Re:,All Mobile Courts are Constitutional:A Rebuttal.

By :Douglas Ogbankwa Esq. 

I read with profound  circumspection a reposte by my respected Learned Friend- Sylvester Udemezue,who goes by the sobriquet  UDEMS. While I find his analysis  interesting, I state with certainty and unequivocation that his analysis is not the position  of the Law on the Matter and I rebut same with the  following  incontrovertible Points .

1.There is no Section of the Constitution  where the nomenclature  Mobile Court is  used or where Mobile Court is mentioned in any way .Mobile Courts are only mentioned in Practice Directions of some Chief Judges. Practice Directions are Procedural Tenets accentuating an existing Law .They themselves do not have the force of Law .They only cover Lacunae in Procedure and they themselves  can not create a Mobile Court .

2.The Magistrates  Court Laws of Each State creates the Magistrate Court and designates the cadre of Magistrate  that can superintend  over the Magistrates,'  Court .The Laws do not in any way indicate  that Magistrates  can sit at or preside  Mobile  Courts .The Law on Statute of Interpretation  is that, : The Express Mention of a thing is the Exclusion  of another

No person can unilaterally imput to a Law what is not expressly provided for by the Law  .

As it pertains  to Statutes ,Statutes are to be given their ordinary  meanings  when there is no ambiguity  whatsoever and when giving the Words their ordinary  meaning does not create any haziness or indistinctness .This is  trite and does not  require  any elucidation  with a staris  decisis.

3.My Learned friend stretched imagination as to construing  a Locus in quo  to be a Mobile is an erudition against logic and the Law on the Matter .

A Locus In Quo is an Adhoc visit to the subject matter of Litigation. 

Is My Learned Friend suggesting for example  that If a Mobile Court sat at Tinubu Square in Lagos that Tinubu Square is the Locus In Quo?This proposition does not find any place in the thread  of the discourse .I discontenuance same with all sense of  equanimity and I consider it a distracting fallacy of Red Herring .

I dare My Respected Learned to mention any Law creating any Mobile Court .The Promoters of the Mobile should should solicit  for expert Opinions  to get them out of their Cul De Sac.They can not proceed with Illegality to curb another illegality .

A Legal Process must stand on the Law and Legality ,failure of which we may have a balance of illegalities and the Society  will be worse off

-Douglas Ogbankwa Esq.

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