, I remember a court setting abiola free on condition during abacha regime, abiola rejected that conditional release, abacha then dissolved supreme court judges team, he never reconstitute it until both both of them died. he kept referring to that rejection of bail to justify detention of abiola till death took them away, femi falana blamed abiola's death in detention on his lawyers, I hope kanu is getting good advise from his lawyers and friends

Have you forgotten how Nigeria was sanctioned by various nations to the point that he had to go to Nkorea to buy weapons since no nation was willing to sell to Nigeria. cool

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Re: Nnamdi Kanu Has Set A New Precedence In The Judiciary by Gayigaskia(m): 5:36pm On Dec 23, 2015
studio14:
who appointed Daura DG sss? Me?

Is the SSS the Judge ? Guy do you know separation of powers and all the parties involved in any given case?

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Re: Nnamdi Kanu Has Set A New Precedence In The Judiciary by CharlesPhc: 5:38pm On Dec 23, 2015
TonyeBarcanista:

The judge has no choice but to hands off. This isn't the first time judges have been stepping aside on cases. It won't be the last either.

Judges steps aside for various reasons. This is peculiar.

Imagine a scenerio where a new judge comes in, looks at the case and grants Kanu's release (making the 3rd Court to grant his release) and the DSS ignores his order?

Which Judge would want his orders abused or ignored by the State Security?

Where a Judge feels his order or ruling would be abused, as in the case of this judge, he is at liberty to excuse himself.

The DSS should be prepared to keep shopping for judges if our learned judges would think straight

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Re: Nnamdi Kanu Has Set A New Precedence In The Judiciary by Nobody: 5:43pm On Dec 23, 2015
Anyone that supports DSS and the Govt on this matter is a dullard. How can one disobey a court order and still want the victim to stand before a court of law and believe he will be given justice.

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Re: Nnamdi Kanu Has Set A New Precedence In The Judiciary by TonyeBarcanista(m): 5:43pm On Dec 23, 2015
Mack3N:

Mr man,we all know it will be re-assigned,what you should be concerned about is the picture this outcome has painted the judiciary:inconfidence
It is rather loss of confidence.
EternalTruths:

If another judge is sent, and Kanu reminds the judge of the various bails granted and disobeyed by the DSS, what do you think the judge will do.?
Buhari is putting himself in danger.
If anything happens to Kanu since the court has granted him bail, I don't see how Buhari won't pay dearly for disobeying court order. cool
While I want the youngman to be granted bail, the gravity of his alleged offence(according to the state) seem to make releasing on bail "impossible"(in quote). This is not as simple as we may think.

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Re: Nnamdi Kanu Has Set A New Precedence In The Judiciary by kayfra: 5:44pm On Dec 23, 2015
A judge recuses himself and another one is appointed. What's the big deal?

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