Ogunlewe's quote of section 292(1)(b) (see the highlighted phrase in the article) by leaving out a couple of words suggested that the President/Governor can remove any judicial officer - in any case. The actual section 292(1)(b) actually exempts the judicial officers to which section 292(1)(a) applies from the powers granted the president/governor in section 292(1)(b): "(b) in any case, [size=14pt]other than those to which paragraph (a) of this subsection applies[/size], by the President or, as the case may be, the Governor acting on the recommendation of the National Judicial Council that the judicial officer be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct.

Ogunlewe also argued that section 292(1)(b) is more appropriate because it mentioned "misconduct", but in reality the possible reasons for removal in the two sections are exactly the same.

As you can see below section 292(1)(a) specifically mentioned the "President of the Court of Appeal".

292. (1) A judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances -

(a) in the case of -

(i) Chief Justice of Nigeria, [size=14pt]President of the Court of Appeal[/size], Chief Judge of the Federal High Court, Chief Judge of the High Court of the Federal Capital Territory, Abuja, Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja and President, Customary Court of Appeal of the Federal Capital Territory, Abuja, by the President acting on an address supported by two-thirds majority of the Senate.

(ii) Chief Judge of a State, Grand Kadi of a Sharia Court of Appeal or President of a Customary Court of Appeal of a State, by the Governor acting on an address supported by two-thirds majority of the House of Assembly of the State,

Praying that he be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct;

(b) in any case, other than those to which paragraph (a) of this subsection applies, by the President or, as the case may be, the Governor acting on the recommendation of the National Judicial Council that the judicial officer be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct.

(2) Any person who has held office as a judicial officer shall not on ceasing to be a judicial officer for any reason whatsoever thereafter appear or act as a legal practitioner before any court of law or tribunal in Nigeria.

http://www.sunnewsonline.com/webpages/news/national/2011/aug/26/national-26-08-2011-004.html
Friday, August 26, 2011

Former minister of works, Senator Adeseye Ogunlewe, has endorsed the removal of Justice Ayo Salami by President Goodluck Jonathan, describing the action as constitutional.

He faulted the Action Congress of Nigeria (ACN) and other commentators who have denounced the presidnt’s action.
In a statement in Lagos, Ogunlewe, a lawyer, contended that both the NJC and President Jonathan had acted constitutionally and that their actions were in order.

According to him, “Having followed the various comments on this matter, it comes out clearly that there have been deliberate attempts to interprete the constitution in a way to suit some particular interest and objectives, otherwise both the NJC and President Goodluck Jonathan had acted well in accordance with the clear provisions of the 1999 constitution.

“The politicians have misapplied the relevant sections of the constitution in abridged form to hide the substantive value of section 292 (b), which actually empowers the president on this issue. And it is regrettable that their allies in the so-called civil society are also being dogmatic in their evaluation but which is understandable.
“For the information of members of the public, section 292 is in two parts. Section 292 (1) states-a judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances, by the President acting on an address supported by two thirds majority of the Senate.” This portion deals with retirement without misconduct.

“However, section 292 (b) states-[size=14pt]in any case, other than those in paragraph (a) of this subsection applies[/size], by the President or as the case may be, the Governor acting on the recommendation of the National Judicial Council that the judicial officer be so removed for , or for misconduct or contravention of the Code of Conduct. Noted, Hon. Isa Salami was suspended in accordance with the provision of section 292(b) above which the president has accordingly acted upon constitutionally.

“For the avoidance of doubt, both the NJC and the President acted in conformity with the provisions of the 1999 Constitution as amended. The issue is that most commentators restrict their comments only to the provisions in section 292(a) without reading the (b) part of it which is more appropriate since the offence committed was a misconduct and against the Code of Conduct for judicial officers as described in section 292 1 (b).

“Also as part of the functions of the NJC as listed in Third Schedule Part 1 section 21 (b ) of the constitution, the President is empowered to remove any judicial officer and to exercise disciplinary control over such officers.

“So, the clamour and demonstration paid for by the ACN is not necessary, particularly since Justice Salami can go to court to seek remedy for his suspension due to misconduct.”

What are you saying? Ogunlewe is right or the President is wrong?

The President is totally wrong, and Ogunlewe doesn't know how to read the constitution.

Ogunlewe is probably speaking based on hearsay, rather than actual reading of the constitution.

Same thing applies to the President, he probably did not consult a constitutional lawyer before acting. The alternative that he acted against the constitution knowingly or that the Attorney Generall gave him this interpretation or any other one would be telling.

werepeLeri:

What are you saying? Ogunlewe is right or the President is wrong?

koruji:

The President is totally wrong, and Ogunlewe doesn't know how to read the constitution.

Ogunlewe is probably speaking based on hearsay, rather than actual reading of the constitution.

Same thing applies to the President, he probably did not consult a constitutional lawyer before acting. The alternative that he acted against the constitution knowingly or that the Attorney Generall gave him this interpretation or any other one would be telling.

This is funny in a crazy way!
The President has very big legal guns advising him and will win any case brought by Salami or his sponsors with ease.

This is purely an ACN battle to save their tool, no other group is so interested.

Funny ha ha to you, but not to Nigerians who suffer the consequences of misrule.

You are actually saying that GEJ knowingly usurped the Senate's powers according to my alternative explanation of this illegal action - this is worse to me than acting without consulting anyone. [size=14pt]He himself said [/size] that what he should have done is forward the recommendation to the Senate. Instead, he decided to become the Senate and act unlawfully.

This is the same guy everybody got blue in the face only a few months ago in support of his constitutional right to become President violating the constitution for political gain. There is something in Aso Rock that turns Nigerian Presidents into self-absorbed goons - metaphorically speaking.

Mark my words, what you sow you shall reap.

Beaf:

This is funny in a crazy way!
The President has very big legal guns advising him and will win any case brought by Salami or his sponsors with ease.

This is purely an ACN battle to save their tool, no other group is so interested.

Koruji

+1 there. We got lot of bashings supporting this guy back then both here on NL and there on the streets. Friends and family were even asking how much i've been paid using GEJ Pics for my FB pic profile for several months. . . . . . but here is the man trampling upon the same constitution we waved as his right to contest.

Like you said . . . . . you reap what you sow. I won't blindly support GEJ on this clear case of breaching the consititution, the conseqeunces can only be breeding another dictator.

Noone has clearly quoted the constitution and clearly interpreted it for our sake - most of us dont know what the constitution says amd just like most of you are just talking based on what the press says.

Quote the relevant sections of the constitution for us and let us interpret on our own understanding.