Rivers Crisis: The Decision of the Court of Appeal Only Defined Limits of Jurisdiction -Ogwuche
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- Опубликовано: 4 июл 2024
- It defined the jurisdiction of the high court of Rivers State with regard to the vacancy in the membership of the House of Assembly.
Festus Ogwuche, Lawyer
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Mr Festus Ogwuche is a perfect analyst in law.
Thank you so much Sir for your brilliant explanation on Rivers State law makers that crossed party.
We still have men with integrity in Nigeria like this man
Festus thank you
The question is have they crossed party ! They are not members of APC and have not stopped being members of the PDP. So have they legally crossed parties yes Okocha has crossed party, and the legislators area aligned with Wike and Okocha but they issue of party membership and register is very well understood and under the authority of the INEC.
Have the members individually written to the chairman of their respective wards and the state chairman to signify their "detection".
The Nigeria Judiciary system is a total disgrace...😢😢😢Money money Judiciary
Ugly useless lawmakers unacceptable judgement SHAMELESS lawmakers are they pdp now or apc VAMPIRE GOVERNMENT
Shameless country. Usless judiciary all over the country.
Ugochinyere you are a true lawmaker, i wish you are from River State my brother from Imo state, only would have handled these issues squarely to the ground root by uprooting that single man who thought he is all in all. The judgement of the Appellate court is a Money judgement. with the new National Anthem, we are still in the confusion Arena
We have better people in river state bros, so he is not needed here.
@@Dr_kings_herbal_solutionsNot like Wike and coward following him to be misbehaving
This means Wike is a fighter and someone who achieve his goals through violence and commotion. He has history of fighting his way through crookedly from the initial. Fought with Amechi, Atiku, secondus, Fubara, and now Ireti Kingibe.
If a state high court doesn't have the power to judge an issue in a state house assembly. Then they should shut state high courts all together, let us know that they are of no use because Its not like the people that defected are even federal lawmakers. I don't understand Nigeria 😂
U will understand d reason dey change d national anthem, i hail thee, fubara is goin small small. Federal might
Nigerian judiciary is a joker I wish the judges will do the right thing and not to use jurisdiction to confuse the law
The judiciary is the major problem of Nigeria
Very unbiased lawyer 👏
If a court in Nigeria has no jurisdiction to hear a case, its judgment is considered void and of no effect. This means:
It has no legal standing: The judgment is essentially null and void as if it never happened.
It cannot be enforced: No party can compel the other party to comply with the judgment.
It can be challenged: The judgment can be appealed or challenged in a higher court, which will likely declare it void.
What happens to the substantive judgment?
The substantive judgment of the lower court (the actual decision on the merits of the case) is completely irrelevant if the court lacked jurisdiction. It's like building a house on a foundation of sand - the house might look fine, but it won't stand the test of time. The judgment itself becomes a mere formality, devoid of legal force.
Examples of lack of jurisdiction:
Territorial jurisdiction: The court is located in a different state or area than where the dispute arose.
Subject matter jurisdiction: The court is not authorized to hear cases of this type (e.g., a family court handling a criminal case).
Personal jurisdiction: The court does not have proper authority over the parties involved in the case.
Important Note:
The lack of jurisdiction must be established and proven in court. It's not something that can be casually claimed. If a party believes the court lacks jurisdiction, they must raise the issue properly during the legal proceedings.
What to do if you believe a court lacks jurisdiction:
If you believe a court lacks jurisdiction in your case, you should immediately seek legal advice from a qualified attorney. They can help you:
Raise the issue of jurisdiction: This must be done properly and at the appropriate time in the proceedings.
Challenge the judgment: If the court proceeds without jurisdiction, you can challenge the judgment in a higher court.
Seek appropriate remedies: This could include having the judgment overturned or dismissed, and potentially seeking other legal remedies.
It's crucial to act promptly and decisively if you believe a court lacks jurisdiction. A judgment issued by a court without jurisdiction can have serious consequences, and you need to take steps to protect your legal rights.
All this many written to explain rubbish as if the court in the zoo called Nigeria is not a kangaroo court tinubu regime as made the court more kangaroo
@@frankfestus114 Excuse me sir, a zoo or not, Nigeria is my beloved country, it'mayb a zoo to you but a beloved country to me!! Law is law!! Regardless. Unfortunately politicians would interpret what suits their narrative. However, the clarity in the grand-norm ( Constitution) is clear!! I do not understand why the main stream media push this narrative.
You lack depth in the technicality of the Law and Constitution. Nigeria is a hell you don’t have a country.
@@donwilliamz-k4m to the best of my knowledge, I offered my opinion. Oga. Write your own. I love my country!!
Just because you have no jurisdiction doesn't mean the order is null and void, it need to be set aside by the superior court
Thanks you for the clarification
Shame on judges in Nigeria Shame big Shame on them hungry judges
Our judges should be straightforward and explicit enough in their pronouncements to the understanding of a layman to avoid unnecessary misconceptions.
The Rivers PDP Law Makers still have their PDP membership cards, not APC membership cards. They remain PDP members, under the law😊
Under your father's law, you better stop taking weed..
Another Yoruba fool...so they can be with PDP membership card with APC membership Affidavit..
Then publicly declared their defection and waved flags,which was found to be doctored by the opposition right?
My brother you said the truth
Nigeria judiciary is Africa's biggest disgrace
The state high court that declared the seat of the 27 lawmakers vacant has now been set aside because abinitio the said court does not have jurisdiction and if that is true, it means the 27 lawmakers remain in their office
Brilliant and clear analysis
INEC is an extension of APC if not they should have conducted by-elections to fill the vacant seats
There is nothing honourable about Nigeria judges
It's some newspapers and journalists that sent a wrong signal with specific utterances that the federal high did not mention.
Good talk
Politics in Nigeria is absolutely immature!
A brilliant man
They should be arresting these lawyers
Those former Assembly Members remain suspended until Supreme Court adjudicate on the matter.
Keep quiet
For your Information, Members of parliament in the UK are allowed to change their party at any time.
😅 it's allowed in parliamentary system in the UK. However in presidential system which Nigeria is practising, defection or carpet crossing is not allowed. You MUST resign, vacate your position and recontest under your new political party. Simple fact.
michaelchikwendu ❤🎉
How did I become a Nigerian 🤔
By being born here as ordered from heaven
By birth
I always ask the same question😭🙆.
Nigeria refused to embrace contraceptives long ago.
Charles, there's a big issue here, question is, who declares a seat vacant? who has the constitutional right to declare a seat vacant? all these charge and bail lawyers must be careful, we recall that senior advocates of Nigeria went to supreme court that for any body to be said to have won national election in Nigeria, the candidate must win Abuja, the supreme court we recall called such thinking very shameful. I had thought that lawyers would have learned from that. If the person who should declare vacancy has not done so, where does Oko Jumbo come in?
The constitution declares seat vacant.
@@OchukoAkp-ir5erDont mind his blank and hollow posturing. Worthless piece of submission there.
@@OchukoAkp-ir5er If you win an election and nobody has sworn you in, do you assume office? if your village chief swears you in, do you begin to act? some of you make nonsense of education, there is a procedure for everything which is why the person to declare seat vacant is constitutionally stated and it is neither the Governor nor high court judge
Si, A una is the main voting pattern in Nigeria and should announce the lying machine the winner
@@robertedson2155sense
Wettin dey roast Wike face na?
Bro Charles, could you please drop the handle or Id of your tailor?
Are you in Rivers State? I can get it done for you.
This clown needs to spend more time facing the challenges affecting his people in the SE
The manner in which Wike is leveraging federal power to sway court decisions on Rivers politics could ultimately result in chaos that could spiral out of control. Tinubu and his administration should take lessons from Kenya.
Who is the person spitting ignorance. What do you know about judicial system and how the court works? The court doesn't deal with emotions or what is perceived as moral. The court only interprets the constitution as written. Stop following social media lawyers that can't win their cases in court
It will not be well with you and your siblings . Wetin you know about Kenya? How many Kenyan politicians do you know off hand? These Kenyans causing brouhaha used to be like Obidients 2yrs ago for Ruto. They were all Ruto's stooges. Kenyans and Nigerians aren't same. You don't know them. Wike will do anything, nothing will happen. COME out and protest, you will be finished and we will bury YOU. Over 30 people gone in Kenyan and that is it, nothing will be asked again . After God, fear government. Fubara will be impeached soon.
No lesson. It is Rivers state that is suffering not Tinubu. Channel your energy somewhere else
I keep wondering if Nigeria is a morally bankrupt nation where the judiciary(supposedly the last hope of the common man) covers up with technicalities very obvious matter of wrong doing to support wicked and selfish politicians to continue to destroy the country while the military whose top brass have also been corrupted watch the country failing hopelessly instead of rising up to defend our democracy. Is there any hope for Nigeria under this lawless APC government of Tinubu?
Restoration of the defected lawmakers could have been accompanied with an order directing the Rivers State government to restore their official entitlements. This wasn't the case in the said judgement. There was no order for their restoration.
Are you frm rivers? Are you the governor spokesman?what is your interest pls
It’s Nigeria where the courts get so much involved in politics and governance suffers we are where we are in development
Why not start recalling them people !!
Why all those senators, governor , house of Rep members that change party why is there office not re contested , in benin why was house of Assembly members not functional even thou they are in same party , the governors are trying to overhead the hoa, trying to control everyone , hoa is voted governor is voted
Opposition shouldn’t make one an anti government.
Arise News should be ashamed for featuring this Man, PDP under Damagun flled the case in the lower court that the lawmakers are still their members, Fubara lawyers did not provide evidence like exhibits in court to counter it until the time limit for filing exhibits expired, And you want appeal court to make statement for you in the appeal, No sir, the point is being made already, Amahwhule remains the Authentic speaker by the Judgement of the Appeal court.....shameful to tell us to wait till supreme court make pronouncement on the issue, does Fubara wait for Appeal court to deliver its judgement before appointing the CTC? fubara clearly disobeyed the ''Maintain the status quo'' pronounced by the appeal court at the begining of this case until Judgement was delivered yesterday..pls swallow the pill
Why do we decide on sentiment instead of following the law. Why do we wait for bad intentions to reign and be used against sane issues. Politicians are using us citizens. The 25 lawmakers should be ashamed of themselves for sheepishly following Wike. They should also go to court and prove their case. Fubara and co should just watch them and not respond to them. Prove what you have done. Justice system is already compromised. Corruption corruption and corruption is what Wike in living on
You are the one to be ashame of your self as a confused person
Not arise TV
You are docile to talk down on this man so your deluded mind can not make out sense of what he is saying
This mumu loyal that not use to go to court again
How he takes mumu 25 is not a lawmakers anymore period wike as destroyed them because of power
The judgment did not even give the 25 law makers any power to retain their seats or position. 😂😂😂😂😂😂
Nigerian judiciary is an eye sore and it's most unfortunate and regrettable to say the least
From what the lawyer has said, that non of the parties are eligible to called the speaker until supreme Court decides, what about the laws made by Oko jumbo, which is the screening of ctc.
But his interpretation of the judgement that Lawmakers have lost their seat is wrong. Lawmakers can only lose their seats if a legitimate speaker pronounced it or challenged in court and the court affirms it.
@@phizzyaas. He is very right, the constitution states automatic vacation once you defect . Those law makers are gone and wike is only looking for relevance through these shameless judges and corrupt judiciary by delaying absolute declaration on the matter to keep creating confusion in the state
This lawyer is just confusing the public with his interpretation of the judgement. Lawmakers cannot lose their seat until a court pronounced it. So from this judgement the lawmakers remains members of Rivers Assembly.
Can Somebody CAREFULLY study Wike`s Contrats in Rivers State and Find out Where Corruption Occured and Finally Bring the Wike to a Life Improsenment.
Don't know how to spell sef, animal😂
😂😂😂😂 the lawyers that delivered the rivers judgement have already cash out by deceiving there pay master to think that they are winning
Why do people like to be deceived? I listen to this man's interpretation, and I can't help myself but laugh! I hope you people will not deceive Fubara so that he can strategize his next move.
Na only for Nigeria different courts, judges, lawyers get different interpretation of our laws lol
The defected lawmakers are in real mess. This very court order will go to Supreme Court and after whatever their decision, the matter will now start a fresh journey from the federal high court. And while all those are going on, the governor and his team will continue with their work.
Lamentations by your guest 😂😂😂😂😂
Arise is no doubt a dubious television station and the man they brought is also dubious.
When a court lacks a jurisdiction it means the order that court made is null and void
We know what you believe in with your name
This lawyer is a Confusionist
Very baised personality...the courts was very affirmative on it's judgement. Status quo simply means back to how it was as before they approached the lower court. Amaewhule is speaker
The reason they all went to court is cos they were said to be or have been sacked. Therefore Status Quo is that there are sacked.
If they are not sacked, they wont have course to go to Court. They would have continued their Legislative functions
A country of commotion 😅
If Tinubu and Judiciary don't take time, this crisis is Rivers State will end Nigeria.
Na lie😂
Continue to miss interpre the law it is clear when a court lacks jurisdiction it means even to fool that their decision and pronouncements is null and void
These guys should go and sit down and accept wikes apology for making treble mistakes because they were tailored for you guys
To wikes mistakes -they are multiple,serious,strategically inconceivable and makes him look empty and noisy. I wonder why they sill support him except they are like him
This lawyer is funny really
He contradicts himself continuously.
ABEG MY RIVERS PEOPLE MAKE I ASK UNA ONE QUESTION, ABI NA IGBO MAN DEY TROUBLE UNA IN BRICKS HOUSE?
Shut up And face front
Imo state has more developmental challenges that this clown disturbing himself with another States problems
Keep quite....mr red cap wht do you knw abt nigeria politics
Rivers people would be foolish to allow an individual who exploited the state's wealth for personal gain and now seeks to use that wealth to continue dominating and lording over them. I'm eager to see if the Rivers people will permit such a thing to happen.
Go to ur state
Police and co had already know the outcome thats why they are mounting the local govt since.
But why and how someone be so mean to unsit and unsettled fellow man, forgetting that we are all an ordinary sand.
Power is evil.
Lawyers spilling nonsense and can’t speak directly, is English Nigeria?
Nigeria is doom
Is this man truly a lawyer?
A court throws out the actions of a lower court and he says there is nothing from the judgement, is he listening to himself?
No wonder, he says he can't respond to this question for the PDP interviewer in the studio.
Some people are mere lawyers by names.
This man is an embarrassment to legal fraternity. Those lawmakers are still card-carrying members of PDP.. We can not have a vaccum in the State House of Assembly. Those 24 members are constituted authority and can continue their job.
U go explain tire 😂
This man na wayo man...he is rather confusing himself and he is out to confuse others...quite pathetic that he can't just be factual...
Mr ikega go to court stops making unnecessary noise
Because you don't understand what he said is too big for you
Illiterate, look at how you spell "ikenga" and you want readers to take your statements seriously.
No wonder education is a haram for most of you cos u don't understand wat he was saying..de matter is still In court n he was telling people what de judge said instead of people misleading de people on what the court said n did not say.
This man is really useless lawyer what a pity to legal professionals.
I regret voting for.fubara
Why?
Why
Imagine yourself being in the shoes of Fubara. Wear a reasoning cap on issues of this nature. Be fair!
Keep regretting
You will soon regret going to school if you did, you regret exercising your right because of someone else?
The appeal court judgement is straightforward nothing to celebrate (pro wike lawmakers)
michaelchikwendu ❤🎉