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Nairaland Forum / Nairaland / General / Politics / Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay (19839 Views)
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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: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: 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: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. 3 Likes 2 Shares |
Re: Why NJC Can’t Consider Onnoghen’s Case - Prof Itse Sagay by baralatie(m): 11:14pm On Jan 16, 2019 |
rexwalters: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: 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: 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: 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: ...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: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: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: 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:[/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: 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 2 Likes 1 Share |
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: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: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: 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: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: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: 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: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: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: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: 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: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: 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: 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: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: 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: 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. |
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