The Ribadu debate I
General Sir,
Margaret Ekpo and Funmilayo Ransome-Kuti were listed, I would merely add Gambo Sawaba as a further example. The whole essence being that we have as a nation gone more backwards than forwards....the men and women a generation hold dear say a lot about what it is.
...an urgent need palpates throughout our body polity for the replacement of indigestible posturing with tangible discourse and to construct persons-as-alternatives, within and (to whatever extent possible!) within the integrated state of our empty barrels of ruling elites as against such straw men and hay women as the ribless Ribadus and now-unadorable Dora. These would not only signify new hope and a re-orientation towards social progress of Nigeria-it would be a constitutive element of this re-construction of the future we seem to be plunging into with reckless allure.
Warm compliments of the season, ba' mi...
Regards,
BA
Baba Aye
--- On Mon, 12/29/08, ishola williams
From: ishola williams
Subject: Re: [FOIcoalition] NUHU RIBADU ’S DISMISSAL: A CASE OF FARCICAL ILLEGALITIES
To: FOIcoalition@yahoogroups.com
Date: Monday, December 29, 2008, 7:40 PM
Fela'ani, long time! In taking "essential note" of the formulation of our courst as "Courts of Law and Equity", I would separate both (while pointing out -in passing here- that juridical "equity" in an inherently socio-economic reality of brash inequitability makes its conception nothing but loud ideological noise), and take our courts as courts of law and decidedly so!
During the '92 case of the 40+ rusticated Akokites/Idairabites vs Unilag, Kessington corrected Falana that the court is not a Court of Justice, but one of law. And since law sets itself the task of order; order of persons as simulatively similar/politically identical- the citizen! (the basis of its deemed "rule") but distinct entities (individuals who lay claim to the positive blindness of the law's rule to realize their declared freedoms, rights, etc) to ensure the order of things and relations which are and shape the social collective of the (legal) beings that we are; it is only natural that in it's role as interpreter indeed guardian of law, the judiciary (even where radical judgements are made that seem to fly in the face of the immediate interests of the powers that primarily benefit from the existing order) safeguards that order. Justice which is at the same time both real (in the interstices which law provides) and for the immense majority of the population on the most important aspects of life itself (all what Chp 2 of their constitution sets as social objectives which you can't hold them to!) is illusory, not being justiciable. "Justice" then becomes what even in fighting between them takes up brilliant shifting colours like the chameleon's hide.
In this pitiable context both the legal and the illegal become "farcical" in our country. The rulings on both the 2003 & 2007 polls more clearly demonstrate this.
On Ribadu? Well, I will sit back, wine in hand, gloating -and not without cause- as their street fight heats up the temparature of things a bit, with legal neon lights.
But BF; would rather think that asking Yar'Adua to declare where he belongs -to the cabal (which Ribadu till he fell out of favour, wittingly or unwittingly belonged to), or for rule of law (like that which averred that his illegitimate doorway to power was legitimate and legal after all)- is rather superfluous. He belongs to both! Recalling Ribadu (through the law courts or -even if less likely- a presidential order) will not change this.
For me though, one of our greatest tragedies as a country which produced the Raji Abdallahs, Mbonu Ojikes, Mokwugo Okoyes, Mayirue Kolagbodis, Margaret Ekpos, Aminu Kanos, Ziks, Awos, Ahmadu Bellos, Funmilayo Ransome-Kutis, Bade Onimodes, Wahab Goodlucks, Adekunle Ajasins, Yussuf Bala Usman, Alao Aka-Bashorun to mention a few, in a not too distant past is that we now have the likes of Ribadu and Akunyilis as the locus of discourse in constituting or de-mystifying our "heroes" and "heroines"......it really is a huge pity....
BA
Baba Aye
--- On Mon, 12/29/08, Omoniyi Ibietan
From: Omoniyi Ibietan
Subject: Re: [FOIcoalition] NUHU RIBADU ’S DISMISSAL: A CASE OF FARCICAL ILLEGALITIES
To: FOIcoalition@yahoogroups.com
Date: Monday, December 29, 2008, 11:43 AM
NUHU RIBADU’S DISMISSAL: A CASE OF FARCICAL ILLEGALITIES
Bamidele Aturu Esq
I have read like other people the purported dismissal of Mallam Nuhu Ribadu from the Nigeria Police Force by the Police Service Commission. The dismissal is illegal, unlawful and unconstitutional in the extreme. It is farcical to say the very least. I intend to show why I have taken this position.
First, Category M, paragraphs 29 and 30 of Part 1 to the Third Schedule vests disciplinary control of officers of Ribadu’s rank exclusively on the Police Service Commission. The Commission cannot delegate that important duty to any other organization or body. Thus, the recommendations of the Committee set up by the IG and not the Police Service Commission is absolutely illegal. It offends the maxim Delegatus non potest delegare. I have no doubt that a court of law and of equity would nullify the recommendation of a panel set up by a man who has no power to discipline of officers of Ribadu’s rank.
Second, even if we concede for the purpose of argument that the Commission could reach its decision by looking at any report brought to its notice, it is clear beyond any doubt that having received the illegal report the Commission owes Mr Ribadu a duty to invite him to explain his side of the story before deciding to act on the one-sided report of the Committee set up by the IG. This is a constitutional duty guaranteed by section 36 of the Constitution. By that section all Nigerians have a right to fair hearing in the determination of their civil rights and obligations. For breaching this important democratic right the decision of the Commission is fitting for the dust bin as a court of law and of equity would waste no time in thrashing it. The issue here now is not the refusal of Ribadu to appear before the illegal committee but the fact that he was not given any opportunity to appear before the Police Service Commission. The Commission seems to have
confused appearing before the IG committee with appearing before it.
Third, the Commission is aware that all the issues upon which Ribadu was charged from refusing to wear his ‘demoted’ rank to the transfer to Benin are matters submitted to the jurisdiction of the court. By dismissing him on those issues the Commission has trampled on the rule of law and gone against the decision of the Supreme Court in Ojukwu v Governor of Lagos State that no party can take the law in his hands. Indeed what the Commission has done by sacking Ribadu during the pendency of the case amounts to executive lawlessness in the words of the Supreme Court. That is enough to nullify the nonsensical dismissal.
The most laughable charge is that there is a pristine regulation of the police breached by Ribadu. That regulation according to the police forbids the institution of action against the police by officers. That regulation is illegal and unconstitutional as section 6 of the Constitution clearly stipulates that the judicial powers of the country shall extend to all persons. Indeed any agreement that ousts the jurisdiction of court is void. It is embarrassing that the police authorities can be quoting such an illegal regulation. It is shameful indeed.
The authorities could have exercised patience for the court to rule one way or the other. Now they have helped Mr Ribadu prove his case that he is a victim of some corrupt gangsters out to humiliate him by all means. It is disgraceful that men and women of the Police Service Commission have made themselves willing tools in the hands of the corrupt and deadly cabal. What a shame.
I call on the President to reverse the farcical dismissal of Ribadu. Happily, section 158(1) makes it clear that the Commission is subject to the direction and control of the President in the exercise of its power. If the President is not working with the cabal he should rely on section 158 to reverse the purported dismissal of Mallam Nuhu Ribadu. Period.
************ ********* ********* ********* ********* ********* ********
BAMIDELE ATURU & CO.
24, MBONU OJIKE STREET, OFF AYINDE GIWA STREET,
OFF ALHAJI MASHA ROAD, SURULERE,
LAGOS STATE. NIGERIA. TEL.NO : 01-8043418,
08023128967, 08055999888, 08033375796, 01-7218732, 01-7910967.
EMAIL:aturulaw@yahoo. com
WEBPAGE: www.aturulaw. 50megs.com
Margaret Ekpo and Funmilayo Ransome-Kuti were listed, I would merely add Gambo Sawaba as a further example. The whole essence being that we have as a nation gone more backwards than forwards....the men and women a generation hold dear say a lot about what it is.
...an urgent need palpates throughout our body polity for the replacement of indigestible posturing with tangible discourse and to construct persons-as-alternatives, within and (to whatever extent possible!) within the integrated state of our empty barrels of ruling elites as against such straw men and hay women as the ribless Ribadus and now-unadorable Dora. These would not only signify new hope and a re-orientation towards social progress of Nigeria-it would be a constitutive element of this re-construction of the future we seem to be plunging into with reckless allure.
Warm compliments of the season, ba' mi...
Regards,
BA
Baba AyeZimmer 10, Heckershauser Str., 19A
D34127, Kassel, Germany
+49-1628714379
babaaye.blog.co.uk (titbits of my life, sort of)
solidarityandstruggle.blogspot.com (on theory and practice)
Skype name: iron1lion
Skype name: iron1lion
"if you are the big tree, we are the small axe, ready to cut you down"
- Bob Marley
"We will no longer hear your command, we'll seize the control from your hands
we will fan the flames of our anger and pain....Amandla, Ngawethu"
- UB 40
- Bob Marley
"We will no longer hear your command, we'll seize the control from your hands
we will fan the flames of our anger and pain....Amandla, Ngawethu"
- UB 40
--- On Mon, 12/29/08, ishola williams
From: ishola williams
Subject: Re: [FOIcoalition] NUHU RIBADU ’S DISMISSAL: A CASE OF FARCICAL ILLEGALITIES
To: FOIcoalition@yahoogroups.com
Date: Monday, December 29, 2008, 7:40 PM
BabaAye,Thank you for your wisdom in naming the true Heroes and pls include heroines like the ABA women,Lady Ekpo,Lady Ransome Kuti etc.
Our descent to mediocrity has led to making false heroes qand hereoines.Again there are generational differences, however,personal and insttitutional culture,discipline integrity and good conscience will remain eternal.
IWFela'ani, long time! In taking "essential note" of the formulation of our courst as "Courts of Law and Equity", I would separate both (while pointing out -in passing here- that juridical "equity" in an inherently socio-economic reality of brash inequitability makes its conception nothing but loud ideological noise), and take our courts as courts of law and decidedly so!
During the '92 case of the 40+ rusticated Akokites/Idairabites vs Unilag, Kessington corrected Falana that the court is not a Court of Justice, but one of law. And since law sets itself the task of order; order of persons as simulatively similar/politically identical- the citizen! (the basis of its deemed "rule") but distinct entities (individuals who lay claim to the positive blindness of the law's rule to realize their declared freedoms, rights, etc) to ensure the order of things and relations which are and shape the social collective of the (legal) beings that we are; it is only natural that in it's role as interpreter indeed guardian of law, the judiciary (even where radical judgements are made that seem to fly in the face of the immediate interests of the powers that primarily benefit from the existing order) safeguards that order. Justice which is at the same time both real (in the interstices which law provides) and for the immense majority of the population on the most important aspects of life itself (all what Chp 2 of their constitution sets as social objectives which you can't hold them to!) is illusory, not being justiciable. "Justice" then becomes what even in fighting between them takes up brilliant shifting colours like the chameleon's hide.
In this pitiable context both the legal and the illegal become "farcical" in our country. The rulings on both the 2003 & 2007 polls more clearly demonstrate this.
On Ribadu? Well, I will sit back, wine in hand, gloating -and not without cause- as their street fight heats up the temparature of things a bit, with legal neon lights.
But BF; would rather think that asking Yar'Adua to declare where he belongs -to the cabal (which Ribadu till he fell out of favour, wittingly or unwittingly belonged to), or for rule of law (like that which averred that his illegitimate doorway to power was legitimate and legal after all)- is rather superfluous. He belongs to both! Recalling Ribadu (through the law courts or -even if less likely- a presidential order) will not change this.
For me though, one of our greatest tragedies as a country which produced the Raji Abdallahs, Mbonu Ojikes, Mokwugo Okoyes, Mayirue Kolagbodis, Margaret Ekpos, Aminu Kanos, Ziks, Awos, Ahmadu Bellos, Funmilayo Ransome-Kutis, Bade Onimodes, Wahab Goodlucks, Adekunle Ajasins, Yussuf Bala Usman, Alao Aka-Bashorun to mention a few, in a not too distant past is that we now have the likes of Ribadu and Akunyilis as the locus of discourse in constituting or de-mystifying our "heroes" and "heroines"......it really is a huge pity....
BA
Baba AyeZimmer 10, Heckershauser Str., 19A
D34127, Kassel, Germany
+49-1628714379
babaaye.blog.co.uk (titbits of my life, sort of)
solidarityandstruggle.blogspot.com (on theory and practice)
Skype name: iron1lion
Skype name: iron1lion
"if you are the big tree, we are the small axe, ready to cut you down"
- Bob Marley
"We will no longer hear your command, we'll seize the control from your hands
we will fan the flames of our anger and pain....Amandla, Ngawethu"
- UB 40
- Bob Marley
"We will no longer hear your command, we'll seize the control from your hands
we will fan the flames of our anger and pain....Amandla, Ngawethu"
- UB 40
--- On Mon, 12/29/08, Omoniyi Ibietan
From: Omoniyi Ibietan
Subject: Re: [FOIcoalition] NUHU RIBADU ’S DISMISSAL: A CASE OF FARCICAL ILLEGALITIES
To: FOIcoalition@yahoogroups.com
Date: Monday, December 29, 2008, 11:43 AM
Thanks Very Sincerely, Mr. Aturu. This is remarkable and quite instructive. I take essential note of your words: A COURT OF LAW AND OF EQUITY. The judiciary in Nigeria can hardly be described as courts of law and of equity, and I say this with due respect to the very few judges who tried to uphold the spirit of the law with an eye on equity and justice. Thanks once again for the education. Hope you had the merriest Christmas. Do have a great year and stay blessed.
Niyi
NUHU RIBADU’S DISMISSAL: A CASE OF FARCICAL ILLEGALITIES
Bamidele Aturu Esq
I have read like other people the purported dismissal of Mallam Nuhu Ribadu from the Nigeria Police Force by the Police Service Commission. The dismissal is illegal, unlawful and unconstitutional in the extreme. It is farcical to say the very least. I intend to show why I have taken this position.
First, Category M, paragraphs 29 and 30 of Part 1 to the Third Schedule vests disciplinary control of officers of Ribadu’s rank exclusively on the Police Service Commission. The Commission cannot delegate that important duty to any other organization or body. Thus, the recommendations of the Committee set up by the IG and not the Police Service Commission is absolutely illegal. It offends the maxim Delegatus non potest delegare. I have no doubt that a court of law and of equity would nullify the recommendation of a panel set up by a man who has no power to discipline of officers of Ribadu’s rank.
Second, even if we concede for the purpose of argument that the Commission could reach its decision by looking at any report brought to its notice, it is clear beyond any doubt that having received the illegal report the Commission owes Mr Ribadu a duty to invite him to explain his side of the story before deciding to act on the one-sided report of the Committee set up by the IG. This is a constitutional duty guaranteed by section 36 of the Constitution. By that section all Nigerians have a right to fair hearing in the determination of their civil rights and obligations. For breaching this important democratic right the decision of the Commission is fitting for the dust bin as a court of law and of equity would waste no time in thrashing it. The issue here now is not the refusal of Ribadu to appear before the illegal committee but the fact that he was not given any opportunity to appear before the Police Service Commission. The Commission seems to have
confused appearing before the IG committee with appearing before it.
Third, the Commission is aware that all the issues upon which Ribadu was charged from refusing to wear his ‘demoted’ rank to the transfer to Benin are matters submitted to the jurisdiction of the court. By dismissing him on those issues the Commission has trampled on the rule of law and gone against the decision of the Supreme Court in Ojukwu v Governor of Lagos State that no party can take the law in his hands. Indeed what the Commission has done by sacking Ribadu during the pendency of the case amounts to executive lawlessness in the words of the Supreme Court. That is enough to nullify the nonsensical dismissal.
The most laughable charge is that there is a pristine regulation of the police breached by Ribadu. That regulation according to the police forbids the institution of action against the police by officers. That regulation is illegal and unconstitutional as section 6 of the Constitution clearly stipulates that the judicial powers of the country shall extend to all persons. Indeed any agreement that ousts the jurisdiction of court is void. It is embarrassing that the police authorities can be quoting such an illegal regulation. It is shameful indeed.
The authorities could have exercised patience for the court to rule one way or the other. Now they have helped Mr Ribadu prove his case that he is a victim of some corrupt gangsters out to humiliate him by all means. It is disgraceful that men and women of the Police Service Commission have made themselves willing tools in the hands of the corrupt and deadly cabal. What a shame.
I call on the President to reverse the farcical dismissal of Ribadu. Happily, section 158(1) makes it clear that the Commission is subject to the direction and control of the President in the exercise of its power. If the President is not working with the cabal he should rely on section 158 to reverse the purported dismissal of Mallam Nuhu Ribadu. Period.
************ ********* ********* ********* ********* ********* ********
BAMIDELE ATURU & CO.
24, MBONU OJIKE STREET, OFF AYINDE GIWA STREET,
OFF ALHAJI MASHA ROAD, SURULERE,
LAGOS STATE. NIGERIA. TEL.NO : 01-8043418,
08023128967, 08055999888, 08033375796, 01-7218732, 01-7910967.
EMAIL:aturulaw@yahoo. com
WEBPAGE: www.aturulaw. 50megs.com
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