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Suspension Of Onnogen Is Constitutional. See What The Constitution Says. - Politics (2) - Nairaland

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Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by clefstone(m): 8:20am On Jan 26, 2019
lewis33:
U should be the OKPA here, didn't you see the order from the CCT, YEYE DEY OOZE

It is an illegal order alien to the laws of the land. Nigga hasn't been found guilty of any crime. We saw Ganduje with our koro koro eyes in multiple videos stuffing wads of dollars into his babariga, yet Buhari the hypocrite-in-chief smiled on national tv raising doubt as to the validity of the tapes and even making subtle jokes about it. I hate hypocrisy more than anything in this world. If you r a Christian, you should know that Jesus hated hypocrisy and always always called out hypocrites, especially the Pharisees. Buhari is a bloody Pharisee

2 Likes

Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by Biodun556(m): 8:20am On Jan 26, 2019
clefstone:
Where is the guilty verdict there? The letter clearly states that he should step aside based on an 'allegation'. What the law states is that the CJN should be removed 'if found guilty' of contravention of the CCB law.

Don't worry he will soon be removed it is a gradual process. He is suspended because you can not be a judge in your own case. For example he postponed NJC meeting indefinitely because of fear of being punished. He must step aside to pave way for unbiase investigation.

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Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by Auladimeji(m): 8:21am On Jan 26, 2019
SalamRushdie:
You are forgetting the CJN is equivalent to president in his own rights head of an Arm of Govt just like the president and for such officers the constitution doesnt mince words on how the can be removed ..If the CAT cannot suspend the president then it cannot even imagine to suspend the CJN..accept that Buhari the idiot bastard has bitten more than he can chew
Your mumuism never leave you since 2015?Smh

1 Like

Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by Brio984(m): 8:23am On Jan 26, 2019
omogidi234:



Please let us argue with the provisions of the law. Where is it stated that when he admits guilt, then he is guilty?

That's not the way our laws work If a police officer caught someone killing, he still have to go to court to prove it, he cannot say because he caught him then kill him immediately.

Nobody is arguing that the man has done well but remove him through the right process. What the President has done is like the National Assembly saying based on the order off CCT The President is hereby impeached.
Wat if the man that killed admits that he killed the man. Wat will happen to such person in such situation

1 Like

Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by SalamRushdie: 8:24am On Jan 26, 2019
Auladimeji:
Your mumuism never leave you since 2015?Smh

I agree I was a Mumu when I campaigned and voted for Buhari in 2015
Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by Konquest: 8:38am On Jan 26, 2019
AnambraIstson, I agree that if there is any known
and proven infraction by EFCC against the CCT
boss then he should step down too and if not...
then he should stay.



I remember that PMB submitted an anti-corruption
bill since 2015 to the Senate and it has not been
passed and some say the anti-corruption war is
not strong... Why will it not be when Saraki has
sat on that important bill since 2015!



The next Senate President must be more diligent
for the benefit of Nigeria!

Period.


PS: I thought you're an APGA man, now you
have ported to the Umbrella FC? grin
Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by Konquest: 8:38am On Jan 26, 2019
I agree that if there is any known
and proven infraction by EFCC against the CCT
boss then he should step down too and if not...
then he should stay.


I remember that PMB submitted an anti-corruption
bill since 2015 to the Senate and it has not been
passed and some say the anti-corruption war is
not strong... Why will it not be when Saraki has
sat on that important bill since 2015!


The next Senate President must be more diligent
for the benefit of Nigeria!
Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by socialmediaman: 8:47am On Jan 26, 2019
Biodun556:
23. Powers of the Code of Conduct Tribunal to impose punishment

(1) Where the Tribunal finds a public officer guilty of contravening any of the provisions of this Act, it shall impose upon that officer any of the punishments specified under subsection (2) of this section.

(2) The punishment which the Tribunal may impose shall include any of the following-

(a) vacation of office or any elective or nominated office, as the case may be;

(b) disqualification from holding any public office (whether elective or not) for a period not exceeding ten years; and

(c) seizure and forfeiture to the State of any property acquired in abuse or corruption of office.

(3) The punishments mentioned in subsection (2) of this section shall be without prejudice to the penalties that may be imposed by any law where the breach of conduct is also a criminal offence under the Criminal Code or any other enactment or law.

(4) Where the Tribunal gives a decision as to whether or not a person is guilty of a contravention of any of the provisions of this Act, an appeal shall lie as of right from such decision or from any punishment imposed on such person to the Court of Appeal at the instance of any party to the proceedings.

(5) Any right of appeal to the Court of Appeal from the decision of the Tribunal conferred by subsection

(4) of this section shall be exercised in accordance with the provisions of the rules of court for the time being in force regulating the powers, practice and procedure of the Court of Appeal.

(6) Nothing in this section shall prejudice the prosecution of a public officer punished under this section, or preclude such officer from being prosecuted or punished for an offence in a court of law.

(7) The provisions of the Constitution of the Federal Republic of Nigeria 1999, relating to prerogative of mercy, shall not apply to any punishment imposed in accordance with the provisions of this section.

24. Rules of procedure and institution of proceedings

(1) The rules of procedure to be adopted in any prosecution for the offences under this Act before the Tribunal, and the forms to be used in such prosecutions shall be as set out in the Third Schedule to this Act.

(2) Prosecutions for all offences referred to in this Act shall be instituted in the name of the Federal Republic of Nigeria by the Attorney-General of the Federation or such officers in the Federal Ministry of Justice as the Attorney-General of the Federation may authorise so to do.

(3) For the purpose of subsection (2) of this section, the Attorney-General of the Federation may-

(a) after consultation with the Attorney-General of any State in the Federation, authorise any officer of the Ministry of Justice of the State concerned to undertake any such prosecutions directly or assist therein; or

(b) if the Tribunal so requests, or if contingencies so dictate, authorise any other legal practitioner in Nigeria to undertake any such prosecution or assist therein:

Provided that the question whether any authority has been given in pursuance of this subsection shall not be inquired into by any person.

(4) Any person accused of any offence referred to in this Act shall be entitled to defend himself in person or by a person of his own choice who is a legal practitioner resident in Nigeria.

Does the CCT act supersede the parts of the Constitution that state that you cannot try a public officer who has immunity? Does the CCT act supersede the part of the constitution which states that NJC cannot be removed unless recommended by NJC or a vote by 2/3 majority? Before you answer, remember there’s a certain man called Gandollar Ganduje in Kano state who could be picked up and tried by the CCT since he’s a public officer
Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by omogidi234(m): 8:47am On Jan 26, 2019
Tetehjewels:


Read the very words of the CJN himself which I posted above when he gave absolute powers to the CCT when it comes to false assets declaration.

Those absolute powers have been given to the CCT by our constitution when it comes to issues directly under their jurisdiction.

Read the above


Dear friend, this is my major and by the grace of God, I have done this for a living for almost 2 decades.

Let us get some things clear.

1. The CCT has exclusive and original jurisdiction to try him.

2. When he has been tried and found GUILTY, then the CCT can recommend or Order his removal.

3. Some lawyers have gone to CCT to say that look, before you try the CJN, it must be on the recommendation of the NJC .

4. The AG says he must arraign him first but those lawyers are saying No, we need to address the issues in no 3 above. As a result of CCT has not arraigned him.

5. By having not arraigned him, the CCT does not have power to make any Order against him. Sub section 1 of section 23 says, you must have tried him and found him guilty, then you can recommend his removal but he has not been tried or found guilty.

6. The same lawyers ran to Court of Appeal and the CA which is higher than the CCT in Judicial hierarchy says, CCT hold on for now.

7. If the President is aware of the CCT Order how come he is not aware of the Order of a higher court-CA?

8. The Motion pursuant to which the CCT gave an Order was brought EX Parte. Please google the word EX Parte. It means one party coming to court to ask for an Order without informing the other party. How can you ask a Court to give an Order to suspend a man and not put him on Notice?

9. As much as I believe that the man has skeletons in his cupboard, the way the executive has gone about it smacks off a sinister motive.
Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by omogidi234(m): 8:57am On Jan 26, 2019
Brio984:
Wat if the man that killed admits that he killed the man. Wat will happen to such person in such situation

What the law says is that you must prove beyond reasonable doubt. Admission of killing is not conviction and sentence. The admission must be inside the dock, the court must then convict and sentence.

You can't just convict a man and sentence him in his absence because of one admission. He must be brought to court and charges must be read etc.
Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by Nobody: 9:02am On Jan 26, 2019
omogidi234:



Dear friend, this is my major and by the grace of God, I have done this for a living for almost 2 decades.

Let us get some things clear.

1. The CCT has exclusive and original jurisdiction to try him.

2. When he has been tried and found GUILTY, then the CCT can recommend or Order his removal.

3. Some lawyers have gone to CCT to say that look, before you try the CJN, it must be on the recommendation of the NJC .

4. The AG says he must arraign him first but those lawyers are saying No, we need to address the issues in no 3 above. As a result of CCT has not arraigned him.

5. By having not arraigned him, the CCT does not have power to make any Order against him. Sub section 1 of section 23 says, you must have tried him and found him guilty, then you can recommend his removal but he has not been tried or found guilty.

6. The same lawyers ran to Court of Appeal and the CA which is higher than the CCT in Judicial hierarchy says, CCT hold on for now.

7. If the President is aware of the CCT Order how come he is not aware of the Order of a higher court-CA?

8. The Motion pursuant to which the CCT gave an Order was brought EX Parte. Please google the word EX Parte. It means one party coming to court to ask for an Order without informing the other party. How can you ask a Court to give an Order to suspend a man and not put him on Notice?

9. As much as I believe that the man has skeletons in his cupboard, the way the executive has gone about it smacks off a sinister motive.

Let me ask you a question.

InIn the history of Nigerias democracy, are election tribunals set up before or after elections?

You speak of sinister motives right? Kindly answer the above
Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by Afriifa(m): 9:06am On Jan 26, 2019
clefstone:
Olodo OP. Has the CCT found him guilty?
The mumu doesn't know if dat holds it means even d president can be relieved from his duties by the powers of d CCB upon charges filled against d president.
Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by Nobody: 9:06am On Jan 26, 2019
omogidi234:



Dear friend, this is my major and by the grace of God, I have done this for a living for almost 2 decades.

Let us get some things clear.

1. The CCT has exclusive and original jurisdiction to try him.

2. When he has been tried and found GUILTY, then the CCT can recommend or Order his removal.

3. Some lawyers have gone to CCT to say that look, before you try the CJN, it must be on the recommendation of the NJC .

4. The AG says he must arraign him first but those lawyers are saying No, we need to address the issues in no 3 above. As a result of CCT has not arraigned him.

5. By having not arraigned him, the CCT does not have power to make any Order against him. Sub section 1 of section 23 says, you must have tried him and found him guilty, then you can recommend his removal but he has not been tried or found guilty.

6. The same lawyers ran to Court of Appeal and the CA which is higher than the CCT in Judicial hierarchy says, CCT hold on for now.

7. If the President is aware of the CCT Order how come he is not aware of the Order of a higher court-CA?

8. The Motion pursuant to which the CCT gave an Order was brought EX Parte. Please google the word EX Parte. It means one party coming to court to ask for an Order without informing the other party. How can you ask a Court to give an Order to suspend a man and not put him on Notice?

9. As much as I believe that the man has skeletons in his cupboard, the way the executive has gone about it smacks off a sinister motive.

Let me ask you a question.

In the history of Nigerias democracy, are election tribunals set up before or after elections?

You speak of sinister motives right? Kindly answer the above

1 Like

Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by omogidi234(m): 9:28am On Jan 26, 2019
Tetehjewels:


Let me ask you a question.

In the history of Nigerias democracy, are election tribunals set up before or after elections?

You speak of sinister motives right? Kindly answer the above


With all the points above, you saw only the 'sinister' .

That composition of the Election Tribunal is actually his original sin before his other sins were brought out.

To answer your question. No CJN has ever composed an Election Tribunal after Elections. Section 133 of the Electoral Act 2010 as amended says not later than 14 days before election and the registry must be opened not later than 7 days before election.

The truth is my handy copy of that law is in the office, I had to quickly reach out to Google for a soft copy which means you can access it too.
Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by Biodun556(m): 9:29am On Jan 26, 2019
socialmediaman:


Does the CCT act supersede the parts of the Constitution that state that you cannot try a public officer who has immunity? Does the CCT act supersede the part of the constitution which states that NJC cannot be removed unless recommended by NJC or a vote by 2/3 majority? Before you answer, remember there’s a certain man called Gandollar Ganduje in Kano state who could be picked up and tried by the CCT since he’s a public officer


Cjn has no immunity. Ganduje cannot be prosecuted because he has immunity unless impeached and court has stopped the kano house of assembly from probing him.

Only the executive has immunity lawmakers and judges have no immunity.

1 Like

Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by adekolaelect(m): 9:30am On Jan 26, 2019
omogidi234:


Please read that bold part. The CCT must have found the person guilty. In this case, they have not even commenced the trial. The man has not been arraigned, there are still couples of application here and there.
but you forget to know he declared himself
he forgot to do so when he was quarried .to me he would have not say so Buhari would have no where to act and the corrupted judge would still maintain his post as cjn.

1 Like

Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by socialmediaman: 9:39am On Jan 26, 2019
Biodun556:



Cjn has no immunity. Ganduje cannot be prosecuted because he has immunity unless impeached and court has stopped the kano house of assembly from probing him.

Only the executive has immunity lawmakers and judges have no immunity.

So If court has stopped the Kano house from probing Gandollar, did you also not read that the Appeal court stopped the CCT from proceeding with CJN’s trial?

https://www.premiumtimesng.com/news/headlines/307638-breaking-appeal-court-stops-cct-from-proceeding-with-onnoghens-trial.html
Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by Biodun556(m): 9:53am On Jan 26, 2019
SalamRushdie:
You are forgetting the CJN is equivalent to president in his own rights head of an Arm of Govt just like the president and for such officers the constitution doesnt mince words on how the can be removed ..If the CCT cannot suspend the president then it cannot even imagine to suspend the CJN..accept that Buhari the idiot bastard has bitten more than he can chew

The president has immunity and the CJN doesn't.

And as a matter of fact. The CCB has the power to punish all public office holders including the president if found guilty.

1 Like

Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by omogidi234(m): 9:54am On Jan 26, 2019
adekolaelect:
but you forget to know he declared himself
he forgot to do so when he was quarried .to me he would have not say so Buhari would have no where to act and the corrupted judge would still maintain his post as cjn.


I have answered this several times today. This time please permit me to use medical terms, medical experts please assist where there is need. Many thanks.

If you want to do standard surgical procedure, you need at least 1. A Surgeon depending on which type of surgery. 2. You need an Anatomist to point out to you the accurate place to cut and sow etc. 3. You need an Anaesthetician to administer the anaesthetic.

But what you found here in Nigeria most times is that a Surgeon or Senior Reg or other Doctor carries out all those three functions. Sometimes it leads to catastrophe, but you know medical experts would tell you ...the procedure was successful but we lost the patient...

That is exactly what the President has done. He cannot Sack ( including suspension) the CJN without the Input of the NJC and the Senate, the former though difficult.
Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by skyman200(m): 9:59am On Jan 26, 2019
why will executive power intrude in the independent power of the judiciary that has power on its own? buhari has no right to intrude, this nonentity.is left alone by judicial service commission, the president should be impeached immediately if not nigerians should start preparing for the worst which will come from this tribalistc dictator in chief.
Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by Brio984(m): 10:05am On Jan 26, 2019
omogidi234:


What the law says is that you must prove beyond reasonable doubt. Admission of killing is not conviction and sentence. The admission must be inside the dock, the court must then convict and sentence.

You can't just convict a man and sentence him in his absence because of one admission. He must be brought to court and charges must be read etc.
well said sir. why can't they do s same to CJN.. from Wat u said CJN should be brought b4 d court
.
Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by omogidi234(m): 10:11am On Jan 26, 2019
Brio984:
well said sir. why can't they do s same to CJN.. from Wat u said CJN should be brought b4 d court
.

Thumbs up.

You know some lawyers have a way of frustrating process. What his lawyers have done is to ensure that he is not arraigned and that angered the powers that be, that is why they resorted to this...

And if you ask his lawyers, they will tell you they are doing that within the ambit of the law.
Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by Brio984(m): 10:17am On Jan 26, 2019
omogidi234:


Thumbs up.

You know some lawyers have a way of frustrating process. What his lawyers have done is to ensure that he is not arraigned and that angered the powers that be, that is why they resorted to this...

And if you ask his lawyers, they will tell you they are doing that within the ambit of the law.
thanks alot 4 the info it seems d law is two sided.. well we need d senate now to reverse Wat buhari has done.. I pray CJN should pay 4 his crime.. I know buhari is not fighting corruption he is only fighting 4 2nd term if he were to be fighting corruption Abdullahi Ganduje should be in jail now
Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by omogidi234(m): 10:26am On Jan 26, 2019
Brio984:
thanks alot 4 the info it seems d law is two sided.. well we need d senate now to reverse Wat buhari has done.. I pray CJN should pay 4 his crime.. I know buhari is not fighting corruption he is only fighting 4 2nd term if he were to be fighting corruption Abdullahi Ganduje should be in jail now
.


No doubt that the man may be found guilty if allowed to go through the CCT because one needs to ask him how much is his salary that he has all those he is being accused of.

But the right thing is for government to ensure he is brought before the CCT through all legal fireworks and not this mumbo jumbo.

I know the NBA & the Senate would take steps to reverse the purported sack.
Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by Biodun556(m): 10:29am On Jan 26, 2019
omogidi234:
.


No doubt that the man may be found guilty if allowed to go through the CCT because one needs to ask him how much is his salary that he has all those he is being accused of.

But the right thing is for government to ensure he is brought before the CCT through all legal fireworks and not this mumbo jumbo.

I know the NBA & the Senate would take steps to reverse the purported sack.

1 Like

Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by Brio984(m): 10:31am On Jan 26, 2019
omogidi234:
.


No doubt that the man may be found guilty if allowed to go through the CCT because one needs to ask him how much is his salary that he has all those he is being accused of.

But the right thing is for government to ensure he is brought before the CCT through all legal fireworks and not this mumbo jumbo.

I know the NBA & the Senate would take steps to reverse the purported sack.
he couldn't wait feb16 is not far he had to go rogue as always.. sir I must commend u.. u er a wise man

1 Like

Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by omogidi234(m): 10:35am On Jan 26, 2019
Biodun556:





I have argued this earlier. Interpretation Act is only applicable where there is ambiguity in law.

The Constitution of the Federal Republic of Nigeria is the number one law where all laws derive thier powers and it is clear on the removal of the CJN. We do not need to resort to the Interpretation Act.

There is no need to distinguish between Removal and Suspension.

They are both acts to remove him from the office either temporarily or permanently.
Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by Konquest: 9:02pm On Jan 26, 2019
Brio984:
thanks alot 4 the info it seems d law is two sided.. well we need d senate now to reverse Wat buhari has done.. I pray CJN should pay 4 his crime.. I know buhari is not fighting corruption he is only fighting 4 2nd term if he were to be fighting corruption Abdullahi Ganduje should be in jail now

Ganduje cannot be in jail now because he has
immunity like all Governors and the President
and the VP!

Ganduje has not been proven guilty yet based
on a video that could have been doctored.
Re: Suspension Of Onnogen Is Constitutional. See What The Constitution Says. by Almaiga: 9:03pm On Jan 26, 2019
Yeebos right now. grin

1 Like

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