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Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay - Politics (2) - Nairaland

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Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by benkk015: 7:12pm On Jan 16, 2019
I don't know why buhari has not sack this man...sorry specimen of SAN
Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by tete7000(m): 7:27pm On Jan 16, 2019
Who still listens to this man? Did he forget that constitution exists when he tried to brush aside aunty Kemi's certificate forgery? I thought by now the man would have shamefully buried his head in sand...Sadly, they don't have shame.

1 Like 1 Share

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by myhotbrain: 7:34pm On Jan 16, 2019
kahal29:
Presidential Advisory Committee Against Corruption (PACAC) Chairman Prof Itse Sagay (SAN) on Wednesday explained why Chief Justice Walter Onnoghen’s assets non-declaration charge cannot first be determined by the National Judicial Council (NJC).

In a statement, the eminent professor of law, citing constitutional provisions, argued that not every offence committed by a judicial officer must first be brought before the NJC.

He added: “By the very logic of the powers of the NJC, cases arising out of a breach of the Code of Conduct Bureau and Tribunal Act and the Code of Conduct provision in the Constitution cannot come before the NJC.

“If the NJC first decides the matter before the defendant is arraigned in court or at the Tribunal, what happens if the NJC finds the defendant liable and removes him from office as a Judge? In that case, he ceases to be a Judicial Officer as well as a Public Officer.

“Can he, therefore, be tried as a public officer before the Code of Conduct Tribunal? The answer is no, because he is no longer a public officer.

“The extant provisions of the Constitution and the Code of Conduct Bureau and Tribunal Act would be rendered nugatory by a prior NJC involvement.”

The PACAC chairman faulted arguments that the prosecution ought to comply with the Court of Appeal decision in the case of Nganjiwa vs. F.R.N.

He said: “It should be noted first that this judgment contradicts the clear provisions of the Code of Conduct as established in the Constitution which gives the Code of Conduct Tribunal jurisdiction over all public officers, including the Chief Justice of Nigeria. (See 5th Schedule, Part One, of the 1999 Constitution).

“Moreover, the Court of Appeal in Nganjiwa’s case was directing its judgment to a judicial officer committing an offence in the process of carrying out his duties as a judge in a court namely: demanding bribe from a party to the case before him.

“Therefore, the ratio decidendi in this case is much narrower in scope than is being touted by our all mighty Senior Advocates of Nigeria (SANs). Filling an Assets Declaration Form is totally outside the ambit of a judicial officer’s work. It applies to all public officers.

“If one may ask – should a drunken judge behind a car steering wheel kill an innocent pedestrian, will the offence be taken before the NJC, before the police can act on the crime?

“Indeed, inspite of its defects, the Court of Appeal judgment in the Nganjiwa’s case expressly limited reference to the NJC only to cases of a judicial officers’ misconduct in court whilst exercising his authority as judge in case before him in court.

“According to the court: ‘It must be expressly stated that if a Judicial officer commits theft, fraud, murder or manslaughter, arson and the likes, which are crimes committed outside the scope of performance of his official functions, he may be arrested, interrogated and prosecuted accordingly by the State directly without recourse to the NJC. These classes of criminal act are not envisaged and captured by the provisions of paragraph 21, Part One of the Third Schedule.’

“This demonstrates the hollowness and invalidity of the argument that every offence committed by a judicial officer must first be brought before the NJC, before the law enforcement agencies can entertain it.”

Besides, Sagay believes that the NJC cannot be expected to be fair in Chief Justice Onnoghen’s case.

“Almost all the Senior Advocates of Nigeria have argued that even in a case involving the breach of the Code of Conduct, for which the law has already made express provisions, the matter shall be taken to the NJC rather than to the Code of Conduct Tribunal.

“They can’t be serious. They must obviously be speaking tongue in cheek. Even a baby, three months old, must realise that no one can get justice against the CJN at the NJC.

“The CJN is not only the Chairman of the NJC, he is also the appointor of 20 out of the NJC’s 23 members. The CJN is the NJC.

“Only a grossly ignorant man or an extremely mischievous one could seriously suggest that a matter involving the CJN should be brought before the NJC for adjudication.

“Therefore, the whole idea of taking the present case to the NJC is a nonstarter, for that would make the CJN the Chief Judge of his own case – a clear violation, not only of the Constitution, but also of a long standing common law principle coming all the way from MAGNA CARTER in the year 1215,” the PACAC chairman said.

Sagay was of the view that the substance of the charge against Chief Justice Onnoghen “is deliberately being abandoned by the SANs and some other lawyers.”

“Why is Nigeria such a Theatre of the Absurd? Today, we are only talking about preliminary objections, interim injunctions, challenge of jurisdiction, wrong procedure, etc., etc.

“Nobody is talking about the substantive issue any longer. That is now lost in the sands of time.

“Did he do it? Did he not do it? The questions we should all be asking are contained in the front page of The Nation Newspaper of Tuesday 15th January, 2019: Did the CJN fail to submit a written declaration of all his assets and liabilities within prescribed period of three months after being sworn it?

“Did he omit to declare a domiciliary (US dollar) account No. 870001062650 maintained with Standard Chartered Bank Nigeria Limited? Did he falsely omit to declare a domiciliary (Euro) account No. 93001062686 maintained with the bank?


“Did he falsely omit to declare an e-Saver Savings (naira) account No. 5001062963 maintained with the bank? Did he falsely fail to declare naira Account 010001062667?”

Sagay advised Nigerians not be distracted by what he called a vicious and fraudulent campaign intended to sacrifice the substance and justice of the case on the altar of technicalities, adding that the truth must not be the first casualty in the matter.


http://thenationonlineng.net/sagay-njc-cant-consider-onnoghens-case/







As expected, Prof. Itsey Sagay has put to rest, the absurdity and idiocy of the arguments being propagated by our NOT SO ERUDITE, BUT SO RICHLY CORRUPTED senior advocate of Nigeria, who are quickly jumping up and down in defense of the CJN, despite the facts of the law, as enshrined in the Constitution of the FRN.

FOR THE BENEFIT OF THE SO ILLITERATE MEMBERS OF THIS FORUM:

The Nigeria Judicial Council NJC can only examine and adjudicate on fellow members, who are accused of committing an offense in the course of carrying out their official business.

The NJC cannot, either based on law or principle of equity, be the body to examine or adjudicate on matter of this CJN Onnoghen because, his offense, as alleged, is personal business involving him alone. To wit: FAILURE TO PROPERLY DECLARE PERSONAL ASSETS AS REQUIRED OF ALL PUBLIC OFFICERS OF HIS STATUS.


As to those of you who are still questioning the rationale of the timing of this trial, I say: A sane man does not leave a fire on top of his roof and goes to bed in a sound sleep.

If there is ample evidence that the CJN has acquired assets which cannot be readily accounted for, and also failed to declare same, how can we expect such CJN to adjudicate fairly on matters that may arise in the course of the upcoming elections?

8 Likes 3 Shares

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by maisauki: 7:39pm On Jan 16, 2019
yan dem wella...pdp just wana use d opotuniti to score cheap points
and d sans defendin d cjn? dem case no b 4 hia

1 Like

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by RTSC: 7:45pm On Jan 16, 2019
Glorymax:
I agree with Prof Itse Sagay's explanation. On this then, let the CJN do the needful. I will equally move that the CCB should publish in a public library for citizens to access freely, all assets declared by public officials so that we can know its correctness or otherwise.
I am sure, more than 98% of these asset declarations are false. Hence, the CJN case is pure political attack.
No public officials in Nigeria have integrity on a macro view.
Of course the guy would always agree with the FG.
That is where he gets his daily bread.

The same man that wrote this long essay also tried to defend kemi adeosun from prosecution for forgery which is also very similar to this.

Open your eyes. You are being played.
Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by KAYD007(m): 7:45pm On Jan 16, 2019
Very sound and logical argument coming from the Prof.

7 Likes 1 Share

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by shanaka4u(m): 7:47pm On Jan 16, 2019
on this one,I agree in Toto with prof Sagay and I adopt his position as mine.

5 Likes 1 Share

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by GavelSlam: 7:49pm On Jan 16, 2019
TooMuchStuff:
The Judas of Itsekiri land has spoken...!

Like his fellow crooks of Ameachi, oshomole, keyamo, akpabio and omo-agege........ Una go soon hear am ..... Mark dis!

When de gbedu don dey enta bodi.....!

Shut up.

Itsekiri land is blessed with well educated and incorruptible individuals. Certainly, Itse Sagay embodies the spirit of Itsekiri.

He is no Judas.

4 Likes 1 Share

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by Daymur(m): 7:57pm On Jan 16, 2019
kahal29:




Sagay was of the view that the substance of the charge against Chief Justice Onnoghen “is deliberately being abandoned by the SANs and some other lawyers.”

“Why is Nigeria such a Theatre of the Absurd? Today, we are only talking about preliminary objections, interim injunctions, challenge of jurisdiction, wrong procedure, etc., etc.

“Nobody is talking about the substantive issue any longer. That is now lost in the sands of time.


Sagay advised Nigerians not be distracted by what he called a vicious and fraudulent campaign intended to sacrifice the substance and justice of the case on the altar of technicalities, adding that the truth must not be the first casualty in the matter.


http://thenationonlineng.net/sagay-njc-cant-consider-onnoghens-case/



The above line of thoughts of the "writer" caught my attention!

It may not be actually wrong to say that a time will come in this country when it will be pretty hard to get a lawyer to prosecute a decent case internationally, because they are so comfortable with the weaknesses and the loop holes in our constitution!
This obviously encourages the so called "SAN" to put forward issues of technicalities and thereby help most of the criminals escape justice!

Our constitution must be reviewed asap to put this country on the right path!

#Myopinion!

6 Likes 2 Shares

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by CofOLandOfPeace(m): 7:59pm On Jan 16, 2019
They should better consider this guy's case. NJC shouldn't be biase..


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1 Like

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by ogene007: 8:03pm On Jan 16, 2019
kahal29:
Presidential Advisory Committee Against Corruption (PACAC) Chairman Prof Itse Sagay (SAN) on Wednesday explained why Chief Justice Walter Onnoghen’s assets non-declaration charge cannot first be determined by the National Judicial Council (NJC).

In a statement, the eminent professor of law, citing constitutional provisions, argued that not every offence committed by a judicial officer must first be brought before the NJC.

He added: “By the very logic of the powers of the NJC, cases arising out of a breach of the Code of Conduct Bureau and Tribunal Act and the Code of Conduct provision in the Constitution cannot come before the NJC.

“If the NJC first decides the matter before the defendant is arraigned in court or at the Tribunal, what happens if the NJC finds the defendant liable and removes him from office as a Judge? In that case, he ceases to be a Judicial Officer as well as a Public Officer.

“Can he, therefore, be tried as a public officer before the Code of Conduct Tribunal? The answer is no, because he is no longer a public officer.

“The extant provisions of the Constitution and the Code of Conduct Bureau and Tribunal Act would be rendered nugatory by a prior NJC involvement.”

The PACAC chairman faulted arguments that the prosecution ought to comply with the Court of Appeal decision in the case of Nganjiwa vs. F.R.N.

He said: “It should be noted first that this judgment contradicts the clear provisions of the Code of Conduct as established in the Constitution which gives the Code of Conduct Tribunal jurisdiction over all public officers, including the Chief Justice of Nigeria. (See 5th Schedule, Part One, of the 1999 Constitution).

“Moreover, the Court of Appeal in Nganjiwa’s case was directing its judgment to a judicial officer committing an offence in the process of carrying out his duties as a judge in a court namely: demanding bribe from a party to the case before him.

“Therefore, the ratio decidendi in this case is much narrower in scope than is being touted by our all mighty Senior Advocates of Nigeria (SANs). Filling an Assets Declaration Form is totally outside the ambit of a judicial officer’s work. It applies to all public officers.

“If one may ask – should a drunken judge behind a car steering wheel kill an innocent pedestrian, will the offence be taken before the NJC, before the police can act on the crime?

“Indeed, inspite of its defects, the Court of Appeal judgment in the Nganjiwa’s case expressly limited reference to the NJC only to cases of a judicial officers’ misconduct in court whilst exercising his authority as judge in case before him in court.

“According to the court: ‘It must be expressly stated that if a Judicial officer commits theft, fraud, murder or manslaughter, arson and the likes, which are crimes committed outside the scope of performance of his official functions, he may be arrested, interrogated and prosecuted accordingly by the State directly without recourse to the NJC. These classes of criminal act are not envisaged and captured by the provisions of paragraph 21, Part One of the Third Schedule.’

“This demonstrates the hollowness and invalidity of the argument that every offence committed by a judicial officer must first be brought before the NJC, before the law enforcement agencies can entertain it.”

Besides, Sagay believes that the NJC cannot be expected to be fair in Chief Justice Onnoghen’s case.

“Almost all the Senior Advocates of Nigeria have argued that even in a case involving the breach of the Code of Conduct, for which the law has already made express provisions, the matter shall be taken to the NJC rather than to the Code of Conduct Tribunal.

“They can’t be serious. They must obviously be speaking tongue in cheek. Even a baby, three months old, must realise that no one can get justice against the CJN at the NJC.

“The CJN is not only the Chairman of the NJC, he is also the appointor of 20 out of the NJC’s 23 members. The CJN is the NJC.

“Only a grossly ignorant man or an extremely mischievous one could seriously suggest that a matter involving the CJN should be brought before the NJC for adjudication.

“Therefore, the whole idea of taking the present case to the NJC is a nonstarter, for that would make the CJN the Chief Judge of his own case – a clear violation, not only of the Constitution, but also of a long standing common law principle coming all the way from MAGNA CARTER in the year 1215,” the PACAC chairman said.

Sagay was of the view that the substance of the charge against Chief Justice Onnoghen “is deliberately being abandoned by the SANs and some other lawyers.”

“Why is Nigeria such a Theatre of the Absurd? Today, we are only talking about preliminary objections, interim injunctions, challenge of jurisdiction, wrong procedure, etc., etc.

“Nobody is talking about the substantive issue any longer. That is now lost in the sands of time.

“Did he do it? Did he not do it? The questions we should all be asking are contained in the front page of The Nation Newspaper of Tuesday 15th January, 2019: Did the CJN fail to submit a written declaration of all his assets and liabilities within prescribed period of three months after being sworn it?

“Did he omit to declare a domiciliary (US dollar) account No. 870001062650 maintained with Standard Chartered Bank Nigeria Limited? Did he falsely omit to declare a domiciliary (Euro) account No. 93001062686 maintained with the bank?


“Did he falsely omit to declare an e-Saver Savings (naira) account No. 5001062963 maintained with the bank? Did he falsely fail to declare naira Account 010001062667?”

Sagay advised Nigerians not be distracted by what he called a vicious and fraudulent campaign intended to sacrifice the substance and justice of the case on the altar of technicalities, adding that the truth must not be the first casualty in the matter.


http://thenationonlineng.net/sagay-njc-cant-consider-onnoghens-case/
He can be suspended and go for his trial with CCT. Under suspension, he still remained a public officer but under suspension. This is just a failed attempt to confuse Buhari's uninformed followers the more. The NJC remains the body who can investigate and recommend for trial.
Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by Goddys(m): 8:06pm On Jan 16, 2019
Daymur:


Sagay was of the view that the substance of the charge against Chief Justice Onnoghen “is deliberately being abandoned by the SANs and some other lawyers.”

“Why is Nigeria such a Theatre of the Absurd? Today, we are only talking about preliminary objections, interim injunctions, challenge of jurisdiction, wrong procedure, etc., etc.

“Nobody is talking about the substantive issue any longer. That is now lost in the sands of time.


http://thenationonlineng.net/sagay-njc-cant-consider-onnoghens-case/




This section of the write up caught my attention!

A time will come, when no Nigerian lawyer will be found worthy of prosecuting a decent case at the international level if some of them continue to thread through this "unprofessional" path, all in the name of making money for themselves!

#Myopinion

Employment of technicalities to delay or help one's case is used by every lawyer in every jurisdiction. I am a lawyer and I dare any lawyer to come forward and prove me wrong.

What you would have advocated is a total revamp of our justice system where cases of such nature are tried within a stipulated short period.

2 Likes

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by etin06(m): 8:15pm On Jan 16, 2019
ogene007:

He can be suspended and go for his trial with CCT. Under suspension, he still remained a public officer but under suspension. This is just a failed attempt to confuse Buhari's uninformed followers the more. The NJC remains the body who can investigate and recommend for trial.
Stop saying what you don't know and go and study the judgement he just cited. It's after that what he is saying will make sense to you

4 Likes 2 Shares

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by bkool7(m): 8:17pm On Jan 16, 2019
This is what I've been saying in my previous posts regarding this issue
A judge can deliberately commit murder and you tell us it's the CJN that must first investigate him. That's ludicrous!

Nigerians are so corrupt that all arms of government just manipulate the constitution to their defense.

CJN only have investigative power over judicial matters but this issue is entirely a Code of Conduct Tribunal matter

6 Likes 2 Shares

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by jelel6: 8:42pm On Jan 16, 2019
Even though I know Prof Sagay would naturally support the government on this particular matter, it's clear for everyone to see that he made sound arguments. Arguments I would like to see fellow attorneys who are of different opinions counter while focusing on the issues at hand and not resort to under-arm tactics.

His points on whether if this was to be a case of murder would the police be expected to wait for the decision of the NJC before making arrest, And the fact the CJN, who appointed the overwhelming majority of the members of the NJC, of which he's the chairman
Cannot be expected to judge his case fairly, those two arguments Particularly resonate with common sense.

However, even if the FG cannot get him before the CCT, I'd still like for them to submit their evidence and present the case in front of the NJC. The aim wouldn't be to get justice now, it will be to expose the alter rubbish that is the Criminal Justice System in Nigeria.

5 Likes 1 Share

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by Shampoo77: 8:45pm On Jan 16, 2019
This man is not a professor but a tout. If you feel the law is not good the go to the national assembly and reammend the constitution instead of behaving like rascal.
Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by bixton(m): 8:55pm On Jan 16, 2019
jelel6:
Even though I know Prof Sagay would naturally support the government on this particular matter, it's clear for everyone to see that he made sound arguments. Arguments I would like to see fellow attorneys who are of different opinions counter while focusing on the issues at hand and not resort to under-arm tactics.

His points on whether if this was to be a case of murder would the police be expected to wait for the decision of the NJC before making arrest, And the fact the CJN, who appointed the overwhelming majority of the members of the NJC, of which he's the chairman
Cannot be expected to judge his case fairly, those two arguments Particularly resonate with common sense.

However, even if the FG cannot get him before the CCT, I'd still like for them to submit their evidence and present the case in front of the NJC. The aim wouldn't be to get justice now, it will be to expose the alter rubbish that is the Criminal Justice System in Nigeria.



The NJC is the CJN.
So who will they present the evidence to?

There's a loop hole in the law and it needs to be corrected by those whose responsibility it is.
The evidence is clear given that the CJN has admitted. It's now left for they to inform us if its a punishable offence.

7 Likes 1 Share

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by seunmsg(m): 8:59pm On Jan 16, 2019

“Did he do it? Did he not do it? The questions we should all be asking are contained in the front page of The Nation Newspaper of Tuesday 15th January, 2019: Did the CJN fail to submit a written declaration of all his assets and liabilities within prescribed period of three months after being sworn it?

“Did he omit to declare a domiciliary (US dollar) account No. 870001062650 maintained with Standard Chartered Bank Nigeria Limited? Did he falsely omit to declare a domiciliary (Euro) account No. 93001062686 maintained with the bank?


“Did he falsely omit to declare an e-Saver Savings (naira) account No. 5001062963 maintained with the bank? Did he falsely fail to declare naira Account 010001062667?”

Sagay advised Nigerians not be distracted by what he called a vicious and fraudulent campaign intended to sacrifice the substance and justice of the case on the altar of technicalities, adding that the truth must not be the first casualty in the matter.


Over to you Mr. CJN. These are the questions you need to answer when you appear before the CCT.

3 Likes 2 Shares

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by awuf2008: 9:09pm On Jan 16, 2019
This man Sagay or whatever must either be drunk or hallucinating.
Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by jelel6: 9:09pm On Jan 16, 2019
bixton:



The NJC is the CJN.
So who will they present the evidence to?

The NJC is a council of which the CJN is a member(chairman) along with some others, most of which was appointed by him ( CJN ).

You should read my last paragraph carefully again. I'm sure you would discover I clearly said that the FG shouldn't expect to get justice but expose the charade of the Legal System in Nigeria.

3 Likes

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by jelel6: 9:14pm On Jan 16, 2019
Shampoo77:
This man is not a professor but a tout. If you feel the law is not good the go to the national assembly and reammend the constitution instead of behaving like rascal.

awuf2008:
This man Sagay or whatever must either be drunk or hallucinating.

I'm pretty sure this utterances would more likely come from touts or drunks. OR, what do you say folks?

2 Likes 1 Share

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by baralatie(m): 9:35pm On Jan 16, 2019
This the case of justice Nganjiya v CCB


Summary
INTRODUCTION:
This appeal borders on Criminal Prosecution of a serving Judicial Officer.
FACTS:
This is an appeal against the decision of the High Court of Lagos State; coram AKINTOYE, J., delivered on 23rd June, 2017, against the Appellant's Notice of Preliminary Objection dated and filed on the 13th June, 2017 challenging the jurisdiction of the Court to entertain and determine the instant information against the Appellant.
The Appellant was by a 14 Count information dated 8th June, 2017 charged for offences ranging from unlawful enrichment by a public officer to making false information contrary to Section 82(a) of the Criminal Law of Lagos State, No. 11, 2011 and Section 39(2) (a) of the EFCC (Establishment) Act, 2004. The Appellant upon being served with the information filed a Notice of Preliminary Objection challenging the jurisdiction of the trial Court to hear the case against him mainly on the ground that conditions precedent to the filing of the information had not been fulfilled. In its Ruling delivered on the 23rd June, 2017, the trial Court dismissed the preliminary objection.
Miffed with said Ruling, the Appellant appealed to the Court of Appeal.
ISSUES:
Appellant distilled two issues viz:
"1. Whether the lower Court can validly exercise criminal jurisdiction over a sitting judicial officer (the Appellant) whilst still occupying such office without first satisfying the condition precedent of subjecting such judicial officer to the disciplinary jurisdiction of the National Judicial Council as provided for in the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
2. Whether in view of the constitutionally guaranteed doctrine of independence of the Judiciary, the lower Court is right in reaching the conclusion that the executive arm of government (acting through the  EFCC or any other authority) can directly prosecute a sitting judicial officer without first following due process as provided for in the Constitution by first referring the matter by way of petition to the National Judicial Council." 
Respondent formulated a lone issue viz:
"Whether in view of the facts and circumstances of this case, it can be said that the learned trial judge lack the requisite jurisdiction to hear and determine the information dated and filed on the 8th day of June, 2017."
DECISION/HELD:
In a unanimous decision, the appeal was allowed. The Ruling of the Lagos State High Court delivered on 23rd June 2017, was set aside. The preliminary objection filed on 13th June, 2017 by the Appellant was upheld and Charge No.LD/4769C/2017 was struck out.



http://www.lawpavilionplus.com/summary/judgments/?suitno=CA%2FL%2F969C%2F2017
Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by McDonJay(m): 9:43pm On Jan 16, 2019
Since this man joined this government he has been talking upside down. Shior!
Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by neyobills: 10:14pm On Jan 16, 2019
Osyabj:
Onnoghen was a CROOK in 1994

Onnoghen is a CROOK in 2019

Fact is that this same Onnoghen was indicted by 1994 Justice Kayode Eso Panel along with 47 other CROOKED judges as totally corrupt and unfit to serve as a judge

Most of those Onnoghen CROOKED thieves indicted by Justice Kayode Panel have long been kicked out of the bench.

Now this TOTALLY CORRUPT pdp judge who appointed 20 out of 23 NJC members wants the same NJC to try him first?

That will never happen.

This totally corrupt pdp judge must resign Now or Buhari must sack him as he had admitted contravening the Code of conduct law.

He must resign NOW or be sacked.


PMB was also indicted by the Oputa panel and never honoured its invite can we as well conclude PMB is also unfit to serve as a president?
Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by rexwalters: 10:32pm On Jan 16, 2019
theoldpretender:
Indeed, inspite of its defects, the Court of Appeal judgment in the Nganjiwa’s case expressly limited reference to the NJC only to cases of a judicial officers’ misconduct in court whilst exercising his authority as judge in case before him in court.

“According to the court: ‘It must be expressly stated that if a Judicial officer commits theft, fraud, murder or manslaughter, arson and the likes, which are crimes committed outside the scope of performance of his official functions, he may be arrested, interrogated and prosecuted accordingly by the State directly without recourse to the NJC. These classes of criminal act are not envisaged and captured by the provisions of paragraph 21, Part One of the Third Schedule.

“This demonstrates the hollowness and invalidity of the argument that every offence committed by a judicial officer must first be brought before the NJC, before the law enforcement agencies can entertain it.”



In other words, the Chief Justice can be brought before the CCB since the crime he is accused of (having undeclared assets) was committed outside the scope of performance of his official conduct.

So, the Chief Justice's trial in the Code of Conduct Bureau is IN ORDER.


Personally speaking, I think that there should be no trial...too close to the election. I also think there is politics involved here. But...the CJN got himself into this mess by not declaring his assets. Sorry guys...but political persecution or no...high time we stopped excusing corruption.
If not relieved of his duty either willingly or by force he may be blackmailed like Kemi Adeosun,The CJ of Nigeria must vacate his office.

2 Likes

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by rexwalters: 10:36pm On Jan 16, 2019
neyobills:



PMB was also indicted by the Oputa panel and never honoured its invite can we as well conclude PMB is also unfit to serve as a president?
Shut up Mr lover of corruption,indicted for what,stupid conspiracy Theorist?Did he declare all his assets by omission or not, yes or No?

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Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by neyobills: 10:38pm On Jan 16, 2019
rexwalters:
Shut up Mr lover of corruption,indicted for what,stupid conspiracy Theorist?

Google is your friend my dear

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Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by ogunsbanjul(m): 10:38pm On Jan 16, 2019
Well explained and understood. Why are lawyers just like to twist legal terms to confuse the layman like this? No wonder all judges along with non legal practitioners on earth will all stand trial on the judgement day where nobody will be entitled to a lawyer as rightly said by Mr. Femi Falana

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Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by rexwalters: 10:42pm On Jan 16, 2019
neyobills:


Google is your friend my dear
Miserable Peasant better go and give meaning to your life,no one will make you prosperous in the dog eat dog society of Nigeria. Lazy Brat.

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Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by neyobills: 10:45pm On Jan 16, 2019
rexwalters:
Miserable Peasant better go and give meaning to your life,no one will make you prosperous in the dog eat dog society of Nigeria. Lazy Brat.

Now that u have earned your pay go but sin no more else....
Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by gabbasin(m): 10:51pm On Jan 16, 2019
Every facet of the Nigeria judiciary is corrupt, from this CJN down to the magistrate and from the SAN to the charge and bail lawyers, In this country lawyers deposit cash in judges account in the name of assisting the concern judge in the funeral of his father or mother. And when prosecuted on this unholy deals the judges are let off the hook in the name off no enough evidence to link the deposits as bribe. But is it morally right for a judge to receive gifts in whatever form from lawyers? The answer is no, Anybody appointed as judge knows that he is to live by his salary and allowances alone, if you want to be wealthy as a learned one, stay in the bar as a barrister and solicitor as no one is forced on to the bench

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