Lack of 'Jurisdiction', Doesn't Mean Lack of Merit or No Right To Appeal Over Ruling

Written By Ibeh Gift Amarachi
For Family Writers Press

There is a local adage that says; "Passing Six Is Not Passing Sense". As a matter of fact, i hardly utilize this line, until I repeatedly see the display of supposed educated individuals throwing misguided Online tantrums without proper appraisal and displaying poor discernment over matters.

The online misquotes on the recent ruling made by a District Of Columbia (DC) Court in the United States, indicates the level of archaic Nigeria Educational deteriorating state, thus a better reason why IPOB agitates for Biafra restoration.

With the level of poor comprehension and discernment of this ruling, which is obviously as a result of envy instigated beclouded reasoning and poor educational background, it is of great paramountcy that one breaks down the recent media reports on the rulings made in District Of Columbia(D.C) Court in the United States and Reasons for dismissal of the case by the Trial Judge, Dabney Friedrich. 

There are questions needed to be answered, so as to tutor the lost minds.

Why Was IPOB Suit In D.C Court Dismissed?
The Trial Judge Dabney Friedrich quashed the suit; 'FOR LACK OF JURISDICTION BECAUSE, OFFICIALS OF THE NIGERIA GOVERNMENT ENJOY FOREIGN IMMUNITY'.

He never did because, The Suit Lacks Merit or IPOB has no right to appeal in a Court ascendant to District of Columbia Court.

What Does "Lack Of Jurisdiction" Entails In Law?

Lack of jurisdiction in Law simply means, 'THE LACK OF COMMAND OR AUTHORITY BY A COURT TO ENTERTAIN A CASE'. In other words, the total deficiency of Power to treat the charges.

Now when a Court lacks the Jurisdiction to act upon a case, it signifies that there is a Supreme Court, that can entertain such charges, hence it should be taken there.

 

 

 

 

 

Court in USA

Lack of 'Jurisdiction', Doesn't Mean Lack of Merit or No Right To Appeal Over Ruling

It means such charges are too Vital for it to entertain, thus creates the need for refiling and appealing in a higher court.

Even in Nigeria Local Courts, some IPOB activists spend prolonged time on detention because, most of the Lower Courts where they are first arraigned by the Nigeria security agents, denied possessing the Jurisdiction to Grant Bail on charges like Treasonable Felony, Terrorism and other frivolous charges considered to be legally critical, thus demands the Application be filed in the High Court and the activists remanded in Prisons.

Though the charges against IPOB activists are baseless, IPOB Legal Team filed for Bail in High Court, following the rulings. A typical example is IPOB Donald Trump Rally January 20th victims, who were denied Bail in Rivers State Magistrate Court, as it ruled lack of Jurisdiction to grant Bail on Treasonable Felony Charges, upon which an Application for Bail was filed in the High Court. Another is the September 14th 2017 Operation Python Dance Victims, 
arrested by Abia State Police Command and were denied Bail in Umuahia Magistrate Court based on Terrorism and other groundless charges, but were granted Bail in Abia State High Court.
We still have detained victims, whose applications are still before the High Court because, we have the right to demand for our rights legally.

The Immunity Of Nigeria Government Officials, does not mean a court which is Supreme over District Of Columbia (D.C) Court, can not rule against their murderous crimes.

In Law no individual has the right to MURDER or violate the human right of another fellow. If a court has no Jurisdiction to handle such matter, it will be refiled or appealed.
The Legal Counsels representing IPOB, DC Attorneys Bruce Fein and Delvalle PLLC, are capable of Appealing in courts that possesses the Jurisdiction, to entertain the case.
The matter is undergoing Processes that are better kept out of publicity, but shall birth positive results.

 

 

 

 

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