OK

EternalTruths:
That's a welcome development.

Even the power to appoint Chief Justice of the Federation by the President is not right because it betrays the concept of separation of power and makes the Judiciary a puppet of the Executive arm.

And the better alternative is to have unelected faceless men/women appoint the CJN?

Doesn't happen even in the United States.

But the bill is an unnecessary distraction. Unnecessary because appointment of the CJN is by seniority. The NJC recommends the most senior Supreme Court Judge to the President who puts him forward to NASS. The President cannot just appoint anybody he likes.

In the event of the death of all the principal officers, the CJN takes over. As such the involvement of a duly elected President and a duly elected NASS is necessary to give effect to an appointment which can end up as the no1 citizen. No faceless committees.

It is a distraction because the HoR know well that to change the Constitution such amendment must also be assented to by 2/3 of the State Legislatures in Nigeria and even then it can be vetoed by the President. There are procedures for overturning the Presidential veto but they are not easy.

That is simply never going to happen.

The rational for giving the Presidency such powers are simple. Among ALL the principal officers he and the VP are the ONLY ones elected by the votes of ALL Nigerians. To do otherwise would be to take power from the Nigerian people.

Constitutional law should be taught to all students in university.

asfrank:
I have discovered that our representatives have nothing doing. Where in the world has one arm of government had total autonomy? What then happens to checks and balances? If they seek to cut presidents powers to size, den they must start talking of removing their oversight functions on both arms of government too. I guess they wouldn't, because thats their avenue of collecting bribes. They are using Buhari's case as a yardstick, when in fact they should have used Goodluck's refusal to reinstate Justice Yao Salami, back in 2012: that was an outright rejection of the recommendation of the NJC. What Buhari has done has absolutely nothing to do with what the bill seeks to address, that's my own point of view,. Saraki has been arrested, under going trial as well, so y not the judicial officers. Their bill will only bring chaos into a system that has already been plagued by anarchy..

So intelligent of u.
Exquisite!

blackpanda:


Really? Then how about the power of only the CJN to swear the President in?? Is that abuse of seperation of powers too or is the President a puppet of the CJN as well

Lwkmd!

Good question

greenpasture:


And the better alternative is to have unelected faceless men/women appoint the CJN?

Doesn't happen even in the United States.

But the bill is an unnecessary distraction. Unnecessary because appointment of the CJN is by seniority. The NJC recommends the most senior Supreme Court Judge to the President who puts him forward to NASS. The President cannot just appoint anybody he likes.

In the event of the death of all the principal officers, the CJN takes over. As such the involvement of a duly elected President and a duly elected NASS is necessary to give effect to an appointment which can end up as the no1 citizen. No faceless committees.

It is a distraction because the HoR know well that to change the Constitution such amendment must also be assented to by 2/3 of the State Legislatures in Nigeria and even then it can be vetoed by the President. There are procedures for overturning the Presidential veto but they are not easy.

That is simply never going to happen.

The rational for giving the Presidency such powers are simple. Among ALL the principal officers he and the VP are the ONLY ones elected by the votes of ALL Nigerians. To do otherwise would be to take power from the Nigerian people.

Constitutional law should be taught to all students in university.

If you are a corrupt President, will you appoint a honest Chief Justice of Nigeria


That is why the power to appoint shouldn't be given to the President in order to ensure there is Separation of Power which will usher in proper checks and balances

Kingsley1000:
God bless buhari.......nigeria must be corrupt free....wike is indeed lucky to be alive. Obstructing an order
of arrest from the federal government all because he
has skeleton in his closet is suicidal. If the Dss
operatives had pulled their trigger on him that day, it
would be termed as accidental discharge and at
worst his deputy would be sworn in as governor if he
dies. No sane person will dare the federal might of
any country. The police commissioner he took a long
with him answers directly to the IG who is an
appointee of the federal government. Just like GEJ
withdrew Amaechi's security detail, Buhari can order
the same for wike and heaven will not fall. Power
pass power. When they loot and steal billions they all
forget human rights of affected citizens and rules of
law. When it's time for prosecution, they will start
screaming rule of law and due process and the same
nigerians who are shortchanged will be supporting the
political thieves.
Sane Nigerians are behind the arrest of judges and
other corrupt members of the political class. Some
call buhari a dictator but if dictatorship is what is
required to sanitize the system you have the support
of patriotic Nigerians. Invade the home of looters,
break their doors and safes with sledge hammers,
brutalize them with your DSS and make them pay for
short changing the state. We must sanitize the
country for the upcoming generations

...always dreaming of wike.,haba....sleep na even FG has not come out to condemn wike.,u just wan die 4 the matter.,we saw all the fake arrest warrant 4 the other judges buh till today no warrant has been shown 4 the judge wike defend...Take a chill pill the governor is no fool.,if as wike appeared there they showed him the arrest warrant he would have left the scene with shame...jus relax

asfrank:
I have discovered that our representatives have nothing doing. Where in the world has one arm of government had total autonomy? What then happens to checks and balances? If they seek to cut presidents powers to size, den they must start talking of removing their oversight functions on both arms of government too. I guess they wouldn't, because thats their avenue of collecting bribes. They are using Buhari's case as a yardstick, when in fact they should have used Goodluck's refusal to reinstate Justice Yao Salami, back in 2012: that was an outright rejection of the recommendation of the NJC. What Buhari has done has absolutely nothing to do with what the bill seeks to address, that's my own point of view,. Saraki has been arrested, under going trial as well, so y not the judicial officers. Their bill will only bring chaos into a system that has already been plagued by anarchy..

I see so much sense in what you just put up here.

kcnwaigbo:

The supreme court judges through the NJC has stated that only the NJC can discipline judges,better tell Buhari that his attempt to control the judiciary under the guise of fighting corruption has failed

Is ur Dad Justice Nguta or Governor Wike?

EternalTruths:
That's a welcome development.

Even the power to appoint Chief Justice of the Federation by the President is not right because it betrays the concept of separation of power and makes the Judiciary a puppet of the Executive arm.

The president heads over every arms of govt.

leopard cannot
change his spots. Buhari has the
trappings of an unrepentant
dictator.
Buhari
represented “the worst threat to
our nation’s democracy.” “There is no sign that Nigeria has a
president… the problem President
Buhari has is that many Nigerians
want to continue as they were doing
before and they want everybody else
to change, but not themselves.” “Under Section 287 of the 1999
constitution, all persons
exercising judicial, executive or
legislative power must have
respect for the order of the court... We need to follow the right channel, the executive, judiciary and legislative arms of government are Independent bodies, judiciary has the same immunity with executive and legislative, king buhari violate our law , the president must
ensure that the independence of
the judiciary should not be
undermined, he has a right to
express his opinion on certain
national issues like every
Nigerian.

freeze001:


I will answer on the premise that the judge in question is guilty. Remember it may not always the case even though the police says so.

Murder has no bearing on his profession and does not fall within the description of professional misconduct but can bring the profession into disrepute.
He can be arrested in the course ofthe commission of any crime without recourse to the NJC. In other words, if the story of seeing a judge on cctv collecting money is true, the police would have been perfectly in order to arrest him and all others involved on the spot. The question will now be to connect the collection of such money and the parties involved to any case for which the judge may be influenced and whether any judgment to that effect has in fact occasioned a miscarriage of justice ie if judgement had been given and he was then 'taking his reward'.

However, if any criminal matter is as a result of suspicion and subsequent investigation, the NJC must be involved because it is important to strip him of his office before trial commences. In other words, with the evidence before the NJC they will suspend d erring judge and recommend him for dismissal and prosecution.

1. It amounts first to professional misconduct and then a crime. By reason of being a judge he is subject first to the NJC. So he must first be disassociated from the profession by the NJC before the criminal aspect of his offence is prosecuted.

2. Yes, the police can investigate crime. Note that the DSS is not the police. They have a different and clearly spelled out mandate which has nothing to do with professional misconduct, corrupt practices of public officers or financial crimes/inducements unless related to terrorism matters.

3. No, they are not under immunity from prosecution. See answer to question 1 for statutory procedures.

4. Yes, the police can arrest on suspicion of crime.

However, the nature of the judiciary and the sensitive jobs of judges requires the extra procedure of internal disciplinary measures which ensures the independence of the Judiciary which is the bedrock of every democracy. The simplementations reason is that the police cannot arrest and detain indefinitely. The arrested person is required by law to be brought before a court in the interest of justice and fair hearing. If the police bring a serving judge before a fellow judge, that is an anomaly and aberration which the law frowns against.

The police cannot also strip him of his office, that is the role of the NJC which recommends such an erring officer for dismissal to the appointing Governor or President as the case may be. A high court judge will naturally be intimidated by having to stand in judgment against a Supreme Court judge like the CJN or Chief Judge for instance who probably swore him into office so to remove that possible fear of intimidation, the erring judge must lose that office first. Seniority at the bar and bench is not toyed with and respect for same is ingrained even from law school and subsequent practice.

It is just like a police officer caught taking bribe. He must first be subjected to an orderly room trial and dismissed for professional misconduct and then he is prosecuted for bribery and corruption.

I expected you to take me to sections of the law, that explicitly say, the police MUST recourse to the NJC before a judicial officer can be arrested for CRIMES....All these you ventilated above, centered on sentiments, what ought to and morality and not what the law says....

Even the NJC that just released a statement did not say the DSS breached any section of the constitution by arresting the said Judges...

Oblang:


The president heads over every arms of govt.

I suppose you drank gworo very early this morning

Oblang:


The president heads over every arms of govt.

Do you know what people call Separation of Power.?

On the contrary, it is a matter of long standing practice that brings the most senior supreme Court justice as the CJN. The constitution does not provide that d CJN must be the mist senior. It is on record that Taslim Elias was appointed CJN from the bar, he was never a Judge in Nigeria until he was appointed CJN. Before then he was Attorney General of the Federation.

The implication is that barring practice the President can choose to appoint someone else and rather try to strong arm and intimidate the NJC into recommending his choice for his appointment. It is best to nip that possibility in the bud.

greenpasture:


And the better alternative is to have unelected faceless men/women appoint the CJN?

Doesn't happen even in the United States.

But the bill is an unnecessary distraction. Unnecessary because appointment of the CJN is by seniority. The NJC recommends the most senior Supreme Court Judge to the President who puts him forward to NASS. The President cannot just appoint anybody he likes.

In the event of the death of all the principal officers, the CJN takes over. As such the involvement of a duly elected President and a duly elected NASS is necessary to give effect to an appointment which can end up as the no1 citizen. No faceless committees.

It is a distraction because the HoR know well that to change the Constitution such amendment must also be assented to by 2/3 of the State Legislatures in Nigeria and even then it can be vetoed by the President. There are procedures for overturning the Presidential veto but they are not easy.

That is simply never going to happen.

The rational for giving the Presidency such powers are simple. Among ALL the principal officers he and the VP are the ONLY ones elected by the votes of ALL Nigerians. To do otherwise would be to take power from the Nigerian people.

Constitutional law should be taught to all students in university.

It seems they are gradually Woking up from their slumber. It is high time they cut some powers of the President. Good one. The

kcnwaigbo:

The supreme court judges through the NJC has stated that only the NJC can discipline judges,better tell Buhari that his attempt to control the judiciary under the guise of fighting corruption has failed

NJC can discipline judges on offences that bother on the manner of their judgement delievering. This is a financial crime and as much external agencies can be brought in..

iyke484real:
ooh! God, over cluelessness is disturbing this man. NLanders pls come nd see...how on earth do you arrest a functioning judge nd take hime to court? to be judged by the DSS? i suppose

See this one. U just invited people to come and witness your ignorance. DSS does not judge anybody, that is the job of our courts. And no, a judge is an ordinary citizen the moment he steps out of the courtroom. Judges have no immunity. Read your constitution!

[s]

freeze001:


There is no immunity but there is rule of law and due process. We are not a lawless banana republic just yet!

First the SSS/DSS has its powers and mandate confined to matters of internal security. The allegations against the judges centre around professional misconduct, alleged solicitation and receipt of bribe in connection with his professional capacity as a judge. If u juxtapose these positions dispassionately, u will find that these alleged offences do not fall within the ambit of the DSS.The judges are not accused of armed robbery, rather there are allegations (according to the purported search warrants that have made the rounds) of falsehood, under declaration of assets and corrupt practices. None of these allegations are independent of their professions. The CCB is responsible for irregular declaration of assets not the DSS. In this case, the law broken is that of the establishment statute of the SSS. They over-reached their mandates and those of other constitutionally established agencies/bodies.

Secondly, in keeping with the principles of democracy and constitutionality, each arm of government has internal regulatory mechanisms related to professional conduct and disciplinary measures. None of the allegations are independent of their professions. Therefore, such allegations must first be brought by way of petition to the NJC constitutionally charged with d role of discipline of judges among others as far as it borders on professional misconduct. If u have read d communique u will find clearly that the DSS never filed petitions against the Supreme Court justices. That against Pindiga was addressed and dismissed because the DSS could not substantiate their allegations. Tsamiya had already been suspended and recommended for a sack same as d former Chief Judge of Enugu. Ademola was already before the NJC by another individual and not the DSS! So, the DSS breached constitutional procedures and that is the law broken.

[/s]


The end justify the means.


If those monies recovered from them were use to fix Enugu - Onitsha Expressway way, won't you be happy?

Clerverly:


I expected you to take me to sections of the law, that explicitly say, the police MUST recourse to the NJC before a judicial officer can be arrested for CRIMES....All these you ventilated above, centered on sentiments, what ought to and morality and not what the law says....

Even the NJC that just released a statement did not say the DSS breached any section of the constitution by arresting the said Judges...

At its last Emergency Meeting which was held on 11thOctober, 2016, Council decided among other matters, as follows:








1.That the National Judicial Council is a creation, by virtue of Section 153 of the 1999 Constitution of the Federal Republic of Nigeria, as amended, with its powers specified in Paragraph 21 of Part One of the Third Schedule whereof.
2.That by virtue of Section 160 of the 1999 Constitution, Council fashioned out:
3.i) Judicial Discipline Regulations;
4.ii) Revised NJC Guidelines and Procedural Rules for the Appointment of Judicial Officers of all Superior Courts of Record;

iii) Code of Conduct for Judicial Officers of the Federal Republic of Nigeria; and
1. iv) National Judicial Policy

to inter-alia, regulate its own procedure while exercising its Constitutional Powers.
3.That Section 158 (1) of the 1999 Constitution of the Federal Republic of Nigeria, as amended, has unequivocally provided for the independence of the National Judicial Council vis-à-vis directing or controlling it by any authority or person while exercising its powers
....
.6.However, expresses its grave concern on the recent invasion of the Residences and arrest of some serving and suspended Judicial Officers by the Department of State Services (“DSS”); and condemned the action in its entirety.
7.Viewed the action as a threat to the Independence of the Judiciary, which portends great danger to our democracy; and also considered the action as a clear attempt by the DSS to humiliate, intimidate, denigrate and cow the Judiciary

http://www.premiumtimesng.com/news/headlines/212733-njc-formally-replies-sss-says-arrest-judges-denigration-judiciary.html

EternalTruths:


Do you know what people call Separation of Power.?

Separation of power doesn’t give autonomy to any arm of govt. Are u saying security agencies should only checkmate the exexutives and ordinary citizens alone..

patriotic9jaboy:
I trust buhari to disobey the Constitution if need be. Dictatorship is the only form of government suitable for Nigeria

na only ipob youths is against buhar

kenonze:
[s][/s]


The end justify the means.


If those monies recovered from them were use to fix Enugu - Onitsha Expressway way, won't you be happy?

You cannot recover someone's money from him.The DSS is yet to prove they stole the money or received it as bribes

freeze001:
On the contrary, it is a matter of long standing practice that brings the most senior supreme Court justice as the CJN. The constitution does not provide that d CJN must be the mist senior. It is on record that Taslim Elias was appointed CJN from the bar, he was never a Judge in Nigeria until he was appointed CJN. Before then he was Attorney General of the Federation.

The implication is that barring practice the President can choose to appoint someone else and rather try to strong arm and intimidate the NJC into recommending his choice for his appointment. It is best to nip that possibility in the bud.

I respectfully disagree.

Constitutional practice is made up of both written laws and practice. We cannot act ahead of ourselves by writing laws for eventualities that have never happened and which may not happen. This weakens the Constitution , making it over rigid, complicated and unfit for development by practice. Unwritten practice is the very thing that has made the British system so long lasting and durable.

I notice that you did not address the other points I raised. I would be interested to have your opinion.

freeze001:


Nwanne mmadu, yes I am

No wonder the sound arguments and reasoning. But credit cannot solely be attributed to being a lawyer as the D facto for your brilliance and brave display of intelligence. It's dispositional, I guess

amaechi1:
In the first place, the president does not unilateral power to sack a judge without recommendation from NJC. So, what law due they want to make?

You must be brainless like Buhari and carrying ears like the olden days ceiling fans. Does Buhari listen to any person in this country? Has he ever obeyed any court order?
They (house of reps) should do that now because Nigerian is being run by a president whose head and brain is like bed bug that always undermind and desregard every other Nigerians except his kinsmen and his Islamist brothers.

blackpanda:


See this one. U just invited people to come and witness your ignorance. DSS does not judge anybody, that is the job of our courts. And no, a judge is an ordinary citizen the moment he steps out of the courtroom. Judges have no immunity. Read your constitution!

one more time, do some inquiries about what it takes to arrest nd prosecute a judge nd then get back to me with your appologies for being gullible. thank you.

Dem don turn bubu to bird. Anyway he resemble vulture sha.

kenonze:
[s][/s]


The end justify the means.

If those monies recovered from them were use to fix Enugu - Onitsha Expressway way, won't you be happy?

And who told you any money was recovered? Where is the evidence? Some typed up figures on a sheet of paper? Nothing counts until it's subjected to the neutral process of a trial and resultant judgment. Is that nit the reason we have been told by Buhari and handlers that monies supposedly recovered from looters cannot be announced to the public with names attached or used to fund any FG projects because they are subject of litigation?

Let the DSS charge them to court and tender their evidence then we can talk. Point to note, the moment it is endorsed that the end justifies the means, the society as we know it would have degenerated into a lawless society equal only to a jungle where only the strong survive. The fact that ur child must eat to survive and not go hungry does not mean u will tear his/her stomach open to put the food in faster and more directly, that is guaranteed murder! Even if the child is crying, u must cook/prepare whatever meal, it must cool down to a palatable temperature and even then u will not push d food through the nose, the child must eat properly. Still indigestion might pose a problem which u must still resolve for nutrition and subsequent survival to be achieved.

razortruth:
No wonder the sound arguments and reasoning. But credit cannot solely be attributed to being a lawyer as the D facto for your brilliance and brave display of intelligence. It's dispositional, I guess

Thanks dear. It's just crazy d kind of things people put forward as arguments to justify illegality.

DOGARA IS EVIL REPS ARE SATANIC THEY MUST BE BANNED

What are they up to ? These men just behave like toddlers every time. Crying over little things