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Vacuum Looms In Judiciary As Buhari Yet To Accept Recommendation Of New CJN.. - Politics (2) - Nairaland

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Re: Vacuum Looms In Judiciary As Buhari Yet To Accept Recommendation Of New CJN.. by modath(f): 6:39am On Nov 07, 2016
kcnwaigbo:

Did they seek his consent before amending the Cct law?

Aswerigod, I knew you were gonna say this, cross my heart... cheesy

Has the amendment passed? You think the legislathieves humouring Saraki do not know their boundaries? They know they are over reaching & that it will never pass..sure banker.

If you are unwavering, we can place a bet (I totally hate betting) on that? Ymodulus will be our escrow person.. if I win. I'm giving to charity.. suggest a figure! smiley

2 Likes

Re: Vacuum Looms In Judiciary As Buhari Yet To Accept Recommendation Of New CJN.. by kcnwaigbo: 6:40am On Nov 07, 2016
Mynd44:

Doctrine of necessity invoked in a matter of constitutional amendment?

Good Lawd, do you know what you are typing?

FYI, a constitutional amendment requires 2/3 of 2/3.

Dont ask me to explain that. If you dont get it, you won't
How exactly was GEJ sworn in as acting president? Was there any constitutional amendment? The worse is that Justice Onoggen will act in acting capacity as long as possible. This is not even the first time something like this will be happening. It happened when Yaradua was sick and the outgoing CJN swear in the incoming CJN

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Re: Vacuum Looms In Judiciary As Buhari Yet To Accept Recommendation Of New CJN.. by kcnwaigbo: 6:42am On Nov 07, 2016
modath:


Aswerigod, I knew you were gonna say this, cross my heart... cheesy

Has the amendment passed? You think the legislathieves humouring Saraki do not know their boundaries? They know they are over reaching & that it will never pass..sure banker.

If you are unwavering, we can place a bet (I totally hate betting) on that? Ymodulus will be our escrow person.. if I win. I'm giving to charity.. suggest a figure! smiley

The amendment has been passed by both chambers of the NASS. It is awaiting the president,'s assent or veto within the 30 days stipulated

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Re: Vacuum Looms In Judiciary As Buhari Yet To Accept Recommendation Of New CJN.. by sarrki(m): 6:43am On Nov 07, 2016
Mynd44:

No. The senate cannot on its own ammend the Constitution. It is illegal. They need the input of the States house of assembly

They don't know how govt operates

They are only here to rant
Re: Vacuum Looms In Judiciary As Buhari Yet To Accept Recommendation Of New CJN.. by Mynd44: 6:43am On Nov 07, 2016
kcnwaigbo:

How exactly was GEJ sworn in as acting president? Was there any constitutional amendment? The worse is that Justice Onoggen will act in acting capacity as long as possible. This is not even the first time something like this will be happening. It happened when Yaradua was sick and the outgoing CJN swear in the incoming CJN
Apparently, you cant follow through different strings of discussions at the same time without resulting to incoherence.

I am done with you biko

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Re: Vacuum Looms In Judiciary As Buhari Yet To Accept Recommendation Of New CJN.. by kahal29: 6:43am On Nov 07, 2016
kcnwaigbo:

Yesooo Good morning my dear. How is our friend Uche Ogah and his certificate of return doing.BTW the case at the appeal court in the ondo debacle resumes today

KC my man. Hope you keep me updated as the court session take they go?

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Re: Vacuum Looms In Judiciary As Buhari Yet To Accept Recommendation Of New CJN.. by saintmark88(m): 6:47am On Nov 07, 2016
kcnwaigbo:
I think its time for the Senate to amend the relevant section of the constitution that gave the president powers to forward the name of the new CJN to the Senate or swear him in!!! That provision is not really necessary

Too bad the Senate alone can't do that... There has to be a overwhelming support by 2/3 majority from the state houses of assembly,

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Re: Vacuum Looms In Judiciary As Buhari Yet To Accept Recommendation Of New CJN.. by kcnwaigbo: 6:50am On Nov 07, 2016
Mynd44:

Apparently, you cant follow through different strings of discussions at the same time without resulting to incoherence.

I am done with you biko
Chief justice of Nigeria Aloysius Katsina-Alu was sworn in as the CJN using the doctrine of necessity in January 2010 when Yaradua was sick and unavailable. He was sworn in by the outgoing CJN Justice Kutigi.A presidential dereliction of duty will be argued and the NJC will proceed to swear in the next CJN. We already have a precedent

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Re: Vacuum Looms In Judiciary As Buhari Yet To Accept Recommendation Of New CJN.. by sarrki(m): 6:52am On Nov 07, 2016
kcnwaigbo:

Chief justice of Nigeria Aloysius Katsina-Alu was sworn in as the CJN using the doctrine of necessity in January 2010 when Yaradua was sick and unavailable. He was sworn in by the outgoing CJN Justice Kutigi.A presidential dereliction of duty will be argued and the NJC will proceed to swear in the next CJN. We already have a precedent

Barrister lawyer in our midst

grin

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Re: Vacuum Looms In Judiciary As Buhari Yet To Accept Recommendation Of New CJN.. by saintmark88(m): 6:54am On Nov 07, 2016
kcnwaigbo:

He does not make any choice, his role is ceremonial just in the same way the CJN swears him in.The CJN cannot say he will not swear in the president-elect because he dosent like his face.Likewise the president cannot say he will not forward the name of the CJN- designate to the Senate. It is an impeachable offence.Worst thing that will happen will be the Senate stripping him of the powers to forward the names of the CJN to them

The constitution says he will forward the name to the Senate. It does not give him the powers to reject any name. We might be heading for another doctrine of necessity in the swearing in of the next CJN

Kai did we read d same article, c how u r twisting it, it said d president appoints D CJN on d recommendation of the NJC, but if for any reason the president doesn't want the person, den he can ask d NJC to recommend a diff person.... So last last D powers blong to d president

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Re: Vacuum Looms In Judiciary As Buhari Yet To Accept Recommendation Of New CJN.. by modath(f): 6:57am On Nov 07, 2016
Mynd44:

Apparently, you cant follow through different strings of discussion at the same time without resulting to incoherence.

I am done with you biko

Told you, smiley, you can't win this lai lai... KC reads the constitution, analyses topical trending issues in a special way..

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Re: Vacuum Looms In Judiciary As Buhari Yet To Accept Recommendation Of New CJN.. by fuckerholic(m): 7:01am On Nov 07, 2016
Bubu is still shocked on hearing and seeing the southern christian name being forwarded to him as the next in line constitutionally favoured CJN. Wake up baba na the reality be that you can't help nor alter it.

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Re: Vacuum Looms In Judiciary As Buhari Yet To Accept Recommendation Of New CJN.. by kcnwaigbo: 7:05am On Nov 07, 2016
sarrki:


Barrister lawyer in our midst

grin
This is not about barrister in our midst. why not Google the circumstances sorrounding the appointment of Justice Aloysius Katsina-Alu as the CJN in 2010.No presidential input was used

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Re: Vacuum Looms In Judiciary As Buhari Yet To Accept Recommendation Of New CJN.. by sixtus239: 7:06am On Nov 07, 2016
bubu u r a threat to democracy

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Re: Vacuum Looms In Judiciary As Buhari Yet To Accept Recommendation Of New CJN.. by kcnwaigbo: 7:08am On Nov 07, 2016
saintmark88:


Kai did we read d same article, c how u r twisting it, it said d president appoints D CJN on d recommendation of the NJC, but if for any reason the president doesn't want the person, den he can ask d NJC to recommend a diff person.... So last last D powers blong to d president
My dear the constitution says the president appoints on the recommendations of the NJC. It does not in any part of the constitution give him the powers to reject the nomination. Just like the CJN is empowered by the constitution to swear in the president-elect.Are you now saying after a president is elected at the polls,the CJN can chose to reject him and refuse to swear him in?

That article you read was just a writers opinion and not in the constitution

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Re: Vacuum Looms In Judiciary As Buhari Yet To Accept Recommendation Of New CJN.. by saintmark88(m): 7:40am On Nov 07, 2016
kcnwaigbo:

My dear the constitution says the president appoints on the recommendations of the NJC. It does not in any part of the constitution give him the powers to reject the nomination. Just like the CJN is empowered by the constitution to swear in the president-elect.Are you now saying after a president is elected at the polls,the CJN can chose to reject him and refuse to swear him in?

That article you read was just a writers opinion and not in the constitution

Xo hu made u a custodian of the constitution, the writer quoted D constitution oga, go and read it again..... D CJN doesn't have d powers of d presidency, d CJN isn't elected by d people, so he has no right to reject a candidate Tht has been elected by d people, he is appointed by d president, so d president can reject D recommendation of the NJC and it's constitutional. Spreading and defending a lie doesn't wouldn't make it right

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Re: Vacuum Looms In Judiciary As Buhari Yet To Accept Recommendation Of New CJN.. by President99: 7:44am On Nov 07, 2016
kcnwaigbo:

He does not make any choice, his role is ceremonial just in the same way the CJN swears him in.The CJN cannot say he will not swear in the president-elect because he dosent like his face.Likewise the president cannot say he will not forward the name of the CJN- designate to the Senate. It is an impeachable offence.Worst thing that will happen will be the Senate stripping him of the powers to forward the names of the CJN to them

The constitution says he will forward the name to the Senate. It does not give him the powers to reject any name. We might be heading for another doctrine of necessity in the swearing in of the next CJN
Hope U dont have cognition challenges! By virtue of Section 231 of the 1999
Constitution, it is the prerogative of the
president to appoint a CJN.
Section 231(1) explicitly provides: “The
appointment of a person to the office of
Chief Justice of Nigeria shall be made by
the President on the recommendation of
the National Judicial Council (NJC),
subject to confirmation of such
appointment by the Senate.”
However, in law, the president is not
bound to accept his nomination. He also
cannot bypass the council in making the
appointment.
If for any reason, the president does not
want to appoint the recommended justice,
he is at liberty to ask the NJC to
recommend to him another suitable
candidate for the office. The disparities r clear even to the blind!!
So does CJN have the power to reject swearing of President-elect?

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Re: Vacuum Looms In Judiciary As Buhari Yet To Accept Recommendation Of New CJN.. by kcnwaigbo: 8:02am On Nov 07, 2016
President99:
Hope U dont have cognition challenges! By virtue of Section 231 of the 1999
Constitution, it is the prerogative of the
president to appoint a CJN.
Section 231(1) explicitly provides: “The
appointment of a person to the office of
Chief Justice of Nigeria shall be made by
the President on the recommendation of
the National Judicial Council (NJC),
subject to confirmation of such
appointment by the Senate.”
However, in law, the president is not
bound to accept his nomination. He also
cannot bypass the council in making the
appointment.
If for any reason, the president does not
want to appoint the recommended justice,
he is at liberty to ask the NJC to
recommend to him another suitable
candidate for the office. The disparities r clear even to the blind!!
So does CJN have the power to reject swearing of President-elect?
You are yet to show me where in the constitution the president is given the right to reject the nomination!! The laws says the appointment of the CJN SHALL be made by the president. The word shall denotes compulsion. It is only the Senate that is constitutionally empowered to reject the nomination


You will need to research on the legal implications of the word "SHALL" and how different it is from "MAY"

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Re: Vacuum Looms In Judiciary As Buhari Yet To Accept Recommendation Of New CJN.. by President99: 8:07am On Nov 07, 2016
kcnwaigbo:

You are yet to show me where in the constitution the president is given the right to reject the nomination!! The laws says the appointment of the CJN SHALL be made by the president. The word shall denotes compulsion. It is only the Senate that is constitutionally empowered to reject the nomination
Which part of the Nigerian constitution do U know? Jst to have a clue of where I should start teaching U!

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Re: Vacuum Looms In Judiciary As Buhari Yet To Accept Recommendation Of New CJN.. by President99: 8:08am On Nov 07, 2016
kcnwaigbo:

You are yet to show me where in the constitution the president is given the right to reject the nomination!! The laws says the appointment of the CJN SHALL be made by the president. The word shall denotes compulsion. It is only the Senate that is constitutionally empowered to reject the nomination
Which part of the Nigerian constitution do U know? Jst to have a clue of where I should start teaching U!

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Re: Vacuum Looms In Judiciary As Buhari Yet To Accept Recommendation Of New CJN.. by kcnwaigbo: 8:14am On Nov 07, 2016
President99:
Which part of the Nigerian constitution do U know? Jst to have a clue of where I should start teaching U!
You obviously don't know any part of it and in no position to teach me

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Re: Vacuum Looms In Judiciary As Buhari Yet To Accept Recommendation Of New CJN.. by President99: 8:17am On Nov 07, 2016
kcnwaigbo:

You obviously don't know any part of it and in no position to teach me
Well, U've got ur opinion no matter how wrong it could be!

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Re: Vacuum Looms In Judiciary As Buhari Yet To Accept Recommendation Of New CJN.. by LordVarys: 8:17am On Nov 07, 2016
Justice Aloma Mukthar was one of the dissenting Justices along with Onnoghen and Oguntade that annulled Yar'Adua and Jonathan's Election. Yet when she was nominated to be CJN, Jonathan recognising the need for separation of powers promply accepted it and forwarded her nomination to the Senate making her the 1st female CJN.
Because a couple of state election petitions didn't go their way, these dolts in govt want to bring down the nation's hallowed Supreme Court

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Re: Vacuum Looms In Judiciary As Buhari Yet To Accept Recommendation Of New CJN.. by kahal29: 9:07am On Nov 07, 2016
kcnwaigbo:

You obviously don't know any part of it and in no position to teach me

KC Ooo... This is not attack Oooo but just to say that the President or the Governor can reject the recommendation of the NJC just like Amaechi did in the case of Rivers CJ. Amaechi refused to accept Justice Daisy Okocha that was recommended by NJC.

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Re: Vacuum Looms In Judiciary As Buhari Yet To Accept Recommendation Of New CJN.. by ArabMopol(m): 9:23am On Nov 07, 2016
I won't be surprise with the outcome is either musa or Ahmed or Muhammad... mallams has taken over our country.... TUFIAKWA

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Re: Vacuum Looms In Judiciary As Buhari Yet To Accept Recommendation Of New CJN.. by ArabMopol(m): 9:24am On Nov 07, 2016
I won't be surprise with the outcome it's either musa or Ahmed or Muhammad... mallams has taken over our country.... TUFIAKWA

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Re: Vacuum Looms In Judiciary As Buhari Yet To Accept Recommendation Of New CJN.. by drnoel: 9:27am On Nov 07, 2016
kcnwaigbo:

He does not make any choice, his role is ceremonial just in the same way the CJN swears him in.The CJN cannot say he will not swear in the president-elect because he dosent like his face.Likewise the president cannot say he will not forward the name of the CJN- designate to the Senate. It is an impeachable offence.Worst thing that will happen will be the Senate stripping him of the powers to forward the names of the CJN to them

The constitution says he will forward the name to the Senate. It does not give him the powers to reject any name. We might be heading for another doctrine of necessity in the swearing in of the next CJN

If Bubu forwards the said name all these speculation will end but my interest in this issue is what the senators esp the southern one will undertake if Bubu decides that he wants a northerner and calls for a new name to be forwarded to him.
Re: Vacuum Looms In Judiciary As Buhari Yet To Accept Recommendation Of New CJN.. by DropShot: 9:34am On Nov 07, 2016
kcnwaigbo:

He does not make any choice, his role is ceremonial just in the same way the CJN swears him in.The CJN cannot say he will not swear in the president-elect because he dosent like his face.Likewise the president cannot say he will not forward the name of the CJN- designate to the Senate. It is an impeachable offence.Worst thing that will happen will be the Senate stripping him of the powers to forward the names of the CJN to them

The constitution says he will forward the name to the Senate. It does not give him the powers to reject any name. We might be heading for another doctrine of necessity in the swearing in of the next CJN
Did you read the report?

1 Like

Re: Vacuum Looms In Judiciary As Buhari Yet To Accept Recommendation Of New CJN.. by Billygee2u: 9:35am On Nov 07, 2016
kcnwaigbo:
I think its time for the Senate to amend the relevant section of the constitution that gave the president powers to forward the name of the new CJN to the Senate or swear him in!!! That provision is not really necessary

1 Like

Re: Vacuum Looms In Judiciary As Buhari Yet To Accept Recommendation Of New CJN.. by Billygee2u: 9:36am On Nov 07, 2016
phemmie06:
Nominate a Northerner and see how he will accept him within two hours

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Re: Vacuum Looms In Judiciary As Buhari Yet To Accept Recommendation Of New CJN.. by Oblang(m): 9:43am On Nov 07, 2016
kcnwaigbo:

The president does not have the powers to reject the CJN-nominee.Likewise the CJN does not have the powers to reject the president-elect

Says who. The president can actually reject their nomination and ask for another. He can't just appoint without the NJC..

However, in law, the president is not bound to accept his nomination. He also cannot bypass the council in making the appointment.

If for any reason, the president does not want to appoint the recommended justice, he is at liberty to ask the NJC to recommend to him another suitable candidate for the office.

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Re: Vacuum Looms In Judiciary As Buhari Yet To Accept Recommendation Of New CJN.. by Dhugal: 9:49am On Nov 07, 2016
The President cannot reject a validly-made nomination by the NJC,only the Senate has that power. The 'shall' in that section binds him.

We all witnessed the outcome of Amaechi trying to go outside the recommendation of the NJC,as pertain to the Chief Judge of Rivers state.

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