Wednesday, 30 March 2016

CCT -vs- JURY TRIAL




A Jury is a body of people sworn to give verdict on the basis of the facts presented in court.   There are two other members of  CCT, one of whom has declined to sit with the CCT Chairman  - that the Chair is a bribe taker  who has lost it. So you have one member sitting he CANNOT form a jury,  in answer to the  question that the 1999 Constitution probably intended a jury trial Faux Pas Blooper.
In cases where there is a jury, the job of the Judge is to guide them on points of law and they decide on the facts. In Nigeria however, there is no practice of civil or criminal jury trials. We have bench trials at every level; where the Judge makes pronouncements on points of law and the facts in court. REPEAT THE CODE OF CONDUCT TRIBUNAL IS NOT A COURT OF LAW.


Tuesday, 29 March 2016

NJC, CCT, CFRN


Please Sir if we may permit a reflection on the Third and Fifth Schedules and section 318 of the CFRN 1999 to see why the Constitution  intentionally excluded the Code of Conduct Chair and members from NJC’s  judicial control and discipline? Reason being the 1999 Constitution says the CCT is not a "judicial office" a fortiori members and Chair CCT are not judicial officers hence devoid of criminal jurisdiction.

Why is the  President of the FRN the one mandated to wield the disciplinary whip against CCT Chair &members? And not NJC? Because NJC deals with "judicial officers" under para 17 Third Schedule CFRN.

Best regards

CA

LEGAL ICON NWABUEZE: “CCT IS NOT A COURT OF LAW” – THISDAY LAW P4





TAJUDEEN ESQ.
Dear Colleague, so that we could have a respectful  discussion,  yes a spade it is; and you know it is not by co-incidence that Paragraph  17(3) of the Fifth schedule of the Constitution of the Federal Republic of Nigeria, 1999 says  the Chairman or members of the Code of Conduct Tribunal shall not be removed or appointed by the President  except upon an address supported by two-thirds majority of each house of the national assembly praying that s/he be removed for inability to discharge the functions of office or for misconduct or contravention of the code.

Juxtapose it with paragraph 21(b) of the Third Schedule of the 1999 Constitution which gives NJC the unique role of recommending to the President the removal of judicial officers (ie Judges) from office in exercise of NJC’s disciplinary function. In other words NJC has no disciplinary powers over CCT Chairman or members because they are not judicial officers under the prescription of the 1999 Constitution. Hence CCT would have no jurisdiction to assume the role of a court of law. That is it really. What is more the 1999 Constitution listed “judicial officers” and the draftsperson clearly excluded CCT: Please see s318, CFRN
Thank you
Attorney Carol Ajie

The Code of Conduct Tribunal is not a “Court of Law” – Nwabueze

The Code of Conduct Tribunal is not a “Court of Law” – Nwabueze

Monday, 28 March 2016

Dr Tunji Baithwaite: Goes Home From the Treadmill: WATCH YOUR GYM EVERYONE!

https://www.thecable.ng/tribute-braithwaite-killer-cockroaches-rats-dies-treadmill-mishap

OBITUARY: Braithwaite, the ‘killer of cockroaches and rats’, dies following treadmill mishap

OBITUARY: Braithwaite, the ‘killer of cockroaches and rats’, dies following treadmill mishap
March 28
17:21 2016

If you only knew Tunji Braithwaite the lawyer and activist, you never really knew him in his true colours. The latter-day Braithwaite, who died at St Nicolas Hospital, Lagos, on Monday, was less of a charming politician but more of a pro-democracy advocate.
TheCable understands that although the 82-year-old grandfather had been battling prostate cancer for a while, he was energetic until one early morning last week he went for his daily exercise routine.
A family source told TheCable: “He woke up and was by his outward appearance healthy. But he decided to use the treadmill, which was part of his daily routine. The wife later went to check on him and found him unconscious. It appeared he fell down and it was suspected that he hit his head and had a concussion. But when he was taken to the hospital, all scans showed that he did not hit his head.”
He never came back to consciousness, TheCable was informed, and he finally died on Monday afternoon “despite the best efforts of the doctors”.
Many older Nigerians will remember Braithwaite the politician of the 1983 elections, whose party, Nigeria Advance Party (NAP), was the only one registered by the electoral commission to join the five existing ones earlier approved by the military government in 1979.
Braithwaite was not alone in NAP, though. He had intellectuals with him, with Wole Soyinka, the professor and future Nobel Laureate, being the most prominent. Soyinka, ahead of the elections, recorded a song which almost replaced the national anthem: “I love Nigeria I no go lie/Na inside am I go live and die…” Those lines made a monster hit.

Mushin and Victoria Island

But Braithwaite left Nigerians with more memorable lines in his presidential campaign – he was the flag bearer of NAP in the ill-fated election – and his TV commercial was an instant hit.
“I will kill all the rats, cockroaches and mosquitoes,” he would say to the camera, in marketing his anti-corruption ideas to the electorate. It was a message that was too coded for the ordinary voter to understand.
But much more difficult to understand, even hilarious, was his promise to move residents of Mushin to Victoria Island, and residents of Victoria Island to Mushin.
Unknown to the street people, he was only propagating his socialist ideals of addressing the inequalities in the Nigerian society, with Victoria Island representing the bourgeois class and Mushin the proletarian, the commoner. He would redistribute the wealth and make everybody equal in the society, he said in poetic language.
Needless to say his campaign did not resonate with the people he wanted to help: he came last in the presidential election with 271,000 votes. Shehu Shagari, the sitting president, had 12 million. Violence ensured thereafter and the military overthrew Shagari a few months later.
Braithwaite returned to politics with NAP but with less colour in 2003 and his party was removed from the register by the electoral commission in 2012 for not winning an election at any level.

A family of firsts

In 1933, the celebrated lawyer was born into record-setting family Braithwaite family in Lagos. In 1880, I. Braithwaite, a reverend, led the first Anglican missionary expedition which introduced the gospel to the Ijebu province in today’s Ogun state.
In 1894, the reverend built St. Michael’s, the first church in Epe in today’s Lagos state, after his efforts led to the growth of church attenders. There is now a second Anglican church – the Reverend Braithwaite Memorial Anglican Church – in Papa Epe.
Talabi, Tunji’s elder brother, is one of the pioneers of the insurance industry in Africa. In fact, he emerged the first chartered insurer from Africa when he became an associate of the Chartered Insurance Institute of London in 1951.
He set up T.A. Braithwaite (Insurance Brokers) & Co. Ltd. in April 1958, the first indigenous insurance broking company in Nigeria.
Tunji, the last of eight children, was schooled at C.M.S Grammar School from 1946 to 1953. He did his A Levels at the London  University at Kennington College in 1955. In 1957, he enrolled at the Council of Legal Education, London. He was admitted into Lincoln’s Inn that same year and graduated as a barrister in 1960.
His married his childhood love, Grace, in 1956 and they had five children.

PLEASE ALL LET BUHARI’S CRUSADE AGAINST GRAFT WORK!




Her Excellency, Aisha Buhari, the Wife of the President:

Reading through your denial of the allegation of $22million Forex your company was said to have  collected from CBN and traded at the Black market, let me re-produce your response for the benefit of a  complete record. You said on your twitter handle yesterday that: “Be advised, any further attempt to malign the person of the wife of the President will be dealt with according to the law. This is grounds for a lawsuit on defamation of character. “Making false and unfounded allegations without proof just to incite Nigerians on social media is wrong.”

Presidential spokesman Garba Shehu who was also accused of collecting $800,000  said since coming to office he has done two forex transactions his exact words “amounting to Eight Thousand Dollars (USD 8,000) sent to  my daughter and nephews through UBA.” He said he never collected $800,000= (Eight hundred thousand USD)  https://twitter.com/GarShehu/status/713734926709956608?ref_src=twsrc^tfw

Whilst Shehu Garba’s statement is treated in law as “specific denial”; yours is a “general denial” unacceptable.   The questions are since President Buhari’s assumption of office May 29th 2015 till present how much FOREX  have you collected and for what purpose, if any? Unless you clear the air of suspicion, it does certainly demote the anti-corruption crusade of President Buhari.

Come to think of it, a ten million diamond watch was spotted on your wrist May 29th inauguration, an allegation you never denied even now.  The former first Ladies were they that ostentatious? Your daughters in multi million dollars scandal with some APC State Governors - Zamfara etc.  Ten times more that the sums the Publicity Secretary of PDP (N400 Million) and PDP was in office for sixteen years, right?. Y’ve been in office for 10 months.  Let all citizens allow Buhari’s anti-corruption regime work, please particularly Mr President, his Aides, his Ministers (Amaechi was at the Rivers State rerun throwing Dollars).

Best regards
Attorney Carol Ajie

Saturday, 26 March 2016

NBA: WHERE LIEST THY HUMANITY?


http://www.nigerianbar.org.ng/


In a vast cosmic orchestra, James Ocholi’s valedictory court session has no photograph of the deceased on NBA website rather photos of Lawyers sending wrong signals targeted at glorifying our NBA election 2016.
Please put up Ocholi’s photo downplay those of living souls after that fatality took his spouse & son in a fell swoop; should it provide opportunity to edify campaigns for NBA’s foremost office as though our humanity lost?
 
CA