A judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances –

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.”

The controversial suspension of the Chief Justice of Nigeria, Walter Onnoghen, by President Muhammadu Buhari has continued to elicit mixed reactions.

In removing Mr Onnoghen, Mr Buhari claimed he acted based on a Code of Conduct Tribunal order.

Many Nigerians, however, believe the president has no such powers to remove a CJN from office.

Section 292 of the Nigerian constitution deals with the removal of some public officials including the CJN. The section does not distinguish temporary removal (suspension) from a permanent removal (sack).

Below is the law as reproduced verbatim from the constitution

“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 –

“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;

(b) in any case, other than those to which paragraph (a) of this subsection applies, by the President or, as the case may be, the Governor acting on the recommendation of the National Judicial Council that the judicial officer 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.

In other words, a sitting CJN can only be removed from office by the president after at least two-thirds majority members of the Senate support such a move. No such matter has been debated in the Senate.

We have a tyrant like never before on our hands. Abacha is child's play.

You obviously have not read the interpretation act.

Whiteangel1234:
A judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances –

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.”

He was suspended, not REMOVED

Mynd44:
You obviously have not read the interpretation act.

u that have read it pls enligten us more, mynd44(San)

fyneguy:


He was suspended, not REMOVED

let the the National assemblyband body of benchers determine that not you still living with your mum

Mynd44:
You obviously have not read the interpretation act.

tell us about the act

I truly hope we aren't back to Abacha's era as hinted by someone recently.

fyneguy:


He was suspended, not REMOVED

.

It amount to Executive interference and rascality if The Presidency is arrogated such power under grammatical guise there is no hope for the common Man .

SalamRushdie:


let the the National assemblyband body of benchers determine that not you still living with your mum

Guy why u wan kill dis guy with dis ur quote? U mean say him still dey suck em mama breast.?

Mynd44:
You obviously have not read the interpretation act.

what is the interpretation act, oga?

it's a shame that someone enlightened as you are is supporting this illegality.

are you even aware of the repercussions of this careless abuse of power?

chiefkpokp:


Guy why u wan kill dis guy with dis ur quote? U mean say him still dey suck em mama breast.?

most of them stay with their mum oo

(f) is removed by the President:
Provided that the removal of the Governor shall be supported by two-thirds majority of the Senate praying that he be so removed (emphasis supplied).


https://www.legalnaija.com/2014/02/law-on-removal-of-cbn-governor.html

I don't remember Jona waiting for the support of two-thirds majority of the Senate before removing CBN GOvernor, SLS.

deomelo:




[b]I don't remember Jona waiting for the support of two-thirds majority of the Senate before removing CBN GOvernor, SLS.

Are you okay? What qualifies a CBN governor to the Chief of the 3rd arm of government?

You know why you guys are not smart? Because you do not know that this is a precedence. It is buhari today and it's 'sweeting you'. Tomorrow it might not be Buhari.

Learn to stand for what is right, for once in your life. Be a man for once.