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Constitutional Crisis Looms As Cjn’s Tenure Ends In Three Weeks - Politics - Nairaland

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Constitutional Crisis Looms As Cjn’s Tenure Ends In Three Weeks by Mario1983(m): 6:48am On Mar 31, 2019
The nation may be plunged into a constitutional crisis in about three weeks as the tenure of the acting Chief Justice of Nigeria , Justice Muhammad Tanko , comes to an end ,

Muhammad was inaugurated by President Muhammadu Buhari on January 25 , 2019 following an order by the Code of Conduct Tribunal that the substantive CJN , Justice Walter Onnoghen , be suspended and the next in line of seniority , be sworn in.
However , the constitution states that the President cannot re -appoint an acting CJN unless on the recommendation of the National Judicial Council .
Section 231 ( 4) and ( 5 ) states , “If the office of Chief Justice of Nigeria is vacant or if the person holding the office is for any reason unable to perform the functions of the office , then until a person has been appointed to and has assumed the functions of that office , or until the person holding has resumed those functions , the President shall appoint the most senior Justice of the Supreme Court to perform those functions .
“Except on the recommendation of the National Judicial Council , an appointment pursuant to the provisions of subsection ( 4 ) of this section shall cease to have effect after the expiration of three months from the date of such appointment , and the President shall not re - appointment a person whose appointment has lapsed.”

Onnoghen and Muhammad are facing a probe by the NJC , the body responsible for the discipline and appointment of judges .
While Onnoghen was given a query by the NJC to respond to allegations on why he failed to declare some of his assets as required by law , the acting CJN was asked to respond to a query on why he allowed himself to be sworn in by Buhari without the recommendation of the NJC as stipulated by the constitution .
Onnoghen has challenged his suspension before the Court of Appeal but the appellate court has withheld judgment for unknown reasons while the case before the CCT has been given an accelerated hearing .
Buhari will only be able to extend Justice Muhammad ’s tenure if the NJC sends his name to the President for confirmation .
The President will subsequently be expected to send his name to the Senate for confirmation .
However , the current Senate , led by Senate President Bukola Saraki , has been at loggerheads with the executive branch .
The upper chamber of the National Assembly harshly criticised Buhari for suspending Onnoghen and had even threatened to drag the executive arm of government to the Supreme Court .
Reliable sources in the Presidency feared that if Buhari nominates Muhammad as the CJN to the Senate , the current set of lawmakers would likely reject his nomination .
The current Senate will expire in June , and Saraki, who lost re - election , will not be part of the 9 th Senate .
Speaking with our correspondent on Saturday , however , Chief Robert Clarke ( SAN ) said it was too early to speculate as the NJC still had three weeks .
Clarke said the constitution is clear that the appointment of judges should be on the basis of seniority and since Onnoghen remained under suspension , the NJC would have to extend the tenure of Justice Muhammad , who is also being probed by the council .
He said , “The Constitution will not allow a vacuum in any instance . It says the most senior judge will take over as acting CJN . After three months, the NJC can recommend another three months . He has no definitive tenure . It only said if the position is not vacant , the most senior must act .
“The NJC can recommend Tanko ( Muhammad ) again . I know the NJC will do the right thing. They know more than you and I , they know what to do . The constitution says the most senior . So , the NJC cannot recommend just anyone . Let ’ s not speculate .”
Also speaking with our correspondent , human rights lawyer , Jiti Ogunye , believed there would be no constitutional crisis because Nigeria always found its way out of such issues .

Ogunye added , “The point is when that time comes , a way would be found . The NJC that is still grappling with the issue of the treatment meted to Onnoghen , which is still considering petitions against him and that of the acting CJN for the fact that he presented himself to be appointed by the President , is that the same NJC that will have time that will be considering what will happen to him in three weeks ?

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Re: Constitutional Crisis Looms As Cjn’s Tenure Ends In Three Weeks by Deomovies: 6:53am On Mar 31, 2019
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1 Like

Re: Constitutional Crisis Looms As Cjn’s Tenure Ends In Three Weeks by Kwamecron(m): 7:05am On Mar 31, 2019
[img][/img] sad
Re: Constitutional Crisis Looms As Cjn’s Tenure Ends In Three Weeks by EazyMoh(m): 7:16am On Mar 31, 2019
pachukwudi44 come and inteprete constitution for Nigeria abeg, shey na Onnoghen wey suppose appoint the next CJN? grin grin grin
Re: Constitutional Crisis Looms As Cjn’s Tenure Ends In Three Weeks by Dannyset(m): 7:20am On Mar 31, 2019
Mario1983:
The nation may be plunged into a constitutional crisis in about three weeks as the tenure of the acting Chief Justice of Nigeria , Justice Muhammad Tanko , comes to an end ,

Muhammad was inaugurated by President Muhammadu Buhari on January 25 , 2019 following an order by the Code of Conduct Tribunal that the substantive CJN , Justice Walter Onnoghen , be suspended and the next in line of seniority , be sworn in.
However , the constitution states that the President cannot re -appoint an acting CJN unless on the recommendation of the National Judicial Council .
Section 231 ( 4) and ( 5 ) states , “If the office of Chief Justice of Nigeria is vacant or if the person holding the office is for any reason unable to perform the functions of the office , then until a person has been appointed to and has assumed the functions of that office , or until the person holding has resumed those functions , the President shall appoint the most senior Justice of the Supreme Court to perform those functions .
“Except on the recommendation of the National Judicial Council , an appointment pursuant to the provisions of subsection ( 4 ) of this section shall cease to have effect after the expiration of three months from the date of such appointment , and the President shall not re - appointment a person whose appointment has lapsed.”

Onnoghen and Muhammad are facing a probe by the NJC , the body responsible for the discipline and appointment of judges .
While Onnoghen was given a query by the NJC to respond to allegations on why he failed to declare some of his assets as required by law , the acting CJN was asked to respond to a query on why he allowed himself to be sworn in by Buhari without the recommendation of the NJC as stipulated by the constitution .
Onnoghen has challenged his suspension before the Court of Appeal but the appellate court has withheld judgment for unknown reasons while the case before the CCT has been given an accelerated hearing .
Buhari will only be able to extend Justice Muhammad ’s tenure if the NJC sends his name to the President for confirmation .
The President will subsequently be expected to send his name to the Senate for confirmation .
However , the current Senate , led by Senate President Bukola Saraki , has been at loggerheads with the executive branch .
The upper chamber of the National Assembly harshly criticised Buhari for suspending Onnoghen and had even threatened to drag the executive arm of government to the Supreme Court .
Reliable sources in the Presidency feared that if Buhari nominates Muhammad as the CJN to the Senate , the current set of lawmakers would likely reject his nomination .
The current Senate will expire in June , and Saraki, who lost re - election , will not be part of the 9 th Senate .
Speaking with our correspondent on Saturday , however , Chief Robert Clarke ( SAN ) said it was too early to speculate as the NJC still had three weeks .
Clarke said the constitution is clear that the appointment of judges should be on the basis of seniority and since Onnoghen remained under suspension , the NJC would have to extend the tenure of Justice Muhammad , who is also being probed by the council .
He said , “The Constitution will not allow a vacuum in any instance . It says the most senior judge will take over as acting CJN . After three months, the NJC can recommend another three months . He has no definitive tenure . It only said if the position is not vacant , the most senior must act .
“The NJC can recommend Tanko ( Muhammad ) again . I know the NJC will do the right thing. They know more than you and I , they know what to do . The constitution says the most senior . So , the NJC cannot recommend just anyone . Let ’ s not speculate .”
Also speaking with our correspondent , human rights lawyer , Jiti Ogunye , believed there would be no constitutional crisis because Nigeria always found its way out of such issues .

Ogunye added , “The point is when that time comes , a way would be found . The NJC that is still grappling with the issue of the treatment meted to Onnoghen , which is still considering petitions against him and that of the acting CJN for the fact that he presented himself to be appointed by the President , is that the same NJC that will have time that will be considering what will happen to him in three weeks ?

You got your answer there.

1 Like

Re: Constitutional Crisis Looms As Cjn’s Tenure Ends In Three Weeks by Wiseandtrue(f): 7:23am On Mar 31, 2019
Hmmmmmmm Buhari has turned the laws in Nigeria upside down

The Judiciary is even confused undecided

They don't even know their right from their left anymore!!!

What a shame undecided

8 Likes 1 Share

Re: Constitutional Crisis Looms As Cjn’s Tenure Ends In Three Weeks by aolawale025: 7:23am On Mar 31, 2019
Njc should put up the next in line
Re: Constitutional Crisis Looms As Cjn’s Tenure Ends In Three Weeks by shuttox: 8:24am On Mar 31, 2019
Even Buhari is confusing me..
Everybody in Nigeria is confused too
Re: Constitutional Crisis Looms As Cjn’s Tenure Ends In Three Weeks by nonsobaba: 8:31am On Mar 31, 2019
EazyMoh:
pachukwudi44 come and inteprete constitution for Nigeria abeg, shey na Onnoghen wey suppose appoint the next CJN? grin grin grin
Papa Chukwudi 44 has transmuted to ChristianNorth giving himself false hope that when Atiku wins in court via dubai server results, Onnoghen will be reinstated cheesy grin

5 Likes

Re: Constitutional Crisis Looms As Cjn’s Tenure Ends In Three Weeks by SpatialKing(m): 8:32am On Mar 31, 2019
Even Nigerian Slay Queens & Slay Mamas are getting confused...
Re: Constitutional Crisis Looms As Cjn’s Tenure Ends In Three Weeks by surveyProf(m): 9:31am On Mar 31, 2019
The question is does the president of Nigeria follows the Constitutional law? All this are just stories to him....
Re: Constitutional Crisis Looms As Cjn’s Tenure Ends In Three Weeks by dheilaw1(m): 9:44am On Mar 31, 2019
Wiseandtrue:
Hmmmmmmm Buhari has turned the laws in Nigeria upside down

The Judiciary is even confused undecided

They don't even know their right from their left anymore!!!

What a shame undecided
cry me a river

2 Likes

Re: Constitutional Crisis Looms As Cjn’s Tenure Ends In Three Weeks by SarkinYarki: 9:46am On Mar 31, 2019
EazyMoh:
pachukwudi44 come and inteprete constitution for Nigeria abeg, shey na Onnoghen wey suppose appoint the next CJN? grin grin grin
Onnoghen remains the CJN till the NJC and NASS say otherwise..Tanko is playing an imaginary role only visible in the minds of Buhari and bitter Buharists

4 Likes 3 Shares

Re: Constitutional Crisis Looms As Cjn’s Tenure Ends In Three Weeks by NaMeAboki: 9:50am On Mar 31, 2019
The status quo would be maintain; the NJC would accordingly be obliged to nominate Mohammed, as the next most senior officer; Saraki is already a spent force unlikely to have the Senate backing he once had to cause any more trouble - even if he wanted to.

1 Like

Re: Constitutional Crisis Looms As Cjn’s Tenure Ends In Three Weeks by ChristianNorth: 11:28am On Mar 31, 2019
nonsobaba:
Papa Chukwudi 44 has transmuted to ChristianNorth giving himself false hope that when Atiku wins in court via dubai server results, Onnoghen will be reinstated cheesy grin
I think say Buhari is irredeemable, but your own mumu thick pass
Re: Constitutional Crisis Looms As Cjn’s Tenure Ends In Three Weeks by garfield1: 11:54am On Mar 31, 2019
nonsobaba:
Papa Chukwudi 44 has transmuted to ChristianNorth giving himself false hope that when Atiku wins in court via dubai server results, Onnoghen will be reinstated cheesy grin
Are you sure? Chtlristian north is far more intelligent than pa chukwudi.christian is grounded in law while chukwudi is abusive and highly sentimental.am confused sha.the similarity is that both specializes legal politics defending pdp
Re: Constitutional Crisis Looms As Cjn’s Tenure Ends In Three Weeks by Amuocha: 12:12pm On Mar 31, 2019
Great

Malami would advice Buhari on an extension of the 'fake' CJN's appointment by 6months.
Re: Constitutional Crisis Looms As Cjn’s Tenure Ends In Three Weeks by Dreambeat: 12:19pm On Mar 31, 2019
Don't worry the crook in Aso rock will find a way out in order to continue to perpetrate illegality.Trust me he will.He would rather disobey the constitution in order to hold on to power instead of doing the right thing.He knows that Nigerians will do nothing about it.
Re: Constitutional Crisis Looms As Cjn’s Tenure Ends In Three Weeks by figment232(m): 12:24pm On Mar 31, 2019
NaMeAboki:
The status quo would be maintain; the NJC would accordingly be obliged to nominate Mohammed, as the next most senior officer; Saraki is already a spent force unlikely to have the Senate backing he once had to cause any more trouble - even if he wanted to.
Zombies assumptions.
Re: Constitutional Crisis Looms As Cjn’s Tenure Ends In Three Weeks by abbaapple: 12:35pm On Mar 31, 2019
[s][/s] lipsrsealed
Mario1983:
The nation may be plunged into a constitutional crisis in about three weeks as the tenure of the acting Chief Justice of Nigeria , Justice Muhammad Tanko , comes to an end ,

Muhammad was inaugurated by President Muhammadu Buhari on January 25 , 2019 following an order by the Code of Conduct Tribunal that the substantive CJN , Justice Walter Onnoghen , be suspended and the next in line of seniority , be sworn in.
However , the constitution states that the President cannot re -appoint an acting CJN unless on the recommendation of the National Judicial Council .
Section 231 ( 4) and ( 5 ) states , “If the office of Chief Justice of Nigeria is vacant or if the person holding the office is for any reason unable to perform the functions of the office , then until a person has been appointed to and has assumed the functions of that office , or until the person holding has resumed those functions , the President shall appoint the most senior Justice of the Supreme Court to perform those functions .
“Except on the recommendation of the National Judicial Council , an appointment pursuant to the provisions of subsection ( 4 ) of this section shall cease to have effect after the expiration of three months from the date of such appointment , and the President shall not re - appointment a person whose appointment has lapsed.”

Onnoghen and Muhammad are facing a probe by the NJC , the body responsible for the discipline and appointment of judges .
While Onnoghen was given a query by the NJC to respond to allegations on why he failed to declare some of his assets as required by law , the acting CJN was asked to respond to a query on why he allowed himself to be sworn in by Buhari without the recommendation of the NJC as stipulated by the constitution .
Onnoghen has challenged his suspension before the Court of Appeal but the appellate court has withheld judgment for unknown reasons while the case before the CCT has been given an accelerated hearing .
Buhari will only be able to extend Justice Muhammad ’s tenure if the NJC sends his name to the President for confirmation .
The President will subsequently be expected to send his name to the Senate for confirmation .
However , the current Senate , led by Senate President Bukola Saraki , has been at loggerheads with the executive branch .
The upper chamber of the National Assembly harshly criticised Buhari for suspending Onnoghen and had even threatened to drag the executive arm of government to the Supreme Court .
Reliable sources in the Presidency feared that if Buhari nominates Muhammad as the CJN to the Senate , the current set of lawmakers would likely reject his nomination .
The current Senate will expire in June , and Saraki, who lost re - election , will not be part of the 9 th Senate .
Speaking with our correspondent on Saturday , however , Chief Robert Clarke ( SAN ) said it was too early to speculate as the NJC still had three weeks .
Clarke said the constitution is clear that the appointment of judges should be on the basis of seniority and since Onnoghen remained under suspension , the NJC would have to extend the tenure of Justice Muhammad , who is also being probed by the council .
He said , “The Constitution will not allow a vacuum in any instance . It says the most senior judge will take over as acting CJN . After three months, the NJC can recommend another three months . He has no definitive tenure . It only said if the position is not vacant , the most senior must act .
“The NJC can recommend Tanko ( Muhammad ) again . I know the NJC will do the right thing. They know more than you and I , they know what to do . The constitution says the most senior . So , the NJC cannot recommend just anyone . Let ’ s not speculate .”
Also speaking with our correspondent , human rights lawyer , Jiti Ogunye , believed there would be no constitutional crisis because Nigeria always found its way out of such issues .

Ogunye added , “The point is when that time comes , a way would be found . The NJC that is still grappling with the issue of the treatment meted to Onnoghen , which is still considering petitions against him and that of the acting CJN for the fact that he presented himself to be appointed by the President , is that the same NJC that will have time that will be considering what will happen to him in three weeks ?
[s][/s]


angry


Where is your source And you expect such thread to hit fp SMH
Re: Constitutional Crisis Looms As Cjn’s Tenure Ends In Three Weeks by Tofax: 12:37pm On Mar 31, 2019
Mario1983:
The nation may be plunged into a constitutional crisis in about three weeks as the tenure of the acting Chief Justice of Nigeria , Justice Muhammad Tanko , comes to an end ,

Muhammad was inaugurated by President Muhammadu Buhari on January 25 , 2019 following an order by the Code of Conduct Tribunal that the substantive CJN , Justice Walter Onnoghen , be suspended and the next in line of seniority , be sworn in.
However , the constitution states that the President cannot re -appoint an acting CJN unless on the recommendation of the National Judicial Council .
Section 231 ( 4) and ( 5 ) states , “If the office of Chief Justice of Nigeria is vacant or if the person holding the office is for any reason unable to perform the functions of the office , then until a person has been appointed to and has assumed the functions of that office , or until the person holding has resumed those functions , the President shall appoint the most senior Justice of the Supreme Court to perform those functions .
“Except on the recommendation of the National Judicial Council , an appointment pursuant to the provisions of subsection ( 4 ) of this section shall cease to have effect after the expiration of three months from the date of such appointment , and the President shall not re - appointment a person whose appointment has lapsed.”

Onnoghen and Muhammad are facing a probe by the NJC , the body responsible for the discipline and appointment of judges .
While Onnoghen was given a query by the NJC to respond to allegations on why he failed to declare some of his assets as required by law , the acting CJN was asked to respond to a query on why he allowed himself to be sworn in by Buhari without the recommendation of the NJC as stipulated by the constitution .
Onnoghen has challenged his suspension before the Court of Appeal but the appellate court has withheld judgment for unknown reasons while the case before the CCT has been given an accelerated hearing .
Buhari will only be able to extend Justice Muhammad ’s tenure if the NJC sends his name to the President for confirmation .
The President will subsequently be expected to send his name to the Senate for confirmation .
However , the current Senate , led by Senate President Bukola Saraki , has been at loggerheads with the executive branch .
The upper chamber of the National Assembly harshly criticised Buhari for suspending Onnoghen and had even threatened to drag the executive arm of government to the Supreme Court .
Reliable sources in the Presidency feared that if Buhari nominates Muhammad as the CJN to the Senate , the current set of lawmakers would likely reject his nomination .
The current Senate will expire in June , and Saraki, who lost re - election , will not be part of the 9 th Senate .
Speaking with our correspondent on Saturday , however , Chief Robert Clarke ( SAN ) said it was too early to speculate as the NJC still had three weeks .
Clarke said the constitution is clear that the appointment of judges should be on the basis of seniority and since Onnoghen remained under suspension , the NJC would have to extend the tenure of Justice Muhammad , who is also being probed by the council .
He said , “The Constitution will not allow a vacuum in any instance . It says the most senior judge will take over as acting CJN . After three months, the NJC can recommend another three months . He has no definitive tenure . It only said if the position is not vacant , the most senior must act .
“The NJC can recommend Tanko ( Muhammad ) again . I know the NJC will do the right thing. They know more than you and I , they know what to do . The constitution says the most senior . So , the NJC cannot recommend just anyone . Let ’ s not speculate .”
Also speaking with our correspondent , human rights lawyer , Jiti Ogunye , believed there would be no constitutional crisis because Nigeria always found its way out of such issues .

Ogunye added , “The point is when that time comes , a way would be found . The NJC that is still grappling with the issue of the treatment meted to Onnoghen , which is still considering petitions against him and that of the acting CJN for the fact that he presented himself to be appointed by the President , is that the same NJC that will have time that will be considering what will happen to him in three weeks ?

https://punchng.com/constitutional-crisis-looms-as-cjns-tenure-ends-in-three-weeks/
Re: Constitutional Crisis Looms As Cjn’s Tenure Ends In Three Weeks by NaMeAboki: 1:25pm On Mar 31, 2019
figment232:
Zombies assumptions.

Is Zombie your father's name?
Re: Constitutional Crisis Looms As Cjn’s Tenure Ends In Three Weeks by figment232(m): 2:21pm On Mar 31, 2019
NaMeAboki:


Is Zombie your father's name?
Zombie BOY
Re: Constitutional Crisis Looms As Cjn’s Tenure Ends In Three Weeks by NaMeAboki: 3:21pm On Mar 31, 2019
figment232:


Zombie BOY

Your father's name - ok, I see.
Re: Constitutional Crisis Looms As Cjn’s Tenure Ends In Three Weeks by yuanexchanger: 3:23pm On Mar 31, 2019
These people still using us to play games

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