The distinction made by the Court of Appeal in Nganjiwa’s case is a distinction without a difference —- Daudu SAN

Spread the love
0
(0)

* Says Hijab Controversy: The fabric will be broken
if the right to religion is not balanced.
* Says Government must resist the temptation to appropriate other
citizen’s ancestral rights over land and just hand it over to the
herdsmen.

The Rule of Law Development Foundation, (ROLDF), an
interventionist Civil society concentrating on Rule of Law issues
that arise in Nigeria and worldwide by way of press statements,
seminars, webcasts, conferences, drawing attention to breaches of
the Rule of Law and other constitutional infractions that occur or
are commonplace in Nigeria, Africa and beyond has through its end
of year 2017 press statement addressed the issue affecting the
state of the nation.

Signed by Joseph Bodunrin Daudu SAN, the Co-Ordinator Rule of
Law Development Foundation, the press statement which was said to
have taken place at the law office of J B Daudu and Co, 16 Mafemi
Crescent, Utako, Abuja on Thursday the 21st of December
2017 addressed issues ranging from the fight against corruption,
herdsmen killing, the recent decision of the Court of Appeal,
etc.

The foundation first affirmed the moves made by the Buhari
administration to fight corruption however, it stated that it must
be subjected to two conditions: That the fight is done holistically
against corruption and corrupt persons without discrimination and
in line with the rule of law and also that the present government
must be fair and accessible to all Nigerian citizens. Wondering why
none of the serving ministers of the current administration has
been prosecuted for any reason whatsoever, it stated that it is
difficult to appreciate or comprehend the fight against corruption
when the fight is strictly against the opposition.

“No party whether in opposition or not, should aspire to rule
Nigeria if it does not make the fight against corruption its
cardinal programme and fight it with and on behalf of the people of
Nigeria with all resources at its disposal.”, it stated.

Commenting on the following topical issues relevant and
strategic to the core principles of the Rule of Law, the foundation
spoke about the recent case of the Nganjiwa v. FRN
delivered by the Lagos Division of the Court of Appeal on the
11th of December, 2017. The case was said to have put to
rest the issue of as to whether a serving judicial officer can be
prosecuted by an executive agency without first referring the
matter to the NJC. This was after the appellant being a Judge of
the Federal High Court was arraigned before the High Court of Lagos
on a 14 count information. The court ruling in favour of the
appellant stated that a serving judicial officer can only be
prosecuted only and only when the NJC has disciplined such an
officer and recommend his or her removal to the appropriate
authority, as failure to follow this procedure will deprive the NJC
of its powers. According to the court, this is a condition
precedent. The foundation in affirming the harassment of the
executive some time back in other to submit the judiciary to the
demands of some political heads, noted that in their own opinion,
the judgment has not the answer to the executive lawlessness and
harassment of the judiciary.

In its words:

 “It brings about a collision between
the doctrine of separation of powers, which the Court of Appeal
hinged its judgment on and the overarching principles of Equality
before the Law, which is an intrinsic and integral part of the Rule
of law. Consequently, should there be any reason to make a choice
between issues of separation of powers and that of the Rule of law,
it is the Foundation’s view that the Principles of Equality before
the Law must prevail.”

 Noting that the judiciary does not have immunity,
the foundation stated that it is their considered view that no
provision of the constitution, not even section 153 and paragraph
21 of the 3rd Schedule to the Constitution can be
interpreted to vest the NJC with a prior disciplinary jurisdiction
over and above that of the ordinary courts of the land. The
foundation also noted that the distinction made by the Court of
Appeal of matters that amounts to misconduct in the judges’
function which is exclusively for the NJC to try first and others
which fall outside his or her official capacity, is a distinction
without a difference. Therefore the foundation hopes that the
Supreme Court gives a judgment which will be in favour of the rule
of law.

 Speaking on the recent controversy on
Hijab, the foundation is of the opinion that the alarm raised goes
to no issue. Affirming the lawyer’s robe supports decency, the
argument that the right of freedom of religion of the young lady
was breached cannot stand as where her rights ends the right of
another begins. Hence, the fabric will be broken if it is without
balance.

Speaking on the issue of the killing by herdsmen, it was argued
that the government has not done enough to solve the problem. The
foundation believes that the solution lies in collecting and
ranching cattle. According to the foundation, government must
resist the temptation to appropriate other citizen’s ancestral
rights over land and just hand it over to the herdsmen. It
therefore recommended that Government should regulate the
establishment and uses to which a Ranch can be put. “It is a matter
for legislative intervention and an urgent one at that.” it
noted

The foundation finally stated their worries on the abuse of
power by some executive agencies such as the EFCC and DSS as some
of the actions that lead to their so called act of arrest do not
warrant such, citing an example of the Innoson case. The foundation
therefore suggested that the government agency be given enough
training and discipline to put it on the right track in line with
the rule of law.

* Says Hijab Controversy: The fabric will be broken
if the right to religion is not balanced.
* Says Government must resist the temptation to appropriate other
citizen’s ancestral rights over land and just hand it over to the
herdsmen.

The Rule of Law Development Foundation, (ROLDF), an
interventionist Civil society concentrating on Rule of Law issues
that arise in Nigeria and worldwide by way of press statements,
seminars, webcasts, conferences, drawing attention to breaches of
the Rule of Law and other constitutional infractions that occur or
are commonplace in Nigeria, Africa and beyond has through its end
of year 2017 press statement addressed the issue affecting the
state of the nation.

Signed by Joseph Bodunrin Daudu SAN, the Co-Ordinator Rule of
Law Development Foundation, the press statement which was said to
have taken place at the law office of J B Daudu and Co, 16 Mafemi
Crescent, Utako, Abuja on Thursday the 21st of December
2017 addressed issues ranging from the fight against corruption,
herdsmen killing, the recent decision of the Court of Appeal,
etc.

The foundation first affirmed the moves made by the Buhari
administration to fight corruption however, it stated that it must
be subjected to two conditions: That the fight is done holistically
against corruption and corrupt persons without discrimination and
in line with the rule of law and also that the present government
must be fair and accessible to all Nigerian citizens. Wondering why
none of the serving ministers of the current administration has
been prosecuted for any reason whatsoever, it stated that it is
difficult to appreciate or comprehend the fight against corruption
when the fight is strictly against the opposition.

“No party whether in opposition or not, should aspire to rule
Nigeria if it does not make the fight against corruption its
cardinal programme and fight it with and on behalf of the people of
Nigeria with all resources at its disposal.”, it stated.

Commenting on the following topical issues relevant and
strategic to the core principles of the Rule of Law, the foundation
spoke about the recent case of the Nganjiwa v. FRN
delivered by the Lagos Division of the Court of Appeal on the
11th of December, 2017. The case was said to have put to
rest the issue of as to whether a serving judicial officer can be
prosecuted by an executive agency without first referring the
matter to the NJC. This was after the appellant being a Judge of
the Federal High Court was arraigned before the High Court of Lagos
on a 14 count information. The court ruling in favour of the
appellant stated that a serving judicial officer can only be
prosecuted only and only when the NJC has disciplined such an
officer and recommend his or her removal to the appropriate
authority, as failure to follow this procedure will deprive the NJC
of its powers. According to the court, this is a condition
precedent. The foundation in affirming the harassment of the
executive some time back in other to submit the judiciary to the
demands of some political heads, noted that in their own opinion,
the judgment has not the answer to the executive lawlessness and
harassment of the judiciary.

In its words:

 “It brings about a collision between
the doctrine of separation of powers, which the Court of Appeal
hinged its judgment on and the overarching principles of Equality
before the Law, which is an intrinsic and integral part of the Rule
of law. Consequently, should there be any reason to make a choice
between issues of separation of powers and that of the Rule of law,
it is the Foundation’s view that the Principles of Equality before
the Law must prevail.”

 Noting that the judiciary does not have immunity,
the foundation stated that it is their considered view that no
provision of the constitution, not even section 153 and paragraph
21 of the 3rd Schedule to the Constitution can be
interpreted to vest the NJC with a prior disciplinary jurisdiction
over and above that of the ordinary courts of the land. The
foundation also noted that the distinction made by the Court of
Appeal of matters that amounts to misconduct in the judges’
function which is exclusively for the NJC to try first and others
which fall outside his or her official capacity, is a distinction
without a difference. Therefore the foundation hopes that the
Supreme Court gives a judgment which will be in favour of the rule
of law.

 Speaking on the recent controversy on
Hijab, the foundation is of the opinion that the alarm raised goes
to no issue. Affirming the lawyer’s robe supports decency, the
argument that the right of freedom of religion of the young lady
was breached cannot stand as where her rights ends the right of
another begins. Hence, the fabric will be broken if it is without
balance.

Speaking on the issue of the killing by herdsmen, it was argued
that the government has not done enough to solve the problem. The
foundation believes that the solution lies in collecting and
ranching cattle. According to the foundation, government must
resist the temptation to appropriate other citizen’s ancestral
rights over land and just hand it over to the herdsmen. It
therefore recommended that Government should regulate the
establishment and uses to which a Ranch can be put. “It is a matter
for legislative intervention and an urgent one at that.” it
noted

The foundation finally stated their worries on the abuse of
power by some executive agencies such as the EFCC and DSS as some
of the actions that lead to their so called act of arrest do not
warrant such, citing an example of the Innoson case. The foundation
therefore suggested that the government agency be given enough
training and discipline to put it on the right track in line with
the rule of law.

Read more

BUY 1 MILLION UK US EMAILS AND START RESELLING ON ADVERTIS.I.NG BUY 1 Million UK US EMAILS AND START RESELLING

PRETTY GIRL PHOTO NIGERIAN SINGLES FREE DATING


DROPS.NG DROPS ALL ABOUT CARS TAXIS TRUCKS & MORE
powered by dotifi.com  start an online business free selling domains hosting websites apps advertising business accounting solutions and more CONTACT US NOW NIGERIAS FIRST CAR SEARCH ENGINE BUY SELL CARS ONLINE ANYWHERE IN THE WORLD CALL SMS WHATSAPP 234 806 495 0565 POWERED BY DROPS.NG RINGROAD CAR BOOKING & DOTWAKA.COM SHIPPING & WWW.AIR.I.NG OJO OJO O ! NIGERIAS FIRST SEARCH ENGINE
FOR ADVERT CALL WHATSAPP 234 806 495 0565 !
EMAIL abi@dotifi.com
100% Natural Herbs to Finally End Premature Ejaculation and Weak Erection. Click here .
Latest Jobs in Nigeria (Graduates/Non-graduates). Click Here to Apply .
Facebook Comments Box

How useful was this post?

Click on a star to rate it!

Average rating 0 / 5. Vote count: 0

No votes so far! Be the first to rate this post.

We are sorry that this post was not useful for you!

Let us improve this post!

Tell us how we can improve this post?

Leave a Reply

Your email address will not be published.