martowskin1:


No mind the guy, him wan form father of democracy, na Nigeria be this, no body care, them no go remember u, even abiola them forget the guy..

Na him laziness 9 make the governors no dey loyal na, all of them just dey do as them like, just watch the way buhari GI treat okorocha after election for him f.up

we just dey pray make Atiku fit win.


If he ehter ehn, no other party will rule this country again apart from PDP.

Jonathan Bleep up big time

Actually he does not have d power to do so as he didn't appoint d CJN he entered d post as next in rank to d ex CJN

4dor:


I never said he was, I gave an instance about the Sanusi suspension because the President at the time didn't have the power to remove him. Please read section 11 of the Interpretation Act.

and it wasn't the president who suspended him.

Also it makes no sense to argue the illegality of suspending the head of the judiciary (CJN) without majority legislative backing, by citing the example of a former President of the Court of appeal.

Binikingdowm:
we just dey pray make Atiku fit win.


If he ehter ehn, no other party will rule this country again apart from PDP.

Jonathan Bleep up big time

Atiku will win only in your house

wellmax:
3021399430
please go and read Section 11 of the Interpretation Act, Cap 123, Vol. 8, LFN, 2004, you will see the answer to your question. The president can suspend the CJN indefinitely. What happened when Jonathan suspended Justice Ayo Salami then?

Jonathan only acted on the recommendations of the NJC.

AllenSpencer:



Why are you shooting yourself in the leg. If it's not provisioned, then Buhari's move is valid.

You are dumber than i thought. Let me break it down for you airhead. There is no constitutional backing to SUSPEND a CJ. You can only remove him and you need 2/3 concurrence of the Senate. Is it clear now?

ChimaAgbalajob:
It is now very clear that Buhari had no intentions whatsoever to conduct a free and fair elections, nor respect the wishes of Nigerians expressed through the ballot box. Times of fearful trepidation has returned to Nigeria. The worst fears of Nigerians have been confirmed to indeed be true.

With the current circle of illegality and desperation by the Executive arm of government to rig the 2019 elections and manipulate the Judiciary, it has become urgent to save lives and postpone the election to avoid the impending violence.

Going by the current play book which has already been test run in the Ekiti and Osun elections, the results of the Presidential elections has already been written by Buhari and will be handed to INEC to announce on February 17th.

The consequence of such rape of democracy and the current lack of confidence in the Judiciary will result in massive protests and loss of lives as the security forces will be deployed to kill innocent citizens protesting the rape of democracy.

In the light of these, all well meaning Nigerians, leaders of religious organizations and other leaders of thought must now work for the postponement of the elections to save lives and indeed save Nigerian democracy. Nigeria has indeed been ushered into another dark era of sham elections by undemocratic forces determined to remain in power despite the will of Nigerians.

"Security forces to be deployed to kill innocent Nigerians protesting the rape of democracy."


But ask: are the security officers not humans who are also seeing the evils going on in this govt?

What type of military indoctrination can make a soldier defend evil fashioned by this Buhari cabal against Nigeria?

Ozkar:
and it wasn't the president who suspended him.

Also it makes no sense to argue the illegality of suspending the head of the judiciary (CJN) without majority legislative backing, by citing the example of a former President of the Court of appeal.

For the umpteenth time at no point did I use Salami as a yardstick. I'm also telling you once again to read section 11 of the Interpretation Act.


http://www.nigeria-law.org/Interpretation%20Act.htm

We can all argue from today till tomorrow it won't change what this law says.

Elliot2:
Jonathan only acted on the recommendations of the NJC.

Read what he told you to read before arguing with him.

http://www.nigeria-law.org/Interpretation%20Act.htm

Wantedmiller:



case settled

Not settled. An order touching on the res obtained exparte without putting the other side on notice?

4dor:


For the umpteenth time at no point did I use Salami as a yardstick. I'm also telling you once again to read section 11 of the Interpretation Act.


http://www.nigeria-law.org/Interpretation%20Act.htm

We can all argue from today till tomorrow it won't change what this law says.

the law you posted a link to says if you have the power to appoint, you have the power to remove or suspend.

Does the president have the power to appoint the CJN on his own? No. The NJC recommends the next CJN, and then the president approves and seeks confirmation from the legislative majority before the appointment becomes official.

So why did he suspend him without recommendation from NJC and confirmation by the legislative?

MT:
Yes he does. The president can SUSPEND but he cannot REMOVE. A case of Jonathan "suspending" the then CBN governor , Lamido Sanusi readily comes to mind. Also, Jonathan "suspending" Ayo Salami.

You history rewriters. Jonathan didn't suspend Ayo Salami. he approved the suspension given by the njc.

AllenSpencer:



The topic is far more matured than you. Keep shut if you can't table points constructively.


You laying points out like Ede Polytechnic student.

I wonder when personal opinions of another become a means of displaying ones ignorance and foolishness!

As you are on the inside you have spoken!

Psycho-fans shouting "Sai Baba" with no single intellectual or logical independence!

Good night

Capensis:
The old man has perfected his rigging machinery. You all can vote whoever you want, but he is not ready to stand up. He has the military, police, INEC, APC and even Fulani herdsmen leadership from his tribe and family to be in charge of every organ of governance.

Nigerians are waiting for foreigners to start the revolution for them....poor things.

Or rather the cabals using the old fool to rule this country.

Ozkar:
the law you posted a link to says if you have the power to appoint, you have the power to remove or suspend.

Does the president have the power to appoint the CJN on his own? No. The NJC recommends the next CJN, and then the president approves and seeks confirmation from the legislative majority before the appointment becomes official.

So why did he suspend him without recommendation from NJC and confirmation by the legislative?

Good question! You know who has the power to answer this? A competent court of law not you or me. Hopefully someone will wake up and do the right thing.

Yes you are correct about the position of precedents and their use by the honourable courts of law.

However, before a precedent can be considered it must first be on all fours with the matter, it is sought to be applied to which in this case doesn't apply, the reason being as follows.

Retd. Hon. Justice Ayo Salami was first and foremost suspended by the NJC the body whose decision was then acknowledged by then president Goodluck Ebele Jonathan based on their recommendation as at that time.

This has not been followed in this case as President Muhammadu Buhari has acted unilaterally without resort to the NJC nor the senate majority and as such he has acted contrary to constitutional powers and made a clear abuse of the principle of separation of powers.

This is not a matter or religious or ethnic sentiment, it is an issue that bothers on whether the law was followed intoto in arriving at a concise decision.

Tetehjewels:


Let me school you a bit.

In law there are legal precedence to much of what the judiciary accepts ad legal positions on issues or arguments.

Goodluck Ebele Jonathan gave a legal precedence when he suspended Justice Salami and was backed by the AGF and this was recognized and nobody grumbled even in the slightest.

This same precedence has been borrowed by Buhari in a case involving the CJN who by the honorable profession should have stepped aside pending the outcome of his CCT case but he rather chose the path of Judicial rascality by suspending the meeting of the NJC till further notice and then wanting to go ahead and swear in the electoral tribunal members.

That is Judicial rascality in all ramification and since the law is silent about the suspension of the CJN, the executive reserves the right to suspend him by law via an executive order which is what buhari has done.

Let that sink in

Tetehjewels:


He suspended him and did not remove him

Suspension and removal are almost same. Can the president now use the same meaning you are thinking to use to suspend the senate president? Can he dare it?

4dor:


Point of correction he wasn't sacked. His suspension was later lifted but GEJ disregarded the NJC.

https://www.abusidiqu.com/jonathan-has-no-power-to-stop-salamis-reinstatement-njc-says-recall-needs-no-presidential-approval/

https://www.legit.ng/47633.html

Nigerians are full of hatred, hypocrisy and sentiments. Buhari is a tyrant and he is practising an autocratic government blah blah.

OBJ and GEJ did exactly what he did but none of these guys ever called them names.

This exact same scenario played out when GEJ sacked suspended the governor of the CBN for daring not to be on his side. I hear somwthing similar also happened to a judge named Salami; he was suspended until he attained retirement. The fact is that the president of Nigeria holds too much powers.

Meanwhile most of the folks shouting 'tyrant' here today called it a 'masterstroke' when a similar situation played out 5 years ago.

wellmax:
3021399430
please go and read Section 11 of the Interpretation Act, Cap 123, Vol. 8, LFN, 2004, you will see the answer to your question. The president can suspend the CJN indefinitely. What happened when Jonathan suspended Justice Ayo Salami then?

You are just too dumb and ignorant with the truth. Jonathan suspend him base on the recommendation the njc. Now go back to that case and apologise for your ignoramus thinking

4dor:



Good question! You know who has the power to answer this? A competent court of law not you or me. Hopefully someone will wake up and do the right thing.

dude, the Nigerian Court of Appeal ordered the CCT to suspend the trial, but they disregarded that injunction by A COMPETENT COURT OF LAW. Also Buhari disregarded the legislative like the tyrant that he is and went on to oil his rigging machinery.

Where does the CCT have the jurisdiction to order suspension of the CJN, or appointment of another?

This is blatant rape of the constitution and a coup on the judiciary. Shame on all those supporting this.

NaijaMutant:



Your argument is baseless and legally illogical

Present your own point and save your face

borntoexcel2000:
Lawyers oya come in

Someone said, "Suspension" and "Removal" are two different things...

The learned, am waiting

Modified:

Someone said, A suspension is not a removal. Under law those are two different things.

He is still the CJN but on suspension. While an Interim CJN would take his place pending the outcome of his case at CCT.

Case closed. Let me take a bow

1. A subsisting FHC order had restrained the CCT from sitting on the matter.
2. A legal axiom states that, "the express mention of one is to the exclusion of all others." The CJN can't be suspended na. The constitution recognizes an outright removal to the exclusion of a suspension.

Just2endowed2:


Suspension and removal are almost same. Can the president now use the same meaning you are thinking to use to suspend the senate president? Can he dare it?

There is nothing like almost same in law.

Suspension is different from removal

helinues:
Yes he does. If you can appoint , you can fire


Though not supporting this wuru wuru

Read well it is ON THE RECOMMENDATION OF THE NJC Buhari can remove a Chief Justice not by Himself through some bloody Code of Conduct Tribunal.

Willie2015:


This is the best card to play.....
Bomb all the pipelines with caveat that PMB must reinstate the suspended CJN...
No oil production .....PMB brain go reset .....

what happened when you clowns were busy bombing in 2015/2016? na you go still suffer

Binikingdowm:
No

I hope groundnut pyramid can feed the north because their terrorist leader is trying to provoke their source of living.

The better south ain't taking this rubbish.

Why not face the issue at hand?

AyoolaIgwe:

1. A subsisting FHC order had restrained the CCT from sitting on the matter.
2. A legal axiom states that, "the express mention of one is to the exclusion of all others." The CJN can't be suspended na. The constitution recognizes an outright removal to the exclusion of a suspension.

The constitution does not place any limitation on the President when it comes to a suspension but only in the case of a removal.

The constitution is an authority in that regard and not when it comes to a suspension. Besides when such silence in terms of suspension is observed, the constitution also recognized this and said REMOVAL OR SUSPENSION. This can be found in the interpretation of the laws and acts of Nigeria 1990

Tetehjewels:


The constitution only gave provision for REMOVAL AND NOT SUSPENSION.

The executive is the highest arm of government and the executive can formulate laws via executive orders without the input of the Judiciary or legislature.

The President has the right to suspend. Besides a precedence has already been set in this regard by Jonathan under PDP when he suspended Justice Salami. Based on this, the law balances itself out

Chai? And I am nigerian with this people. Piss. Go and read that your Jonathan case against the president of the appeal court. Do you think it was the FG That removed him? You are just too backwards. It was the NJC. spit.,

Most comments here shows you guys are really reaching cis of your emotions...
As a learned fellow I will educate you
There is no place in d constitution that is against d president suspending the CJN....what is in d constitution is the protocols to follow to remove the CJN and I'm sure you know both are different terms in Law....... So constitutionally Buhari has not done any thing contrary to the constitution.... Any question?

[quote author=nelxxy post=75107372] and who told you that buhari appointed cjn and also has the Right to sack or fire[/quote
President Muhammadu buhari ordered vice president osinbajo to appoint the cjn.vp osinbajo can not appoint cjn without consulting the president despite being in acting capacity.

Tetehjewels:


There is nothing like almost same in law.

Suspension is different from removal

Dude, if you think the president can use the term suspension which you blindly think it's different things base on where you understand the law,then that means he can wake up one day and suspend anything blocking his way. I know you don't understand but just sit down and use a bit of your brain and tell me if this is not tyranny? .

My brother, I am not surprised that you won't condemn him but even in past leaders like Hitler that ran tyranny throughout their country, they still have diehard followers that were completely blind with ethnicity, emotions and the truth like you. Continue and it's even baseless arguing with you . May God save the open minded ones.