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Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay - Politics (3) - Nairaland

Nairaland Forum / Nairaland / General / Politics / Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay (19660 Views)

Onnoghen Resigned To Avoid Being Dismissed - Prof. Itse Sagay / The Real Reasons Saraki Couldn’t Proceed With Onnoghen Case At Supreme Court-SR / Embattled Justice Onnoghen To Be Replaced By Justice Tanko Ibrahim Mohammed (2) (3) (4)

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Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by rexwalters: 10:53pm On Jan 16, 2019
neyobills:


Now that u have earned your pay go but sin no more else....
The Corrupt ones will always reject change,no wonder saraki escaped at the Supreme court,it is the same ones that are supporting the CJ today,tomorrow will turn around and blame President Buhari for irrational Judgments from the Supreme Court.

2 Likes 1 Share

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by baralatie(m): 10:57pm On Jan 16, 2019
bkool7:
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

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 rexwalters: 11:00pm 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.
You can't investigate yourself neither can you be a judge in your own case,the CJ must vacate his position for judicial due process to take it's course. Special prosecutor Robert Muller is investigating the President of the United States not the Attorney General. The CJ as a matter of due process & rule of law must vacate his position immediately.

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Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by baralatie(m): 11:14pm On Jan 16, 2019
rexwalters:
You can't investigate yourself neither can you be a judge in your own case,the CJ must vacate his position for judicial due process to take it's course. Special prosecutor Robert Muller is investigating the President of the United States not the Attorney General. The CJ as a matter of due process & rule of law must vacate his position immediately.
point of correction!
the President of the United States or America(executive) is being investigated by a special counsel provided for and instituted in the US constitution under the Ministry of Justice(judiciary).
Robert Mueller is under the Ministry of Justice.

What your constitution and court say in respect of dealing with judicial officers is totally different when it comes to Nigeria

1 Like 1 Share

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by Friend01(m): 11:17pm On Jan 16, 2019
amalab30:
I stopped taking this man serious since he started working for Buhari. You can't work for any thief in Nigeria - hiding under the name of a Politician and defense of Immunity and have sense.

Funny worr drew me to him was his name. Even though I dont know the meaning, it was catchy.

Nigeria is going. Perdition is even an understatement.


When I read comments like yours on this forum,I just weep for this country.
These are kind of people who can't rub their brain cells together to make sense of what the learned prof is saying instead they are resorting to ad hominem.

I pity Nigeria oh.
You people are indeed worse.

4 Likes 1 Share

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by Friend01(m): 11:20pm On Jan 16, 2019
Racoon:
-1).The ICPC/police gave silly silly reason why they cant arrest or prosecute Kemi Adeosun.

-2).EFCC have also given reason why Maina could not be arrested/prosecuted.Now they're also telling a bewildered nation why the DSS-indicted APC party chair should not be investigated.

-3).Prof.Sagay have justified why Madam Kemi should continue in her forgery/perjury criminality.


-4).Obono-Obla have justified why Abdulrasheed Maina should be retained back then by the government.

-5).President Buhari have defended & exornerated Lawal Babachir/Ibrahim Magu/NHIS Sec & now the almighty Ganduje babanriga bullion van dollar bribe scandal even calling him a "responsible" corrupt man with integrity.)

-6).Lawal Daura have defended why Ayo Oke(NIA/Ikoyi-gate) and Ita Epenyong should never be investigated by the EFCC.

[b]-7).The presidency have exonerated Aisha #2.5B "gifts" Scandal, VP Osinbajo's 5.58B NEMA scandal, Ahmed Sirika's #1.5B imaginary "Air Nigeria" scam.

Pls argue with your brain as far as this govt.is concerned.



I personally stopped taking Sagay serious since Sagay defended Kemi Adeosun NYSC certificate forgery scandal and Obono-Obla defended the Abdulrasheed Maina scandal.


All these cases you have mentioned; are they what we are dealing with?

Why do people like diverting attention.

We are discussing about rice and beans you are talking about amala and ewedu.
Does it make sense to you!?

Onneoghen's case is hot on the table stop using your clandestine tactics to contort the story.

Is the CJN guilty or not. This is the point of discussion.

4 Likes 1 Share

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by Friend01(m): 11:23pm 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.....!


TooMuchStuff for a dull mind like yours.

You left want is being discussed to something else and you think the likes you got on your comment means you are making sense.
I hope you know that filthy things attract much flies.

4 Likes 1 Share

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by edupedia: 11:32pm On Jan 16, 2019
amalab30:
I stopped taking this man serious since he started working for Buhari. You can't work for any thief in Nigeria - hiding under the name of a Politician and defense of Immunity and have sense.

Funny worr drew me to him was his name. Even though I dont know the meaning, it was catchy.

Nigeria is going. Perdition is even an understatement.

...he has told u the truth....but we are tribalistic and shameless liars who do nonsensical night vigils every friday for nothing....

1 Like

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by rhidollah(m): 11:32pm On Jan 16, 2019
atakamus:
I am not happy with people opposed to the CJN trial. They are just confused. Why is he afraid to face trial if he is innocent. Nobody is above the law. He has no immunity and should prove his innocence.
Let us not make mistake in this country. There is a strong corruption in the judiciary. This is the reason why we are not making any headway in the fight against corruption. Mistake over this will affect this country for a long time.
People are saying NJC. NJC my foot. How can a case against the head of NJC be taken to the same NJC where he appoints almost all the members of the so called group.
The CJN should have known better. He should be an authority in legal matters. Let us keep sentiment aside.
it's like saying a corruption case against buhari should be taken to Fec or a case against saraki or Dogara should be taken to nass
Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by senatordave1(m): 11:38pm On Jan 16, 2019
rhidollah:

it's like saying a corruption case against buhari should be taken to Fec or a case against saraki or Dogara should be taken to nass
Exactly,thats what i wanted to say.the njc and cjn are one.all public officers except those with immunity can be brought before the cct.

2 Likes

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by mrvitalis(m): 1:57am On Jan 17, 2019
funshybam:
Sagay's position is entirely illogical and untrue.

If NJC finds him guilty, NJC will recommend that he be removed as CJN.

Removal as CJN is entirely different from being sacked from public service as a judge...

Onnoghen can then be tried after NJC's recommendation

She asked a question if a judge kills a person we should report to NJC first two ?

NJC can only come in when u commit an offence while doing your job as a judge

Did you read this at all?

2 Likes

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by Racoon(m): 2:42am On Jan 17, 2019
[s]
Friend01:

All these cases you have mentioned; are they what we are dealing with? Why do people like diverting attention.

We are discussing about rice and beans you are talking about amala and ewedu.Does it make sense to you!?Onneoghen's case is hot on the table stop using your clandestine tactics to contort the story.Is the CJN guilty or not.This is the point of discussion.
[/s]
Go read about the law of selective justice first then come back let's hear you out again.

1 Like

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by Ivoryd1: 3:18am On Jan 17, 2019
funshybam:
Sagay's position is entirely illogical and untrue.

If NJC finds him guilty, NJC will recommend that he be removed as CJN.

Removal as CJN is entirely different from being sacked from public service as a judge...

Onnoghen can then be tried after NJC's recommendation

You too ask yourself IF THERE IS SENSE IN WHAT YOU WROTE(((Onnoghen can then be tried after NJC's recommendation[/quote].))....can he be tried without being partial by the very people he appointed.......let's be sensible in our judgment na......i dont know how old you are, but I suppose you will be old enough if not older than me , yet you're making such illogical statement

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Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by zoedew: 6:31am On Jan 17, 2019
Splitting hairs!
Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by PaChukwudi44(m): 6:35am On Jan 17, 2019
mrvitalis:


She asked a question if a judge kills a person we should report to NJC first two ?

NJC can only come in when u commit an offence while doing your job as a judge

Did you read this at all?
That is the position of the law!!! President and Governors have immunity even if they commit murder

1 Like

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by PaChukwudi44(m): 6:36am On Jan 17, 2019
Ivoryd1:


You too ask yourself IF THERE IS SENSE IN WHAT YOU WROTE(((Onnoghen can then be tried after NJC's recommendation.))....can he be tried without being partial by the very people he appointed.......let's be sensible in our judgment na......i dont know how old you are, but I suppose you will be old enough if not older than me , yet you're making such illogical statement
The law is the law.it is not subject to emotions
Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by bkool7(m): 6:38am On Jan 17, 2019
baralatie:


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

I tell the real hive of corrupt elements in our society resides in the judiciary. These elements have formed a cult like clique of 'one for all and all for one. '
You see the way even the NBA rose frantically to his defense.

Where lies our hopes in this country?

We're doom if certain ppl don't stand up for what's right in this case

2 Likes 1 Share

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by PaChukwudi44(m): 6:40am On Jan 17, 2019
mrvitalis:


She asked a question if a judge kills a person we should report to NJC first two ?

NJC can only come in when u commit an offence while doing your job as a judge

Did you read this at all?
You are wrong.A judge cannot be tried for any offend without going though the NJC.It is not only when there are doing their jobs as a judge.The CCB and the EFCC lost their cases against supreme court Judge Sylvester Ngwuta because of this same reason.

The judgment of the lagos division of the appeal court remains the law until it is set aside.
Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by PaChukwudi44(m): 6:46am On Jan 17, 2019
bkool7:


I tell the real hive of corrupt elements in our society resides in the judiciary. These elements have formed a cult like clique of 'one for all and all for one. '
You see the way even the NBA rose frantically to his defense.

Where lies our hopes in this country?

We're doom if certain ppl don't stand up for what's right in this case
Did you stand up against coruption when Ganduje was caught stuffing dollars in babaringa?
Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by deomelo: 7:01am On Jan 17, 2019
bkool7:


I tell the real hive of corrupt elements in our society resides in the judiciary. These elements have formed a cult like clique of 'one for all and all for one. '
You see the way even the NBA rose frantically to his defense.

Where lies our hopes in this country?

We're doom if certain ppl don't stand up for what's right in this case



The judiciary is always our last line of defense, we depend on the judiciary to deter the society from lawlessness, criminality and breakdown of law and order, but judiciary in Nigeria is the most corrupt arm of our government, they sell judgments to the highest bidder at the expense of the society and this is the reason why corruption is not leaving us, unless we take drastic actions.

This is how dire the situation is, the head of the NBA, is currently on trial for money laundering and corruption and the head of the judiciary is about to face trial for similar transgressions and we still have many judges on trial as we speak.

Very sad..

1 Like

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by mrvitalis(m): 7:08am On Jan 17, 2019
PaChukwudi44:

You are wrong.A judge cannot be tried for any offend without going though the NJC.It is not only when there are doing their jobs as a judge.The CCB and the EFCC lost their cases against supreme court Judge Sylvester Ngwuta because of this same reason.

The judgment of the lagos division of the appeal court remains the law until it is set aside.
That's case is different, it was for bribe

Did you read position at all?

2 Likes 1 Share

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by mrvitalis(m): 7:08am On Jan 17, 2019
PaChukwudi44:

That is the position of the law!!! President and Governors have immunity even if they commit murder
CJN don't enjoy immunity, please show me were we have that in the constitution

2 Likes 1 Share

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by rhidollah(m): 7:14am On Jan 17, 2019
PaChukwudi44:

That is the position of the law!!! President and Governors have immunity even if they commit murder
but judges don't

2 Likes 1 Share

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by Friend01(m): 7:19am On Jan 17, 2019
Racoon:
[s][/s]
Go read about the law of selective justice first then come back let's hear you out again.


Even if you feel there is "selective justice, " but the fact remains : did the CJN breach any law?
This is the point

If we were to say, let's go back to those who committed the alleged offences you are pointing to o in past then we will have no end to all this.

Because we will keep going back and back till we won't do anything tangible about it.

Let's deal with the issue on the table first and deal with those later when there are substantial evidence to sue them .This lumping of issue is not helping matters.

first thing first oga.
I know some of you are allergic to the truth.

3 Likes 1 Share

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by chernest2002: 7:21am On Jan 17, 2019
Onyeedum:
2009 vs 2019... APC #10yearsChallenge

Product of Grace
Small boy with big God

Did I Change?
isorite Apc have not changed and can never change.

1 Like

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by Friend01(m): 7:21am On Jan 17, 2019
mrvitalis:

CJN don't enjoy immunity, please show me were we have that in the constitution


They don't have immunity . This is well known and you not suppose to be asking this kind of question at this age.
Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by Friend01(m): 7:25am On Jan 17, 2019
mrvitalis:

CJN don't enjoy immunity, please show me were we have that in the constitution


They don't enjoy immunity.
And I am even surprised that you asking this kind of question when you want to argue about politics.

1 Like

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by mrvitalis(m): 7:28am On Jan 17, 2019
Friend01:


They don't have immunity . This is well known and you not suppose to be asking this kind of question at this age.
A professor of law as stated that the NJC can only come in when it involves professional misconduct ( doing wrong On the job) not a personal offense

And that makes sense... If I judge takes bribe u can't try him until the njc look into it,

But if a job steals... The NJC has no business there.... If u can disprove the prof

1 Like 1 Share

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by Ovamboland(m): 7:56am On Jan 17, 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 the CJN knows he committed the infraction it's honorable for him to resign his appointment than subject the whole legal system to this level of stress. He should advise the politicians getting involved to back off and let him handle his case alone.
The fact that he is still holding on, if he truly failed to declare those accounts, tells a lot about his character and intentions.
Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by Ovamboland(m): 7:57am On Jan 17, 2019
amalab30:
I stopped taking this man serious since he started working for Buhari. You can't work for any thief in Nigeria - hiding under the name of a Politician and defense of Immunity and have sense.

Funny worr drew me to him was his name. Even though I dont know the meaning, it was catchy.

Nigeria is going. Perdition is even an understatement.

In your preoccupation with the name you failed to fault or address any of the points he raised in his article. Is this how blacks are wired, leaving substance and chasing shadows.

2 Likes 1 Share

Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by chinaza717: 8:31am On Jan 17, 2019
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Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by orisa37: 10:59am On Jan 17, 2019
Prof. Itse Sagay is making a lot of mature sense here.

We, The People of Nigeria, are hereby advising Muhhammadu Buhari,

1, to shield his Weapons on all allegations of Corruption in The Judiciary and The NASS now.

2, Suspend the Elections and

3, Charge The NASS to present a Bill to take either of two steps:-

(i) Reconcile 100% our 1999 Constitution with The American Constitution or

(ii) Grant full autonomies to our 36 Constitutional States and limit F.G to Foreign Affairs, Military and External Relations only.

We are in a Democracy, governing The People and The People must not be allowed to suffer at all from the unreasonableness of the Government.

(1) (2) (3) (4) (Reply)

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