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See Why Buhari’s Suspension Of Chief Justice Is Illegal - Politics - Nairaland

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See Why Buhari’s Suspension Of Chief Justice Is Illegal by socialmediaman: 10:45pm On Jan 25, 2019
The President’s action of suspending the Chief Justice of Nigeria and swearing in of a new CJN in acting capacity unambiguously constitutes a removal of Justice Onoghen from office (whether temporarily or permanently) as the Chief Justice is no longer able to perform his constitutional duties.

Now, I understand that ‘smart’ people are trying to equate this to the suspension of Sanusi during GEJ’s tenure as president. Do you realize that in this case, The office of the Chief Justice does not report to the Executive arm of government?

Now, see what the constitution clearly states in Section 292, subsections (a) and (b):

The president can only remove the Chief Justice of Nigeria under one or two conditions:

1. Recommendation from the National Judicial Council

2. Voted by two-thirds majority of the Senate


Can someone please tell us which of these 2 conditions occurred?

Is Buhari not truly a tyrant?

mynd44 lalasticlala

2 Likes

Re: See Why Buhari’s Suspension Of Chief Justice Is Illegal by Vrengkat(m): 11:10pm On Jan 25, 2019
Assignment - check section 11 of the Interpretation Act and then tell me if Buhari cannot suspend the CJN

First of all, the word removal is not synonymous to suspension, unless there is precedent for this, buhari has not gone contrary to law, it is left for the court to use the mischief rule to adjudicate this matter... The word removal is not defined
.

Secondly, Walter for fear that the NJC would suspend him, adjourned the NJC seating indefinitely... That just reaffirms his guilt.


Thirdly, why are you putting out your neck for someone you are sure is guilty, do you know how many supreme Court cases has suffered due to this struggle, today was suppose to be the hearing of the APC portharcourt case, but nothing... Cause of one man


The fight against corruption in Nigeria is a hard one, I commend Buhari for this, I am a lawyer, part of the judiciary, I do not see this as an attack on the judiciary, but a cleansing, after all, he who comes to equity must come with clean hands...


I won't use Sanusi as a precedent, try to reconcile this with GEJ and Ayo salami

5 Likes 1 Share

Re: See Why Buhari’s Suspension Of Chief Justice Is Illegal by socialmediaman: 11:13pm On Jan 25, 2019
Vrengkat:
First of all, the word removal is not synonymous to suspension, unless there is precedent for this, buhari has not gone contrary to law, it is left for the court to use the mischief rule to adjudicate this matter... The word removal is not defined
.

Secondly, Walter for fear that the NJC would suspend him, adjourned the NJC seating indefinitely... That just reaffirms his guilt.


Thirdly, why are you putting out your neck for someone you are sure is guilty, do you know how many supreme Court cases has suffered due to this struggle, today was suppose to be the hearing of the APC portharcourt case, but nothing... Cause of one man


The fight against corruption in Nigeria is a hard one, I commend Buhari for this, I am a lawyer, part of the judiciary, I do not see this as an attack on the judiciary, but a cleansing, after all, he who comes to equity must come with clean hands...


I won't use Sanusi as a precedent, try to reconcile this with GEJ and Ayo salami

See where you got it wrong, if the word “removal” cannot be equated with suspension which both prevent the judge in question from performing his duties, it means the constitution does not recognize the act of “suspension” which itself renders his order illegal

7 Likes

Re: See Why Buhari’s Suspension Of Chief Justice Is Illegal by Cajal(m): 11:16pm On Jan 25, 2019
socialmediaman:
The President’s action of suspending the Chief Justice of Nigeria and swearing in of a new CJN in acting capacity unambiguously constitutes a removal of Justice Onoghen from office (whether temporarily or permanently) as the Chief Justice is no longer able to perform his constitutional duties.

Now, I understand that ‘smart’ people are trying to equate this to the suspension of Sanusi during GEJ’s tenure as president. Do you realize that in this case, The office of the Chief Justice does not report to the Executive arm of government?

Now, see what the constitution clearly states in Section 292, subsections (a) and (b):

The president can only remove the Chief Justice of Nigeria under one or two conditions:

1. Recommendation from the National Judicial Council

2. Voted by two-thirds majority of the Senate


Can someone please tell us which of these 2 conditions occurred?

Is Buhari not truly a tyrant?

...is removal synonymous with suspension..!!!
Get ur fact clear...

2 Likes

Re: See Why Buhari’s Suspension Of Chief Justice Is Illegal by SalamRushdie: 11:19pm On Jan 25, 2019
Vrengkat:
First of all, the word removal is not synonymous to suspension, unless there is precedent for this, buhari has not gone contrary to law, it is left for the court to use the mischief rule to adjudicate this matter... The word removal is not defined
.

Secondly, Walter for fear that the NJC would suspend him, adjourned the NJC seating indefinitely... That just reaffirms his guilt.


Thirdly, why are you putting out your neck for someone you are sure is guilty, do you know how many supreme Court cases has suffered due to this struggle, today was suppose to be the hearing of the APC portharcourt case, but nothing... Cause of one man


The fight against corruption in Nigeria is a hard one, I commend Buhari for this, I am a lawyer, part of the judiciary, I do not see this as an attack on the judiciary, but a cleansing, after all, he who comes to equity must come with clean hands...


I won't use Sanusi as a precedent, try to reconcile this with GEJ and Ayo salami

The law is very clear on how a Judge can be suspended and the executive is not part of that ... The Law has the same removal requirement for all heads of the 3 Arms of govt and the executive removing any is not part of it ..

3 Likes

Re: See Why Buhari’s Suspension Of Chief Justice Is Illegal by baralatie(m): 11:24pm On Jan 25, 2019
Vrengkat:
First of all, the word removal is not synonymous to suspension, unless there is precedent for this, buhari has not gone contrary to law, it is left for the court to use the mischief rule to adjudicate this matter... The word removal is not defined
.

Secondly, Walter for fear that the NJC would suspend him, adjourned the NJC seating indefinitely... That just reaffirms his guilt.


Thirdly, why are you putting out your neck for someone you are sure is guilty, do you know how many supreme Court cases has suffered due to this struggle, today was suppose to be the hearing of the APC portharcourt case, but nothing... Cause of one man


The fight against corruption in Nigeria is a hard one, I commend Buhari for this, I am a lawyer, part of the judiciary, I do not see this as an attack on the judiciary, but a cleansing, after all, he who comes to equity must come with clean hands...


I won't use Sanusi as a precedent, try to reconcile this with GEJ and Ayo salami
can you quote the law that empowers the president to suspend the CJN

5 Likes

Re: See Why Buhari’s Suspension Of Chief Justice Is Illegal by Vrengkat(m): 11:26pm On Jan 25, 2019
socialmediaman:


See where you got it wrong, if the word “removal” cannot be equated with suspension which both prevent the judge in question from performing his duties, it means the constitution does not recognize the act of “suspension” which itself renders his order illegal



Section 1 of the Constitution does not say any word not recognized by the Constitution is null and void, it say if any law is inconsistent... Suspension is not found in the Constitution, so I get why you want to equate it to removal, but it's not up to you...it is for the court to use its discretion to decide... But i assure you, if a court is faced with this, he will not rely on that section...

Do you know there is a section for the removal of a senator, but none for the suspension of a senator, but do you know senator Ali Ndume was suspended?

1 Like 1 Share

Re: See Why Buhari’s Suspension Of Chief Justice Is Illegal by baralatie(m): 11:26pm On Jan 25, 2019
Cajal:
...is removal synonymous with suspension..!!!
Get ur fact clear...
is their existing in the constitution of Nigeria that the CJN can be removed from office by suspension
Re: See Why Buhari’s Suspension Of Chief Justice Is Illegal by Cajal(m): 11:34pm On Jan 25, 2019
baralatie:

is their existing in the constitution of Nigeria that the CJN can be removed from office by suspension
...he has not been removed... sir
Re: See Why Buhari’s Suspension Of Chief Justice Is Illegal by Vrengkat(m): 11:36pm On Jan 25, 2019
baralatie:

can you quote the law that empowers the president to suspend the CJN



That is the fun part about law... Not everything is covered by the law, this is why people say judges make laws, cause where there is mischief in our law, the judges have the discretion to interpret such law how they feel is best to correct the mischief, which is then binding on inferior law courts...



This is an issue not covered by our law, it is only the court that can say if Buhari is wrong... Therefore i advice all these carriers of bad tidings to approach the courts, except you know you are wrong, why would you clamour for people to protest on a matter were you could go to the court...


Let me tell you the only reason these people don't want to go to court... There case is dead... Walter already confessed and pleaded ignorance, which is not an excuse in law... The NJC was going to recommend his suspension today, which is why he adjourned the seating indefinitely
Re: See Why Buhari’s Suspension Of Chief Justice Is Illegal by baralatie(m): 11:42pm On Jan 25, 2019
Vrengkat:




That is the fun part about law... Not everything is covered by the law, this is why people say judges make laws, cause where there is mischief in our law, the judges have the discretion to interpret such law how they feel is best to correct the mischief, which is then binding on inferior law courts...



This is an issue not covered by our law, it is only the court that can say if Buhari is wrong... Therefore i advice all these carriers of bad tidings to approach the courts, except you know you are wrong, why would you clamour for people to protest on a matter were you could go to the court...


Let me tell you the only reason these people don't want to go to court... There case is dead... Walter already confessed and pleaded ignorance, which is not an excuse in law... The NJC was going to recommend his suspension today, which is why he adjourned the seating indefinitely
the bolded speaks volumes.the question is where did the president get executive powers not covered in the constitution to suspend the CJN come from?
does it not make the action illegal

3 Likes

Re: See Why Buhari’s Suspension Of Chief Justice Is Illegal by Jonadull: 11:43pm On Jan 25, 2019
baralatie:

the bolded speaks volumes.the question is where did the president get executive powers not covered in the constitution to suspend the CJN come from?
Does it not make the president the official law breaker
Where did the constitution forbid the president from suspending the cjn?
You’re not wise

1 Like

Re: See Why Buhari’s Suspension Of Chief Justice Is Illegal by Bragalane: 11:44pm On Jan 25, 2019
Is your Igbotic wailing legal ?

socialmediaman:
The President’s action of suspending the Chief Justice of Nigeria and swearing in of a new CJN in acting capacity unambiguously constitutes a removal of Justice Onoghen from office (whether temporarily or permanently) as the Chief Justice is no longer able to perform his constitutional duties.

Now, I understand that ‘smart’ people are trying to equate this to the suspension of Sanusi during GEJ’s tenure as president. Do you realize that in this case, The office of the Chief Justice does not report to the Executive arm of government?

Now, see what the constitution clearly states in Section 292, subsections (a) and (b):

The president can only remove the Chief Justice of Nigeria under one or two conditions:

1. Recommendation from the National Judicial Council

2. Voted by two-thirds majority of the Senate


Can someone please tell us which of these 2 conditions occurred?

Is Buhari not truly a tyrant?

Re: See Why Buhari’s Suspension Of Chief Justice Is Illegal by lordempire(m): 11:46pm On Jan 25, 2019
Some nonentities acting as if they know more than the law itself.....fools like the dullard

2 Likes

Re: See Why Buhari’s Suspension Of Chief Justice Is Illegal by baralatie(m): 11:48pm On Jan 25, 2019
Jonathan:

Where did the constitution forbid the president from suspending the cjn?
You’re not wise
the constitution says that the president can only remove the CJN by the following means

a, by recommendation of the National Judicial Council

b, 2/3 majority vote of the senate

c, due to I'll health or unfit healthwise to continue to discharge his duties

d, when he/she clocks the retirement age of 70

2 Likes

Re: See Why Buhari’s Suspension Of Chief Justice Is Illegal by sotall(m): 11:49pm On Jan 25, 2019
Jonathan:

Where did the constitution forbid the president from suspending the cjn?
You’re not wise
Just as your name suggest...you acting according to it's meaning.

If the president decides to blow you dumb skull with a gun, will you ask if the Constitution forbids him from doing so?

3 Likes

Re: See Why Buhari’s Suspension Of Chief Justice Is Illegal by Jonadull: 11:50pm On Jan 25, 2019
sotall:

Just as your name suggest...you acting according to it's meaning.

If the president decides to blow you dumb skull with a gun, will you ask if the Constitution forbids him from doing so?
As expected.
No coherence

1 Like

Re: See Why Buhari’s Suspension Of Chief Justice Is Illegal by erosimo(m): 11:51pm On Jan 25, 2019
Vrengkat:
First of all, the word removal is not synonymous to suspension, unless there is precedent for this, buhari has not gone contrary to law, it is left for the court to use the mischief rule to adjudicate this matter... The word removal is not defined
.

Secondly, Walter for fear that the NJC would suspend him, adjourned the NJC seating indefinitely... That just reaffirms his guilt.


Thirdly, why are you putting out your neck for someone you are sure is guilty, do you know how many supreme Court cases has suffered due to this struggle, today was suppose to be the hearing of the APC portharcourt case, but nothing... Cause of one man


The fight against corruption in Nigeria is a hard one, I commend Buhari for this, I am a lawyer, part of the judiciary, I do not see this as an attack on the judiciary, but a cleansing, after all, he who comes to equity must come with clean hands...


I won't use Sanusi as a precedent, try to reconcile this with GEJ and Ayo salami

If you are truly a lawyer, what does the constitution say about the appointment of CJN?
Re: See Why Buhari’s Suspension Of Chief Justice Is Illegal by baralatie(m): 11:51pm On Jan 25, 2019
Cajal:
...he has not been removed... sir
the president announced that the CJN has been suspended it is the suspension itself that the president cannot legally carry out

1 Like

Re: See Why Buhari’s Suspension Of Chief Justice Is Illegal by Jonadull: 11:51pm On Jan 25, 2019
baralatie:

the constitution says that the president can only remove the CJN by the following means

a, by recommendation of the National Judicial Council

b, 2/3 majority vote of the senate

c, due to I'll health or unfit healthwise to continue to discharge his duties

d, when he/she clocks the retirement age of 70
So?
Did the president remove the CJN?
Do you need a dictionary to know the difference between remove and suspend?
Re: See Why Buhari’s Suspension Of Chief Justice Is Illegal by sotall(m): 11:52pm On Jan 25, 2019
Jonathan:

As expected.
No coherence
Yes, that was how dumb the question you asked him was.
No coherence

3 Likes

Re: See Why Buhari’s Suspension Of Chief Justice Is Illegal by baralatie(m): 11:54pm On Jan 25, 2019
Jonathan:

So?
Did the president remove the CJN?
Do you need a dictionary to know the difference between remove and suspend?
the president does not have any legal instrument whatsoever to even suspend the CJN at all?

2 Likes

Re: See Why Buhari’s Suspension Of Chief Justice Is Illegal by sotall(m): 11:54pm On Jan 25, 2019
erosimo:


If you are truly a lawyer, what does the constitution say about the appointment of CJN?

The CJN is the head of the judiciary.
He is never appointed
Re: See Why Buhari’s Suspension Of Chief Justice Is Illegal by Jonadull: 11:55pm On Jan 25, 2019
sotall:

Yes, that was how dumb the question you asked him was.
No coherence

Wail on .
You never see chom chin
www.nairaland.com/attachments/8591957_04ebc014b33b49c1b9ff1295691b09d2_jpeg_jpegf264f7fef87cdf530fafa053bb544a88
Re: See Why Buhari’s Suspension Of Chief Justice Is Illegal by Jonadull: 11:57pm On Jan 25, 2019
baralatie:

the president does not have any legal instrument whatsoever to even suspend the CJN at all?
The go ahead and Prove it .
Mugun . You think the presidency didn’t know what they can do and what they cannnot do before suspending the corrupt cjn ?
Please remind me what profession the Vice President is a professor of .
This one no know anything
Re: See Why Buhari’s Suspension Of Chief Justice Is Illegal by nwadiuko1(m): 11:59pm On Jan 25, 2019
Cajal:
...is removal synonymous with suspension..!!!
Get ur fact clear...
suspension and removal both achieves the same aim of preventing the CJN from carrying out his duties...... but then does our constitution make provision for "suspension"?
Re: See Why Buhari’s Suspension Of Chief Justice Is Illegal by iHart(m): 12:02am On Jan 26, 2019
I am enjoying the discuss here grin
Re: See Why Buhari’s Suspension Of Chief Justice Is Illegal by yanabasee(m): 12:04am On Jan 26, 2019
Vrengkat:




Section 1 of the Constitution does not say any word not recognized by the Constitution is null and void, it say if any law is inconsistent... Suspension is not found in the Constitution, so I get why you want to equate it to removal, but it's not up to you...it is for the court to use its discretion to decide... But i assure you, if a court is faced with this, he will not rely on that section...

Do you know there is a section for the removal of a senator, but none for the suspension of a senator, but do you know senator Ali Ndume was suspended?


Oga, we have a standing rule of the Nigerian Senate..... The rule covers conducts and appropriate punishment for any lawmaker.... Very different from the constitution.... The presidency doesn't.... The presidency follows the country's constitutional order.....

The constitution says remove, while the dullard used the word "suspend"... Just to reinstate him after rigging election in his favor!!!
Re: See Why Buhari’s Suspension Of Chief Justice Is Illegal by Vrengkat(m): 12:08am On Jan 26, 2019
baralatie:

the bolded speaks volumes.the question is where did the president get executive powers not covered in the constitution to suspend the CJN come from?
does it not make the action illegal


Maybe you don't know the law, but let a lawyer guide you... The interpretation Act gives the president the power to suspend the CJN


Check section 11 of the Interpretation Act... When you read it say hi, cause you people blow too much trumpets on issues you know nothing about... Just cause you hate Buhari is not an excuse to be irrational
Re: See Why Buhari’s Suspension Of Chief Justice Is Illegal by Vrengkat(m): 12:11am On Jan 26, 2019
yanabasee:



Oga, we have a standing rule of the Nigerian Senate..... The rule covers conducts and appropriate punishment for any lawmaker.... Very different from the constitution.... The presidency doesn't.... The presidency follows the country's constitutional order.....

The constitution says remove, while the dullard used the word "suspend"... Just to reinstate him after rigging election in his favor!!!


Section 11 of the Interpretation Act gives the president the power to suspend the CJN
Re: See Why Buhari’s Suspension Of Chief Justice Is Illegal by Vrengkat(m): 12:12am On Jan 26, 2019
erosimo:


If you are truly a lawyer, what does the constitution say about the appointment of CJN?


Section 11 of the Interpretation Act gives the president the power to suspend the CJN
Re: See Why Buhari’s Suspension Of Chief Justice Is Illegal by boldaslion: 12:19am On Jan 26, 2019
Vrengkat:
First of all, the word removal is not synonymous to suspension, unless there is precedent for this, buhari has not gone contrary to law, it is left for the court to use the mischief rule to adjudicate this matter... The word removal is not defined
.

Secondly, Walter for fear that the NJC would suspend him, adjourned the NJC seating indefinitely... That just reaffirms his guilt.


Thirdly, why are you putting out your neck for someone you are sure is guilty, do you know how many supreme Court cases has suffered due to this struggle, today was suppose to be the hearing of the APC portharcourt case, but nothing... Cause of one man


The fight against corruption in Nigeria is a hard one, I commend Buhari for this, I am a lawyer, part of the judiciary, I do not see this as an attack on the judiciary, but a cleansing, after all, he who comes to equity must come with clean hands...


I won't use Sanusi as a precedent, try to reconcile this with GEJ and Ayo salami

Did you just say that you are a lawyer? I'm ashamed of you if truly you are a lawyer. You must be one of those hausaFulani lawyers that always got southern mercenaries to write exams for them.

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