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9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com - Politics - Nairaland

Nairaland Forum / Nairaland / General / Politics / 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com (43167 Views)

The Cjn’s Removal: The Lamps Are Going Out All Over Nigeria- Opinion / What The Law stipulates On The Removal Of the CJN by PoliticsNGR.com / Onnoghen: If I’m The CJN, I Will Resign - El-rufai (2) (3) (4)

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9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by verifielive: 7:15pm On Jan 26, 2019
@POLITICSNGR

Below is an article written by Audu Bulama Bukarti on the recent suspension of the Chief Justice of Nigeria, Walter Onnoghen, made available to PoliticsNGR. Read Below;

"Given the supersonic speed at which the CCB & CCT are moving and the uncharacteristic enthusiasm of the FG to comply with judicial orders, I am suspicious of the motive behind the prosecution of the CJN.

I am also concerned with the time of the whole thing. But this is just a marginal note; a statement by the way side. I will keep it for another day.

Now, turning to the topic at hand, I do not see anything wrong or illegal with the suspension of the CJN and swearing-in yesterday of Hon. Justice Ibrahim Tanko. The action of PMB is constitutional. Nay, he had a duty to act in the way he did. Here are my seven reasons:

1. PMB did not act on his own motion. He acted on an Order of the CCT.

2. The CCT has an inherent power under Section 6 of the Constitution to issue any order that will promote the Rule of Law and ensure the smooth conduct of its proceedings. I believe this order does both. See point 7 below.

3. Some lawyers have argued that CCT’s Order is illegal or even unconstitutional. But this is not PMB’s business. He can’t question the legality of a judicial decision as doing so will tantamount to the president sitting on appeal on the Judgement of a Court.

4. Under our constitutional system, PMB has no option than to obey the said Order. That is why we have been urging him to obey the Orders on Dasuki and Zakzaky. I repeat the same call here toady;

5. The provisions of Section 292 cited by the NBA and others do not apply to this matter as the CJN was not “removed”. He was “suspended” pursuant to a valid and subsisting Order. The removal envisaged by and under Section 292 of the Constitution means “the dismissal of someone from a job” while suspension as in the present case means “[to] temporarily prevent from continuing or being in force or effect.”

6. The CJN is the head of the all Nigerian courts and Judiciary as well as the Chairman of the National Judicial Council which, under his Chairmanship, exercises supervisory and disciplinary role on all judges and judicial officer in Nigeria. This means any decision reached by CCT may likely go on appeal up to the Supreme Court where the CJN is at the helm of affairs.

7. It is against the rule of Natural Justice for Justice Onneghen to remain the CJN and Chairman NJC while facing trial under the same judges whose promotions, disciplinary and other related matters are under him;

8. I believe this action will facilitate quick dispensation of justice in this matter. Before the Order, the “generous SANs” representing the “poor” CJN had started taking steps that are clearly intended to frustrate his trial. They had started raising frivolous issues and making empty applications because they knew that their client had an upper hand. Now that he has been suspended, the defense counsel will be serious to prosecute the matter to its conclusion so that their client might be reinstated as quickly as possible if he is not found guilty.

9. Assuming, without conceding, that there are any anomalies in the procedure adopted. I would rather forgo any such anomalies for the crushingly disappointing alleged acts of the person who is suppose to hold those who violate our laws to account. I feel we must get the bottom of the allegations against the CJN whatever and punish him if he is guilty."

https://politicsngr.com/9-reasons-suspension-cjn-constitutional/

109 Likes 23 Shares

Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by helinues: 7:16pm On Jan 26, 2019
' Suspended ' : Little word but big in our current constitutions as it is already missing .

35 Likes 4 Shares

Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by eyeview: 7:20pm On Jan 26, 2019
Hitler killed millions of people and yet there were people who still justified the ignoble actions.
So am not surprised that justifications are coming for these brazen illegality

180 Likes 13 Shares

Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by koboko69: 7:21pm On Jan 26, 2019
Check out this threads

See Hypocrisy of Reno, how he supported suspension of CBN governor. He con dey cry now cheesy

https://www.nairaland.com/4984756/hypocrisy-see-reno-omokri-support

See this one again.
How PDP thought APC the supension politics.

https://www.nairaland.com/4984812/constitution-removal-how-pdp-thought

Lalasticlala

24 Likes 5 Shares

Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by koboko69: 7:22pm On Jan 26, 2019
helinues:
' Suspended ' : Little word but big in our current constitutions as it is already missing .

I did a thread about this.
But lalasticlala nor send me

Na the same technicalities Jonathan take suspend CBN governor.

https://www.nairaland.com/4984812/constitution-removal-how-pdp-thought

35 Likes 7 Shares

Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by Babiboy: 7:24pm On Jan 26, 2019
Buhari suspend CJN but did not remove him
But pigs can't understand this

52 Likes 5 Shares

Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by philips007(m): 7:24pm On Jan 26, 2019
This whole story will last just one week and we will all forget about it and probably start to talk about something else like the incoming election or the BBNaija. The worst part of it is that, no matter how worried you may become about it or whatsoever you think you can do, it will still not change anything.



Just eat good,
Do exercise,
Dress good,
Be honest,
If you can't get a good job, raise a little fund and start up a food stuff business,
Serve your God diligently,
Take care of your immediate family,
Develop a good self esteem & the sky will be your limit! Do have a wonderful evening....

92 Likes 7 Shares

Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by Newznow: 7:24pm On Jan 26, 2019
Chai!!! I pity for this country.

5 Likes 2 Shares

Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by Binikingdowm: 7:24pm On Jan 26, 2019
Shut up

I'll delete my nairaland account and will never defend southern Nigeria if these things don't happen.

1) the former cjn is put
2)if buhari failed to do so, they should impeach him.

3) Nigeria should break up if all these fail.

9 Likes 3 Shares

Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by Enuose242(m): 7:25pm On Jan 26, 2019
You are contradicting your self with what you wrote going front and going back and the Same time

8 Likes

Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by hammerFC: 7:25pm On Jan 26, 2019
Buhari end game.



Nigeria will never be a muslim country.



thunder fire buhari, Insha'Allah amin




thunder fire buhari, Insha'Allah amin




thunder scatter aisha, masha Allah ami

13 Likes 3 Shares

Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by deboysben(m): 7:25pm On Jan 26, 2019
It's only zombies that doesn't know the nemesis they are pushing till it starts knocking them.

The time they realize it will be too late.
Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by ValCon888: 7:25pm On Jan 26, 2019
Your first point is baseless and pointless. An ex-parte order that was issued without any application from either party.

Secondly, let me disabuse the minds of many people who say Goodluck did it to Sanusi. Get this in your head; The Central Bank Governor is under the executive arm of government. The Central Bank regulates financial institutions and executes policies to that effect. The Central Bank Governor is also a political office holder who serves at the pleasure of his president.

The CJN on the other hand is the head of an entirely different arm of government. He is not a political office holder but a judicial officer. Under the principle of separation of powers, he does not serve at the pleasure of the president and as such cannot be suspended by said president.

He can only be removed and the constitution has laid down steps and procedures for his removal. The purported suspension is not only illegal, it is also dangerous for our democracy as this can lead to anarchy in the future where presidents and governors 'suspend' their CJs for not carrying out their bidding.

*Modified*
For the zombies quoting me; Justice Ayo Salami was suspended by the NJC on the 11th of August 2011. I detest being quoted by mindless fools who fail to understand the integrity of their country is in jeopardy.

56 Likes 14 Shares

Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by OmoManU: 7:25pm On Jan 26, 2019
Good.

We thought the wailers were making mouth yesterday that they will hit the streets with massive protests today. So it's for only social media that noise reach.
Muda4kaz

20 Likes 2 Shares

Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by theoldpretender(m): 7:26pm On Jan 26, 2019
eyeview:
Hitler killed millions of people and yet there were people who still justified the ignoble actions.
So am not surprised that justifications are coming for these brazen illegality

Indeed....but what the CJN did was not right too.

14 Likes

Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by orion7: 7:26pm On Jan 26, 2019
eyeview:
Hitler killed millions of people and yet there were people who still justified the ignoble actions.
So am not surprised that justifications are coming for these brazen illegality
you just said ud it all

4 Likes

Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by bedspread: 7:26pm On Jan 26, 2019
Imagine what a human with Brain says..





[img]https://media1./images/182abd956ccbe865425e14a152cea455/tenor.gif[/img]

13 Likes 1 Share

Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by naijapips04: 7:26pm On Jan 26, 2019
Hello Sir,

can you point to the CCT order compelling Buhari to suspend the CJN ? before thunder fire you .

8 Likes

Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by nameo: 7:26pm On Jan 26, 2019
Complete rubbish

This is not a legal argument but a political one.

2 Likes 1 Share

Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by SEONaijaExpert: 7:29pm On Jan 26, 2019
At the end of NUJ meeting

Senate hearing

And everything... Nothing can reverse this suspension.


I made it clear that President Buhari followed due process and corrupt persons were saying otherwise.


Supporting the former CJN is supporting corruption

35 Likes 3 Shares

Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by Jonadull: 7:29pm On Jan 26, 2019
Salamrushdie aka farahaideed.
How market

4 Likes 1 Share

Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by Nobody: 7:29pm On Jan 26, 2019
angry grin
Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by ArmaniUhuru: 7:29pm On Jan 26, 2019
Buhari is our own Idi-Amin, but we will survive him.


#TyrantBuhari

2 Likes 2 Shares

Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by three: 7:29pm On Jan 26, 2019
.


When you need 9 reasons to explain something that requires only one, then there's a problem


.


verifielive:
@POLITICSNGR

Below is an article written by Audu Bulama Bukarti on the recent suspension of the Chief Justice of Nigeria, Walter Onnoghen, made available to PoliticsNGR. Read Below;


1. PMB did not act on his own motion. He acted on an Order of the CCT.

Answer: The CCT can ONLY try a Judicial Officer via referral from the National Judicial Council.

2. The CCT has an inherent power under Section 6 of the Constitution to issue any order that will promote the Rule of Law and ensure the smooth conduct of its proceedings. I believe this order does both. See point 7 below.

Answer: The CCT can ONLY try a Judicial Officer via referral from the National Judicial Council.

3. Some lawyers have argued that CCT’s Order is illegal or even unconstitutional. But this is not PMB’s business. He can’t question the legality of a judicial decision as doing so will tantamount to the president sitting on appeal on the Judgement of a Court.

Answer: It is his business because he is usurping the Constitution by his action. The CCT can ONLY try a Judicial Officer via referral from the National Judicial Council.


4. Under our constitutional system, PMB has no option than to obey the said Order. That is why we have been urging him to obey the Orders on Dasuki and Zakzaky. I repeat the same call here toady;

Answer: When they impeach him or he is forced to resign then you will realise that he had other options

5. The provisions of Section 292 cited by the NBA and others do not apply to this matter as the CJN was not “removed”. He was “suspended” pursuant to a valid and subsisting Order. The removal envisaged by and under Section 292 of the Constitution means “the dismissal of someone from a job” while suspension as in the present case means “[to] temporarily prevent from continuing or being in force or effect.”

Answer: A CHIEF JUSTICE OF THE FEDERATION Cannot be SUSPENDED. The drafters of the Constitution working on the principle of separation of powers understand that suspension is an anomaly as the integrity of the office is on one hand compromised and on the other subject to whims of the executive.


6. The CJN is the head of the all Nigerian courts and Judiciary as well as the Chairman of the National Judicial Council which, under his Chairmanship, exercises supervisory and disciplinary role on all judges and judicial officer in Nigeria. This means any decision reached by CCT may likely go on appeal up to the Supreme Court where the CJN is at the helm of affairs.

Answer: Is this supposed to be an excuse. Do you know what recusal means?

7. It is against the rule of Natural Justice for Justice Onneghen to remain the CJN and Chairman NJC while facing trial under the same judges whose promotions, disciplinary and other related matters are under him;

Answer: Please reread this and confirm that it is devoid of sense


8. I believe this action will facilitate quick dispensation of justice in this matter. Before the Order, the “generous SANs” representing the “poor” CJN had started taking steps that are clearly intended to frustrate his trial. They had started raising frivolous issues and making empty applications because they knew that their client had an upper hand. Now that he has been suspended, the defense counsel will be serious to prosecute the matter to its conclusion so that their client might be reinstated as quickly as possible if he is not found guilty.

Answer: The Constitution is the rule book by which we play. The executive CANNOT be judge and jury in a tripartite democracy

9. Assuming, without conceding, that there are any anomalies in the procedure adopted. I would rather forgo any such anomalies for the crushingly disappointing alleged acts of the person who is suppose to hold those who violate our laws to account. I feel we must get the bottom of the allegations against the CJN whatever and punish him if he is guilty."

Answer: The Constitution of the Federal Republic of Nigeria trumps personal opinion or feeling EVERY TIME

https://politicsngr.com/9-reasons-suspension-cjn-constitutional/

29 Likes 4 Shares

Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by Sportwin(m): 7:29pm On Jan 26, 2019
Una never see anything


Nothing go happen
Nigeria na all talk no action if na

Countries like Libya, Syria
Buhari
Even Algeria
Or eygpt
Buhari for Don hear am
exco90:
the Hitler of our time.. we told them history has a way of repeating itself... but they refused to listen
No deh compare am with Hitler
Do u even know what Hitler did
This one can never come close to what Hitler achieved

7 Likes 1 Share

Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by Seetto: 7:29pm On Jan 26, 2019
Pmb has done the right thing.........no one cares because corruption is everywhere....

17 Likes 2 Shares

Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by Babiboy: 7:29pm On Jan 26, 2019
cheesy
Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by exco90(m): 7:29pm On Jan 26, 2019
the Hitler of our time.. we told them history has a way of repeating itself... but they refused to listen

1 Like

Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by Lanre4uonly(m): 7:30pm On Jan 26, 2019
It is well.
Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by Nobody: 7:30pm On Jan 26, 2019
what a kangaroo defence, your MCM suddenly obeys court injunctions.

2 Likes

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