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Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola - Politics - Nairaland

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Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by Shikini: 5:46pm On Jan 13
Abiodun Nejo, Ado Ekiti

Legal luminary, Chief Afe Babalola (SAN), has described the proposed trial on Monday of the Chief Justice of Nigeria, Justice Walter Onnoghen, at the Code of Conduct Tribunal over alleged failure to fully declare his assets as “denigration of the country’s Judiciary and Constitution.”


He also noted the constitutional provision which stipulates that any infraction by judges must first be investigated and then resolved by the National Judicial Council, “to the exclusion of any other body or authority.”

Babalola, in a statement on Sunday entitled, Proposed arraignment of the Hon Justice Walter Onnoghen: Again, I say two wrongs do not make a right, said the law had made clear the processes for the trial of judicial officers and as well their removal, hence the need to desist from “contempt and denigration of the judiciary.”

He said: “I am of the view that the Constitution requires that any infraction by the said judges be firstly investigated and resolved by the National Judicial Council, to the exclusion of any other body or authority.”

Babalola, who stated that the decision of the Court of Appeal in Nganjiwa v Federal Republic of Nigeria (2017) LPELR-43391(CA) “still subsists and has not been set aside,” said: “I therefore see no justification for the decision to arraign the CJN before the CCT.”

Continuing, he argued, “Again, the point must be made clear that the Constitution clearly provides for the procedure with which the CJN can be removed from office.

“Section 292 (1)(a)(i) and 292 (1)(b) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended) addressed it.”

According to him, given the clear provisions for trial and removal of judges, “It becomes more worrying to learn that, aside from laying the proposed charges, the prosecution has also filed an application for an order directing the CJN to recuse himself from office pending the conclusion of the trial.”

The senior advocate said: “By proceeding as proposed, the government is unwittingly or, perhaps, deliberately, creating a wrong impression in the minds of millions of Nigerians that the Judiciary is a criminal organisation.

“For the sake of our democracy, this is a misconception that must not be allowed to fester.

“No country, no matter how well intentioned its political leaders are, can aspire to greatness if its judicial arm is denigrated and held in contempt.

“While the Judiciary itself must be awake to its huge responsibilities, its efforts in this regard will surely not be helped by the erosion of its independence,” the SAN stated.


https://punchng.com/onnoghen-constitution-says-erring-judges-must-be-investigated-by-njc-only-afe-babalola/

27 Likes 5 Shares

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by obaataaokpaewu: 5:51pm On Jan 13
They will soon call you PDP

241 Likes 13 Shares

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by Shikini: 5:55pm On Jan 13

Prof Farooq Kperogi once stated that he has never seen anyone supporting Buhari without sounding so stupid and
I agree with the Prof completely.

You will be surprised how all these zombies hailing Buhari today will foolishly hail him again tomorrow when he withdraws the charges against CJN.
They are as brainless as their master in Aso Rock
.

356 Likes 30 Shares

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by Sonoyom(m): 5:56pm On Jan 13
Buhari and his followers think otherwise. Buhari is a curse

161 Likes 9 Shares

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by Sunmolar(m): 6:03pm On Jan 13
I agree with you,it takes an arm robber to investigate an arm robber. This is NIGERIA!

10 Likes

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by baliyubla: 6:05pm On Jan 13
The APC online imps should come and counter this too. CJN Onnoghen must boycott that charade tomorrow and let's see the evil party do their worse.

92 Likes 2 Shares

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by Shikini: 6:16pm On Jan 13
baliyubla:
The APC online imps should come and counter this too. CJN Onnoghen must boycott that charade tomorrow and let's see the evil party do their worse.


The foolish Buhari sponsored prosecutors are even asking the CJN to resign.
You see, their main plan is to get the man out of that position. Every other reasons they are selling to Nigerians are lies

145 Likes 13 Shares

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by xgada(m): 6:37pm On Jan 13
My only problem is the quickness in putting this man up for prosecution. It shows something is in the offing. Just 3days hmm


Taking more than 2years to prosecute former SGF

152 Likes 8 Shares

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by Shikini: 6:55pm On Jan 13
xgada:
My only problem is the quickness in putting this man up for prosecution. It shows something is in the offing. Just 3days hmm


Taking more than 2years to prosecute former SGF


Saraki explained that it took them just three days.
They hurriedly packaged everything and fixed tomorrow for arraignment

80 Likes 3 Shares

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by HOGFoundation: 7:22pm On Jan 13
Nigeria is at break point, be prepared.

37 Likes 1 Share

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by Shikini: 7:44pm On Jan 13
HOGFoundation:
Nigeria is at break point, be prepared.


Obviously

24 Likes

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by magoo10(m): 8:08pm On Jan 13
Zombies will soon call him ipob because their oga at the top is a law breaker .

68 Likes 3 Shares

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by jmaine: 8:12pm On Jan 13
The APC idiots will soon be here to label him IPOB and corrupt.. Since anyone against the lifeless General must be IPOB...

Silly things...

89 Likes 6 Shares

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by amaechi1: 8:13pm On Jan 13
Please, who is Chairman to NJC"?

9 Likes

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by newbornmacho(m): 8:32pm On Jan 13
Short imp , fake pastor, devilish lawyer, prof osinbajo is the satanic adviser nudging buhari jubril Al sudani on. The idiot has sold his soul to satan, I hope he enjoys his 30 pieces of silver. Useless cursed dwarf

53 Likes

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by Oshin56(m): 8:44pm On Jan 13
id911:
This one won't make front page. I'm 100% sure of this. Just change the title of the thread to: Walter Onnoghen is corrupt and must be jailed and see it make front page immediately
you are saying the moderator is politically bias

28 Likes

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by naijaking1: 8:51pm On Jan 13
Prof. unfortunately Buhari and his criminal supporters do not understand English!

34 Likes

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by gbeseun(m): 8:55pm On Jan 13
I think old age is affecting this man.
Who is The chairman of NJC?

So the CJN will now judge his case himself abi.

Radarada

23 Likes 5 Shares

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by lordkush: 8:59pm On Jan 13
gbeseun:
I think old age is affecting this man. Who is The chairman of NJC?
So the CJN will now judge his case himself abi.
Radarada
yes and heaven will not fall.

33 Likes 2 Shares

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by naijaking1: 8:59pm On Jan 13
gbeseun:
I think old age is affecting this man.
Who is The chairman of NJC?

So the CJN will now judge his case himself abi.

Radarada

No, na you old age dey kill.
The judge is not NJC, even if he's head. There are other judges, even some who disagree with the judge in NJC. Procedures and protocols mean nothing to you, because you're tunnel visioned on rigging the up coming elections.

107 Likes 11 Shares

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by pryme(m): 9:00pm On Jan 13
Shikini:
Abiodun Nejo, Ado Ekiti

Legal luminary, Chief Afe Babalola (SAN), has described the proposed trial on Monday of the Chief Justice of Nigeria, Justice Walter Onnoghen, at the Code of Conduct Tribunal over alleged failure to fully declare his assets as “denigration of the country’s Judiciary and Constitution.”


He also noted the constitutional provision which stipulates that any infraction by judges must first be investigated and then resolved by the National Judicial Council, “to the exclusion of any other body or authority.”

Babalola, in a statement on Sunday entitled, Proposed arraignment of the Hon Justice Walter Onnoghen: Again, I say two wrongs do not make a right, said the law had made clear the processes for the trial of judicial officers and as well their removal, hence the need to desist from “contempt and denigration of the judiciary.”

He said: “I am of the view that the Constitution requires that any infraction by the said judges be firstly investigated and resolved by the National Judicial Council, to the exclusion of any other body or authority.”

Babalola, who stated that the decision of the Court of Appeal in Nganjiwa v Federal Republic of Nigeria (2017) LPELR-43391(CA) “still subsists and has not been set aside,” said: “I therefore see no justification for the decision to arraign the CJN before the CCT.”

Continuing, he argued, “Again, the point must be made clear that the Constitution clearly provides for the procedure with which the CJN can be removed from office.

“Section 292 (1)(a)(i) and 292 (1)(b) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended) addressed it.”

According to him, given the clear provisions for trial and removal of judges, “It becomes more worrying to learn that, aside from laying the proposed charges, the prosecution has also filed an application for an order directing the CJN to recuse himself from office pending the conclusion of the trial.”

The senior advocate said: “By proceeding as proposed, the government is unwittingly or, perhaps, deliberately, creating a wrong impression in the minds of millions of Nigerians that the Judiciary is a criminal organisation.

“For the sake of our democracy, this is a misconception that must not be allowed to fester.

“No country, no matter how well intentioned its political leaders are, can aspire to greatness if its judicial arm is denigrated and held in contempt.

“While the Judiciary itself must be awake to its huge responsibilities, its efforts in this regard will surely not be helped by the erosion of its independence,” the SAN stated.


https://punchng.com/onnoghen-constitution-says-erring-judges-must-be-investigated-by-njc-only-afe-babalola/




And what if the NJC decides to drag their foot or ignore the prosecution till after election, only to offset a credible election because there will definitely be election cases taken to tribunals.

Justice Onnoghen is from Cross River, we know that Cross River is a PDP state.

That aside,
How many corrupt Judges has the NJC handed over to the EFCC or DSS or AGF for investigation and prosecution, the last ones that where arrested where retired with full benefits by the NJC. But if it a common man or someone that is not a judge the NJC will open their law books and met out sentences they see fit.

The NJC is just as guilty as the FG on this one, because they have bastardized the due process of prosecuting a siting Judge that is corrupt.

21 Likes 3 Shares

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by Asshurbanipal: 9:10pm On Jan 13
Buhari has made the worst political move in his career. Walter will carry the day then declare atiku winner if Buhari rigs

61 Likes 4 Shares

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by naijaking1: 9:21pm On Jan 13
pryme:


And what if the NJC decides to drag their foot or ignore the prosecution till after election, only to offset a credible election because there will definitely be election cases taken to tribunals.

Justice Onnoghen is from Cross River, we know that Cross River is a PDP state.

That aside,
How many corrupt Judges has the NJC handed over to the EFCC or DSS or AGF for investigation and prosecution, the last ones that where arrested where retired with full benefits by the NJC. But if it a common man or someone that is not a judge the NJC will open their law books and met out sentences they see fit.

The NJC is just as guilty as the FG on this one, because they have bastardized the due process of prosecuting a siting Judge that is corrupt.

You have not shown that the case was ever presented to NJC as required by law/constitution.
Meanwhile, you have concluded with the help of your fellow Buhari political operatives that a judge who has not gone through trial is corrupt.
What a shame, because you cannot disobey the law when it doesn't suit you and cry for the law when it suits you to rope in perceived political enemies.

66 Likes 5 Shares

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by datola: 10:27pm On Jan 13
It is complicated because Onnoghen is chairman of NJC and it is not possible to adjudicate his own case.

The question. Is can he steps down down his chairmanship of NJC but still be CJN?

Step down for who?

The possibility of his arraignment tomoy is very slim

7 Likes 1 Share

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by ChangetheChange: 10:28pm On Jan 13
grin grin grin
Buhari is a gworo chewing disaster to DEMOCRACY

24 Likes 2 Shares

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by dokyOloye: 10:28pm On Jan 13
Buhari does not read:Amaechi

17 Likes

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by emmasege: 10:29pm On Jan 13
Buhari is up to a game.

I plead with some of my brothers in the south west. Please, let's stop following this almajiri of a president sheepishly. He means no good for our land and country. Infact, he's the worst thing that ever happened to our dear country.

Yoruba, e je ka ronu o!!!

51 Likes 5 Shares

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by Racoon(m): 10:29pm On Jan 13
"..Falana.................described the move against Justice Onnoghen as a “prosecutorial misadventure.."
https://all-gists.blogspot.com/2019/01/buhari-should-withdraw-charge-against-justice-onnoghen-femi-falana.html
You can never be in this satanic coven and reason reasonably & rationally.

4 Likes

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by PythonAmaka: 10:29pm On Jan 13
He can't be the judge of his own case..

I want Wike to go back to Channels and boast as he previously did.. No more judgement buying for PDP.


python amaka

10 Likes 2 Shares

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