23. Powers of the Code of Conduct Tribunal to impose punishment

(1) Where the Tribunal finds a public officer guilty of contravening any of the provisions of this Act, it shall impose upon that officer any of the punishments specified under subsection (2) of this section.

(2) The punishment which the Tribunal may impose shall include any of the following-

(a) vacation of office or any elective or nominated office, as the case may be;

(b) disqualification from holding any public office (whether elective or not) for a period not exceeding ten years; and

(c) seizure and forfeiture to the State of any property acquired in abuse or corruption of office.

(3) The punishments mentioned in subsection (2) of this section shall be without prejudice to the penalties that may be imposed by any law where the breach of conduct is also a criminal offence under the Criminal Code or any other enactment or law.

(4) Where the Tribunal gives a decision as to whether or not a person is guilty of a contravention of any of the provisions of this Act, an appeal shall lie as of right from such decision or from any punishment imposed on such person to the Court of Appeal at the instance of any party to the proceedings.

(5) Any right of appeal to the Court of Appeal from the decision of the Tribunal conferred by subsection

(4) of this section shall be exercised in accordance with the provisions of the rules of court for the time being in force regulating the powers, practice and procedure of the Court of Appeal.

(6) Nothing in this section shall prejudice the prosecution of a public officer punished under this section, or preclude such officer from being prosecuted or punished for an offence in a court of law.

(7) The provisions of the Constitution of the Federal Republic of Nigeria 1999, relating to prerogative of mercy, shall not apply to any punishment imposed in accordance with the provisions of this section.

24. Rules of procedure and institution of proceedings

(1) The rules of procedure to be adopted in any prosecution for the offences under this Act before the Tribunal, and the forms to be used in such prosecutions shall be as set out in the Third Schedule to this Act.

(2) Prosecutions for all offences referred to in this Act shall be instituted in the name of the Federal Republic of Nigeria by the Attorney-General of the Federation or such officers in the Federal Ministry of Justice as the Attorney-General of the Federation may authorise so to do.

(3) For the purpose of subsection (2) of this section, the Attorney-General of the Federation may-

(a) after consultation with the Attorney-General of any State in the Federation, authorise any officer of the Ministry of Justice of the State concerned to undertake any such prosecutions directly or assist therein; or

(b) if the Tribunal so requests, or if contingencies so dictate, authorise any other legal practitioner in Nigeria to undertake any such prosecution or assist therein:

Provided that the question whether any authority has been given in pursuance of this subsection shall not be inquired into by any person.

(4) Any person accused of any offence referred to in this Act shall be entitled to defend himself in person or by a person of his own choice who is a legal practitioner resident in Nigeria.

Lok

Olodo OP. Has the CCT found him guilty?

Op you are a danger to this Republic

U should be the OKPA here, didn't you see the order from the CCT, YEYE DEY OOZE

clefstone:
Olodo OP. Has the CCT found him guilty?

You are forgetting the CJN is equivalent to president in his own rights head of an Arm of Govt just like the president and for such officers the constitution doesnt mince words on how the can be removed ..If the CCT cannot suspend the president then it cannot even imagine to suspend the CJN..accept that Buhari the idiot bastard has bitten more than he can chew

clefstone:
Olodo OP. Has the CCT found him guilty?

Yes sir

See the pictures of the cct order of his suspension.

Are you a better lawyer than the NJC, NBA, SAN's whom have acknowledged this gaffe ?

Even Sagay is speechless...

Why wasnt the Senate president suspended by the president during his travails at the CCT... so they just realised they have such powers less than three weeks to an election... Yeye dey smell

[s]

Biodun556:
23. Powers of the Code of Conduct Tribunal to impose punishment

(1) Where the Tribunal finds a public officer guilty of contravening any of the provisions of this Act, it shall impose upon that officer any of the punishments specified under subsection (2) of this section.

(2) The punishment which the Tribunal may impose shall include any of the following-

(a) vacation of office or any elective or nominated office, as the case may be;

(b) disqualification from holding any public office (whether elective or not) for a period not exceeding ten years; and

(c) seizure and forfeiture to the State of any property acquired in abuse or corruption of office.

(3) The punishments mentioned in subsection (2) of this section shall be without prejudice to the penalties that may be imposed by any law where the breach of conduct is also a criminal offence under the Criminal Code or any other enactment or law.

(4) Where the Tribunal gives a decision as to whether or not a person is guilty of a contravention of any of the provisions of this Act, an appeal shall lie as of right from such decision or from any punishment imposed on such person to the Court of Appeal at the instance of any party to the proceedings.

(5) Any right of appeal to the Court of Appeal from the decision of the Tribunal conferred by subsection

(4) of this section shall be exercised in accordance with the provisions of the rules of court for the time being in force regulating the powers, practice and procedure of the Court of Appeal.

(6) Nothing in this section shall prejudice the prosecution of a public officer punished under this section, or preclude such officer from being prosecuted or punished for an offence in a court of law.

(7) The provisions of the Constitution of the Federal Republic of Nigeria 1999, relating to prerogative of mercy, shall not apply to any punishment imposed in accordance with the provisions of this section.

24. Rules of procedure and institution of proceedings

(1) The rules of procedure to be adopted in any prosecution for the offences under this Act before the Tribunal, and the forms to be used in such prosecutions shall be as set out in the Third Schedule to this Act.

(2) Prosecutions for all offences referred to in this Act shall be instituted in the name of the Federal Republic of Nigeria by the Attorney-General of the Federation or such officers in the Federal Ministry of Justice as the Attorney-General of the Federation may authorise so to do.

(3) For the purpose of subsection (2) of this section, the Attorney-General of the Federation may-

(a) after consultation with the Attorney-General of any State in the Federation, authorise any officer of the Ministry of Justice of the State concerned to undertake any such prosecutions directly or assist therein; or

(b) if the Tribunal so requests, or if contingencies so dictate, authorise any other legal practitioner in Nigeria to undertake any such prosecution or assist therein:

Provided that the question whether any authority has been given in pursuance of this subsection shall not be inquired into by any person.

(4) Any person accused of any offence referred to in this Act shall be entitled to defend himself in person or by a person of his own choice who is a legal practitioner resident in Nigeria.

[/s]

The CCT Ex parte order is no order.

1. The Code of Conduct Tribunal cannot make any recommendations constitutionally as regards the discipline of a judicial officer let alone the CJN. So that ex parte order is no order at all.

2. The President of Federal Republic of Nigeria doesn't have constitutional express power to suspend the CJN. Only the National Judicial Council can. Therefore Pa. Buhari's action is a nullity.

3. The swearing-in of an acting CJN suggests that Onnoghen was removed and this cannot happen without the NJC's recommendation and Senate's confirmation before the President can give effect to the removal.

4. There is an extant order of the Court of Appeal stating categorically that the CJN must be left in office until the allegation against him is proven in a court of law. The President's actions are in violation of that court order.

So, If the actions of the President and the CCT are a nullity under the law and a violation of an extant order of a Superior Court, is it compulsory that CJN goes to court to invalidate these actions? I really don't think so.

If the extant CJN, appointed by a constitutional means is sought to be removed by a Kangaroo process, should he go to court to challenge the process or sit tight because, in the eyes of the law, nothing has been done to his position.

SalamRushdie:
You are forgetting the CJN is equivalent to president in his own rights head of an Arm of Govt just like the president and for such officers the constitution doesnt mince words on how the can be removed ..If the CAT cannot suspend the president then it cannot even imagine to suspend the CJN..accept that Buhari the idiot bastard has bitten more than he can chew

As there is principle of separation of power at same time there is principle of check and balance in the constitution: all organs of governments are interdependent to ensure checks and balance.

Anambralstson:
[s][/s]

The CCT Ex parte order is no order.

1. The Code of Conduct Tribunal cannot make any recommendations constitutionally as regards the discipline of a judicial officer let alone the CJN. So that ex parte order is no order at all.

2. The President of Federal Republic of Nigeria doesn't have constitutional express power to suspend the CJN. Only the National Judicial Council can. Therefore Pa. Buhari's action is a nullity.

3. The swearing-in of an acting CJN suggests that Onnoghen was removed and this cannot happen without the NJC's recommendation and Senate's confirmation before the President can give effect to the removal.

4. There is an extant order of the Court of Appeal stating categorically that the CJN must be left in office until the allegation against him is proven in a court of law. The President's actions are in violation of that court order.

So, If the actions of the President and the CCT are a nullity under the law and a violation of an extant order of a Superior Court, is it compulsory that CJN goes to court to invalidate these actions? I really don't think so.

If the extant CJN, appointed by a constitutional means is sought to be removed by a Kangaroo process, should he go to court to challenge the process or sit tight because, in the eyes of the law, nothing has been done to his position.

NJC is professional body that can only act on professional conducts of members. Should we refer a justice to NJC for knocking down someone with his vehicle?

yes of course its constitutional
Only ipob, pdp and corrupt pple think otherwise, it is suspension not removal

I am commenting this because I hope you are someone who can unlearn, learn and relearn.

First, the constitution is the supreme law of the land. When other laws is not in confomance with the laws written in the constitution, the one in the constitution is obeyed.

Secondly, you cannot achieve legality by illegal means. Legality means following rule of law and due process only. The due process is that the CJN appears FIRST before the NJC not before the CCT. Also, the CJN cannot be suspended singlehandedly by the president or on recommendations of CCT without the input of the NJC or the Senate.

More so, I have observed that the President chooses which law to obey and which to disregards depending on what favours him. This is definitely not going to help us as a nation.

Buhari advisers are very wicked. I'm afraid, the end of Buhari would be worse than his beginning. The man has squandered all the goodwill of 2015

.

clefstone:
Olodo OP. Has the CCT found him guilty?

The CJN himself admitted in writing that he committed the " crime of omission".

He declared himself guilty.

You are the Olodo

Biodun556:
23. Powers of the Code of Conduct Tribunal to impose punishment

(1) Where the Tribunal finds a public officer guilty of contravening any of the provisions of this Act, it shall impose upon that officer any of the punishments specified under subsection (2) of this section.

(2) The punishment which the Tribunal may impose shall include any of the following-

(a) vacation of office or any elective or nominated office, as the case may be;

(b) disqualification from holding any public office (whether elective or not) for a period not exceeding ten years; and

(c) seizure and forfeiture to the State of any property acquired in abuse or corruption of office.

(3) The punishments mentioned in subsection (2) of this section shall be without prejudice to the penalties that may be imposed by any law where the breach of conduct is also a criminal offence under the Criminal Code or any other enactment or law.

(4) Where the Tribunal gives a decision as to whether or not a person is guilty of a contravention of any of the provisions of this Act, an appeal shall lie as of right from such decision or from any punishment imposed on such person to the Court of Appeal at the instance of any party to the proceedings.

(5) Any right of appeal to the Court of Appeal from the decision of the Tribunal conferred by subsection

(4) of this section shall be exercised in accordance with the provisions of the rules of court for the time being in force regulating the powers, practice and procedure of the Court of Appeal.

(6) Nothing in this section shall prejudice the prosecution of a public officer punished under this section, or preclude such officer from being prosecuted or punished for an offence in a court of law.

(7) The provisions of the Constitution of the Federal Republic of Nigeria 1999, relating to prerogative of mercy, shall not apply to any punishment imposed in accordance with the provisions of this section.

24. Rules of procedure and institution of proceedings

(1) The rules of procedure to be adopted in any prosecution for the offences under this Act before the Tribunal, and the forms to be used in such prosecutions shall be as set out in the Third Schedule to this Act.

(2) Prosecutions for all offences referred to in this Act shall be instituted in the name of the Federal Republic of Nigeria by the Attorney-General of the Federation or such officers in the Federal Ministry of Justice as the Attorney-General of the Federation may authorise so to do.

(3) For the purpose of subsection (2) of this section, the Attorney-General of the Federation may-

(a) after consultation with the Attorney-General of any State in the Federation, authorise any officer of the Ministry of Justice of the State concerned to undertake any such prosecutions directly or assist therein; or

(b) if the Tribunal so requests, or if contingencies so dictate, authorise any other legal practitioner in Nigeria to undertake any such prosecution or assist therein:

Provided that the question whether any authority has been given in pursuance of this subsection shall not be inquired into by any person.

(4) Any person accused of any offence referred to in this Act shall be entitled to defend himself in person or by a person of his own choice who is a legal practitioner resident in Nigeria.

^^^^^
^^^^^
Onnoghen has already admitted that he forgot to
declare the money in the domiciliary accounts
which is an offense... All these people are not
even talking about that... It is a shame on PDP
and the rest like Agbakoba. A crime was committed
and the man was suspended... Not removed.


Why the scare mongering by Ologbondiyan
and some other lawyers? The way they have
all been making threats shows they are
corrupt and have something to hide.


Dr Aghanya, the man who exposed the Onnoghen
Hidden accounts said he is being threatened
and being offered money running to N1 billion
if he drops the case. The financial offers are
coming from the same people who are shouting
and defending Justice Onnoghen publicly.

The interview was granted to Saturday Punch
last week on pages 1&2. Clearly corruption is
alive in the Judiciary especially when it comes to
electoral matters. Where did Onnoghen get such
huge undeclared money - over $3million from?

Onnoghen has admitted that he did not declare
the money in the accounts.

Elections must proceed!

Biodun556:
23. Powers of the Code of Conduct Tribunal to impose punishment

(1) Where the Tribunal finds a public officer guilty of contraveniYou are already admitting the CJN has been sacked. When you are contesting an action, you would say Purported Sack. ng any of the provisions of this Act, it shall impose upon that officer any of the punishments specified under subsection (2) of this section.

(2) The punishment which the Tribunal may impose shall include any of the following-

(a) vacation of office or any elective or nominated office, as the case may be;

(b) disqualification from holding any public office (whether elective or not) for a period not exceeding ten years; and

(c) seizure and forfeiture to the State of any property acquired in abuse or corruption of office.

(3) The punishments mentioned in subsection (2) of this section shall be without prejudice to the penalties that may be imposed by any law where the breach of conduct is also a criminal offence under the Criminal Code or any other enactment or law.

(4) Where the Tribunal gives a decision as to whether or not a person is guilty of a contravention of any of the provisions of this Act, an appeal shall lie as of right from such decision or from any punishment imposed on such person to the Court of Appeal at the instance of any party to the proceedings.

(5) Any right of appeal to the Court of Appeal from the decision of the Tribunal conferred by subsection

(4) of this section shall be exercised in accordance with the provisions of the rules of court for the time being in force regulating the powers, practice and procedure of the Court of Appeal.

(6) Nothing in this section shall prejudice the prosecution of a public officer punished under this section, or preclude such officer from being prosecuted or punished for an offence in a court of law.

(7) The provisions of the Constitution of the Federal Republic of Nigeria 1999, relating to prerogative of mercy, shall not apply to any punishment imposed in accordance with the provisions of this section.

24. Rules of procedure and institution of proceedings

(1) The rules of procedure to be adopted in any prosecution for the offences under this Act before the Tribunal, and the forms to be used in such prosecutions shall be as set out in the Third Schedule to this Act.

(2) Prosecutions for all offences referred to in this Act shall be instituted in the name of the Federal Republic of Nigeria by the Attorney-General of the Federation or such officers in the Federal Ministry of Justice as the Attorney-General of the Federation may authorise so to do.

(3) For the purpose of subsection (2) of this section, the Attorney-General of the Federation may-

(a) after consultation with the Attorney-General of any State in the Federation, authorise any officer of the Ministry of Justice of the State concerned to undertake any such prosecutions directly or assist therein; or

(b) if the Tribunal so requests, or if contingencies so dictate, authorise any other legal practitioner in Nigeria to undertake any such prosecution or assist therein:

Provided that the question whether any authority has been given in pursuance of this subsection shall not be inquired into by any person.

(4) Any person accused of any offence referred to in this Act shall be entitled to defend himself in person or by a person of his own choice who is a legal practitioner resident in Nigeria.

Please read that bold part. The CCT must have found the person guilty. In this case, they have not even commenced the trial. The man has not been arraigned, there are still couples of application here and there.

omogidi234:


Please read that bold part. The CCT must have found the person guilty. In this case, they have not even commenced the trial. The man has not been arraigned, there are still couples of application here and there.

The man declared himself guilty when he admitted to his falsehood.

He admitted that he "forgot" to declare some of his assets.

That is a confession of guilt

Konquest:

^^^^^
^^^^^
Onnoghen has already admitted that he forgot to
declare the money in the domiciliary accounts
which is an offense... All these people are not
even talking about that... It is a shame on PDP
and the rest like Agbakoba. A crime was committed
and the man was suspended... Not removed.


Why the scare mongering by Ologbondiyan
and some other lawyers? The way they have
all been making threats shows they are
corrupt and have something to hide.


Dr Aghanya, the man who exposed the Onnoghen
Hidden accounts said he is being threatened
and being offered money running to N1 billion
if he drops the case. The financial offers are
coming from the same people who are shouting
and defending Justice Onnoghen publicly.

The interview was granted to Saturday Punch
last week on pages 1&2. Clearly corruption is
alive in the Judiciary especially when it comes to
electoral matters. Where did Onnoghen get such
huge undeclared money - over $3million from?

Onnoghen has admitted that he did not declare
the money in the accounts.

Elections must proceed!

Nigerians must not always rely on the opinion of lawyers who like to play on words and duel on technicalities in law. They will come on the media to condem corruption and go to court next day to defend corruption.

In a saner clime, the cjn would have resigned honorably and save us from this needless crises.

Having admitted to committing the error in writing, the only sensible and dignified move for him would have been resignation.

But unfortunately we are in Nigeria and resignation is not in our lexicon.

Tetehjewels:


The CJN himself admitted in writing that he committed the " crime of omission".

He declared himself guilty.

You are the Olodo

Mr man, don't show ur ignorance here. The 'dirty' order from the CCT stated that he should step aside pending the completion of his trial with the CCT. If he has been found guilty, what is he being tried for at the CCT?

Tetehjewels:

The CJN himself admitted in writing that he committed the " crime of omission".
He declared himself guilty.
You are the Olodo

^^^^ Thank you! The members of the corruption mafia are in the Judiciary, a section of the media and among politicians who have offered bribes to the judges and that is why people like the PDP spokesman Ologbondiyan and a lot of lawyers are saying it is a coup and using all kinds of stupid adjectives to defend Onnoghen and divert attention from their evil ways and schemes.

Onnoghen should say how he got over $3million that Some of his colleagues who have worked for 50years in the Judiciary or legal profession do not have.


They might be proceeds of electoral bribes linked to one of the big political parties in Nigeria to pervert justice!

Corruption is killing Nigeria but Nigerians in the Diaspora and at home must not give up, but crush it!

Biodun556:


Yes sir

See the pictures of the cct order of his suspension.

Where is the guilty verdict there? The letter clearly states that he should step aside based on an 'allegation'. What the law states is that the CJN should be removed 'if found guilty' of contravention of the CCB law.

clefstone:
Mr man, don't show ur ignorance here. The 'dirty' order from the CCT stated that he should step aside pending the completion of his trial with the CCT. If he has been found guilty, what is he being tried for at the CCT?

Below is the very word from the CJN himself giving the CCT absolute powers as provided by our constitution when it comes to issues under their direct jurisdiction such as false asset declaration.

He never envisaged that one day he would fall victim to his own ruling

Read the below and shut up with your mental nuisance.

If I may repeat, the Code of Conduct Tribunal has been established with the exclusive jurisdiction to deal with all violations contravening any of the provisions of the Code as per paragraph 15(1). This provision has expressly ousted the powers of ordinary regular courts in respect of such violations.

“The Tribunal to the exclusion of other courts is also empowered to impose any punishments as specified under sub-paragraphs (2) (a), (b) & (c) of paragraph 18 as provided in sub-paragraphs 3 and 4 of paragraph 18 while appeals shall lie as of right from such decisions to the Court of Appeal.

The real important question to ask at this stage is what is the consequences of the violation of the aforesaid paragraphs of the 5th Schedule to the 1999 Constitution?



“The answer to the above question is to be found in Paragraph 12 of the said Part 1 of the 5th Schedule which enacts as follows: -‘Any allegation that a public officer has committed a breach of provisions of this code shall be made to the Code of Conduct Bureau.’

“It is my considered view that the above provision is very clear and unambiguous. It provides a remedy in the event of any alleged breach of the provisions. The remedy lies with the Code of Conduct Bureau which has been clothed with the requisite jurisdiction to handle such matters.”

Tetehjewels:


The man declared himself guilty when he admitted to his falsehood.

He admitted that he "forgot" to declare some of his assets.

That is a confession of guilt

Please let us argue with the provisions of the law. Where is it stated that when he admits guilt, then he is guilty?

That's not the way our laws work If a police officer caught someone killing, he still have to go to court to prove it, he cannot say because he caught him then kill him immediately.

Nobody is arguing that the man has done well but remove him through the right process. What the President has done is like the National Assembly saying based on the order off CCT The President is hereby impeached.

Biodun556:




Nigerians must not always rely on the opinion of lawyers who like to play on words and duel technicalities in law. They will come on the media to condem corruption and go to court next day to defend corruption.

^^^^^^
^^^^^^

Absolutely... Sometimes one gets exasperated
with the legal profession because of the double speak
from some lawyers and their legalese!

omogidi234:



Please let us argue with the provisions of the law. Where is it stated that when he admits guilt, then he is guilty?

That's not the way our laws work If a police officer caught someone killing, he still have to go to court to prove it, he cannot say because he caught him then kill immediately.

Nobody is arguing that the man has done well but remove him through the right process. What the President has done is like the National Assembly saying based on the order off CCT The President is hereby impeached.

Read the very words of the CJN himself which I posted above when he gave absolute powers to the CCT when it comes to false assets declaration.

Those absolute powers have been given to the CCT by our constitution when it comes to issues directly under their jurisdiction.

Read the above

Konquest:

^^^^
Thank you! The members of the corruption mafia
are in the Judiciary, a section of the media and
among politicians who have offered bribes to
the judges and that is why people like the PDP
spokesman Ologbondiyan and a lot of lawyers
are saying it is a coup and using all kinds of
stupid adjectives to defend Onnoghen and divert
attention from their evil ways and schemes.


Onnoghen should say how he got over $3million that
Some of his colleagues who have worked for 50years
in the Judiciary or legal profession do not have.



They might be proceeds of electoral bribes linked
to one of the big political parties in Nigeria to
pervert justice!


Corruption is killing Nigeria but Nigerians in the
Diaspora and at home must not give up, but crush
it!

Bunch of hypocrites