In the the case of Nganjiwa v FRN (2017) LPELR 43391 wherein the Court of Appeal held that a judicial officer who has not been investigated by the National Judicial Council and sanctioned for misconduct cannot be arraigned in any criminal court in Nigeria.''


This judgement of the appeal court can only apply where there are no specific constitutional provisions on a matter.The misconduct in the above case is different from breach of code of conduct ,explicitly and specifically mentioned in the constitution:

The constitution is very clear on the powers of the CCB:

The Bureau shall have power to:

(e) receive complaints about non-compliance with or breach of the provisions of the Code of Conduct or any law in relation thereto, investigate the complaint and, where appropriate, refer such matters to the Code of Conduct Tribunal;

The constitution has not exempted the CJN from this provision.

Whilst we are not yet talking of removal,the constitution is also clear on how to remove the CJN:

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, President of the Court of Appeal, 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;

The constitution clearly separated misconduct from breach of code of conduct.

Now the supreme court is superior to the appeal court:

In the decision of the Supreme Court in Fawehinmi v IGP, the Supreme Court held that every public officer in Nigeria , especially those clothed with executive immunity under section 308 of the Constitution can be investigated, while they enjoy the executive immunity. They may not be prosecuted until they drop the toga of the immunity. Instructivelý, the Court of Appeal’ s judgment has ” overruled ” the decision of the Supreme Court in Fawehinmi v. IGP by holding that serving judicial officers against whom there is corruption allegation cannot be investigated by the EFCC unless they cease to be judicial officers, even when they do not enjoy temporary immunity from prosecution like the heads of the executive branch of government do under section 308 of the Constitution.

Very explicitly put.

I just hope we remove ethnicity from this.

Even the NBA president is under prosecution for corruption!

The judiciary stinks!

This is very plain n simple. Happy day to all of you. NB: no body IS ABOVE THE LAW.

GoodGovernance post=74My man, if you are a lawyer, it is a pity. This is all I can say.

(e) receive complaints about non-compliance with or breach of the provisions of the Code of Conduct or any law in relation thereto, investigate the complaint and, where appropriate, refer such matters to the Code of Conduct Tribunal;

The constitution has not exempted the CJN from this provision.

Whilst we are not yet talking of removal,the constitution is also clear on how to remove the CJN:
746464:
In the the case of Nganjiwa v FRN (2017) LPELR 43391 wherein the Court of Appeal held that a judicial officer who has not been investigated by the National Judicial Council and sanctioned for misconduct cannot be arraigned in any criminal court in Nigeria.''


This judgement of the appeal court can only apply where there are no specific constitutional provisions on a matter.The misconduct in the above case is different from breach of code of conduct ,explicitly and specifically mentioned in the constitution:

The constitution is very clear on the powers of the CCB:

The Bureau shall have power to:

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, President of the Court of Appeal, 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;

The constitution clearly separated misconduct from breach of code of conduct.

Now the supreme court is superior to the appeal court:

In the decision of the Supreme Court in Fawehinmi v IGP, the Supreme Court held that every public officer in Nigeria , especially those clothed with executive immunity under section 308 of the Constitution can be investigated, while they enjoy the executive immunity. They may not be prosecuted until they drop the toga of the immunity. Instructivelý, the Court of Appeal’ s judgment has ” overruled ” the decision of the Supreme Court in Fawehinmi v. IGP by holding that serving judicial officers against whom there is corruption allegation cannot be investigated by the EFCC unless they cease to be judicial officers, even when they do not enjoy temporary immunity from prosecution like the heads of the executive branch of government do under section 308 of the Constitution.

My man. If you are a lawyer, it is a pity. This is all I can say.

PFRB:


My man. If you are a lawyer, it is a pity. This is all I can say.

You have nothing to say.

This is not about sentiments,it is about the law!

Me I know very well , is legal, but a nation where normal is abnormal and abnormal is normal you have nothing to do.

GoodGovernance:
In the the case of Nganjiwa v FRN (2017) LPELR 43391 wherein the Court of Appeal held that a judicial officer who has not been investigated by the National Judicial Council and sanctioned for misconduct cannot be arraigned in any criminal court in Nigeria.''


This judgement of the appeal court can only apply where there are no specific constitutional provisions on a matter.The misconduct in the above case is different from breach of code of conduct ,explicitly and specifically mentioned in the constitution:

The constitution is very clear on the powers of the CCB:

The Bureau shall have power to:

(e) receive complaints about non-compliance with or breach of the provisions of the Code of Conduct or any law in relation thereto, investigate the complaint and, where appropriate, refer such matters to the Code of Conduct Tribunal;

The constitution has not exempted the CJN from this provision.

Whilst we are not yet talking of removal,the constitution is also clear on how to remove the CJN:

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, President of the Court of Appeal, 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;

The constitution clearly separated misconduct from breach of code of conduct.

Now the supreme court is superior to the appeal court:

In the decision of the Supreme Court in Fawehinmi v IGP, the Supreme Court held that every public officer in Nigeria , especially those clothed with executive immunity under section 308 of the Constitution can be investigated, while they enjoy the executive immunity. They may not be prosecuted until they drop the toga of the immunity. Instructivelý, the Court of Appeal’ s judgment has ” overruled ” the decision of the Supreme Court in Fawehinmi v. IGP by holding that serving judicial officers against whom there is corruption allegation cannot be investigated by the EFCC unless they cease to be judicial officers, even when they do not enjoy temporary immunity from prosecution like the heads of the executive branch of government do under section 308 of the Constitution.

So may I ask, what will be the judgement of the CCT if they find him guilty? Will their judgement usurp the provision in the constitution that says he can only be removed by 2/3 of the senate?