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9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com - Politics (5) - Nairaland

Nairaland Forum / Nairaland / General / Politics / 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com (43169 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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Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by somziency: 9:08pm On Jan 26, 2019
Obviously the CCT judge is being used. If true he gave the exparte order, then politics is being played and not technicalities of Law. How can you adjourn a case so you can determine jurisdiction and also go ahead to give a suspension order on a party on the same case.
Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by somziency: 9:10pm On Jan 26, 2019
ValCon888:


Justice Ayo Salami was suspended by the NJC on the 11th of August 2011. I detest illiterates quoting me.

On point. Not GEJ but NJC.
Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by ValCon888: 9:12pm On Jan 26, 2019
sparko1:


Did you read it at all, read it again, they said suspend, not remove, it's only in Nigeria civil servant will be investigated and remain in office, most developed countries, they resign on go on compulsory leave.

What exactly are you saying, he is the Head of the entire arm of government, are you drunk? He is the Head of all legislation arm, and at such, no court order is capable of suspending him except the president steps in.

I know it is very hard, but please try and have some sense. I never mentioned whether the suspended CJN is guilty of the allegations or not. All i said is is his suspension is illegal and unknown under our constitution.
Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by somziency: 9:16pm On Jan 26, 2019
ABSTRUSE:


If I may add, the President does not need a court order to suspend the CJN. No law says he needs such.

What does he need and where are you quoting from?

Suspension is no where and so he has no such right.
Judges interprete and don't make laws. If not that the cct judge is being used, and if he truly gave that order, on which law does he draw that inference from?
Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by Biodun556(m): 9:17pm On Jan 26, 2019
naijapips04:


so where in that order does it say that "Buhari/President should SUSPEND THE CJN'?

The CCT ordered the CJN Onnoghen to step aside and told the president to appoint acting CJN

Executive is meant to execute the law and court judgment.
Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by eki2000(m): 9:18pm On Jan 26, 2019
Since the Constitution doesn't provide the rules for Suspension of a chief judge, then Buhari should not have done such. Because right now he has no powers to suspend chief judge but only the powers to remove, and this must follow a laid down process.
Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by Bimpe29: 9:19pm On Jan 26, 2019
Rule of law is being raped in the broad daylight. Buhari has reduced Nigeria to banana republic.
Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by jkbee(m): 9:22pm On Jan 26, 2019
philips007:
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....
God bless you... Exactly my view... Good not to be worried Nevertheless speaking up against tyranny is never a bad idea... it will be in record.
Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by somziency: 9:26pm On Jan 26, 2019
sparko1:


Did you read it at all, read it again, they said suspend, not remove, it's only in Nigeria civil servant will be investigated and remain in office, most developed countries, they resign on go on compulsory leave.

What exactly are you saying, he is the Head of the entire arm of government, are you drunk? He is the Head of all legislation arm, and at such, no court order is capable of suspending him except the president steps in.

Small thing they will start abusing. Puncture his argument with facts. Why didn't he suspend saraki then? Why did he take the matter to cct initially? Why didn't he allow justice to run its full course. We are all contributing to this mess and posterity will judge all of us for it. The constitution is what separates democracy from military rule. Any deviation from its use is illegality no matter whose ox is gourd.
Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by somziency: 9:33pm On Jan 26, 2019
Biodun556:


The CCT ordered the CJN Onnoghen to step aside and told the president to appoint acting CJN

Executive is meant to execute the law and court judgment.

If the president have started obeying court orders he should not be partial but obey all. Sambo, zakzaky, adeyanju etc.

The cct has no such right, the president cannot appoint CJN.

The procedure is NJC recommends, President forwards to Senate, Senate approves.

Same way there is procedure for REMOVAL (not suspension).
Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by Ellie01: 9:35pm On Jan 26, 2019
SEONaijaExpert:
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



SO, I SUPPOSE U PREFER THE EXERCISE OF ILLIGALITY AND CORRUPTION BY BUHARI TO UNDO AN INFRACTION OF THE CCB BY THE CJN WHEN THE CONSTITUTION ALREADY PROVIDES A WAY AND MANNER TO DO SAME?
Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by bilulu(m): 9:39pm On Jan 26, 2019
SEONaijaExpert:
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
why haven't Danladi Umar resign also because he's facing corruption trial
Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by koboko69: 9:50pm On Jan 26, 2019
Wallade:


What is not in the constitution can not be inferred to suit Mr President. Don't give me gist about technicalities that don't exist. Do you think we are babies?

Oya go sleep. Lol

As u nor wan learn
Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by ledaman: 9:50pm On Jan 26, 2019
Those campaigning for Onnughen to come back should match to aso rock bunch of hypocrite!
Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by SEONaijaExpert: 9:53pm On Jan 26, 2019
Ellie01:




SO, I SUPPOSE U PREFER THE EXERCISE OF ILLIGALITY AND CORRUPTION BY BUHARI TO UNDO AN INFRACTION OF THE CCB BY THE CJN WHEN THE CONSTITUTION ALREADY PROVIDES A WAY AND MANNER TO DO SAME?
I really do not see any reason we should be making a fuss about the constitution when the provision stated there was for removal and not suspension.

Due process was followed. The President simply acted on the report and recommendations of the CCT.

I just don't understand why you guys can't simply see the fact that the former CJN was accused of unethical and corrupt practices. I'm baffled you ascribed illegality and corruption to a man that's actually fighting it instead of asking questions like:

What was the former CJN doing with $3million in different foreign accounts?

What were the properties found in his name more than what he declared? I mean, we're talking about 50 more properties here.

Why did he not declare his complete assets?

Those are the questions you should be asking my friend.

2 Likes

Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by ledaman: 9:58pm On Jan 26, 2019
Seetto:
Pmb has done the right thing.........no one cares because corruption is everywhere....
I wonder how people think Bros despite the CJN admitted his gross misconduct !

1 Like

Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by rumelovelace: 9:59pm On Jan 26, 2019
naijapips04:
Hello Sir,

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

Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by SEONaijaExpert: 10:02pm On Jan 26, 2019
bilulu:

why haven't Danladi Umar resign also because he's facing corruption trial
I don't react to hearsay, some guy on Twitter came up with this allegation and my response remain this same. I'd like to see the papers of his indictment.

1 Like

Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by sammhi(m): 10:02pm On Jan 26, 2019
[quote author=Afospecialk post=75143670]

You reason like a mad man bcs if someone as head of judiciary panel is corrupted by his failure to declose his assets should remain untouchable? Why would a head of judiciary panel failed to provide all his assets details if he doesn't have any skeleton in his cupboard. To hell.with d judge and to hell.with you. God bless.Nigeria

You are the mad man here ....
Pm. Has no such powers ....whether the man is corrupt or not ...it is not within his powers to suspend or remove the CJN . Can PMB suspend Ganduje the governor of Kano because he was found to have received bribe? No if he does that everyone would rise against it because PMB has no such powers .
You should know when you don't have power to do things ...
If you found someone screwing your wife and you kill him .. you won't be excused ..you would be charged for murder or manslaughter ...and you would go to jail .why ? Because you have no such powers .simple
Even if a ma kill your dad and you kill the man in return
You would be punished because you don't have the powers...simple
PMB has no power to remove or suspend the CJN.non absolutely...
Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by Inukwa: 10:05pm On Jan 26, 2019
Please can Buhari suspend the senate president? If yes, how? But if no, how could he suspend and appoint the CJN?
Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by bilulu(m): 10:10pm On Jan 26, 2019
SEONaijaExpert:

I don't react to hearsay, some guy on Twitter came up with this allegation and my response remain this same. I'd like to see the papers of his indictment.
was I really expecting anything different? I wasn't disappointed with your response cuz if PMB isn't aware of anything how come his foot soldiers will be aware. The fact is a precedence is being set today. it's neither a PDP or APC affairs but the survival of Nigeria's democracy. we are clapping for lawlessness today for getting that the actor will vacate seat one day. he won't be there forever but Nigeria will remain and the foundation being laid today will determine what will happen tomorrow.
Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by ItsMeAboki(m): 10:10pm On Jan 26, 2019
ValCon888:
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.

Although your attention has been drawn to the legal differences between Removed and Suspended but to no avail.

Did you also know that the same Onnoghen gave a landmark judgement according supremacy to the CCT over decisions pertaining to the present subject matter?

Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by sammhi(m): 10:11pm On Jan 26, 2019
Afospecialk:


You reason like a mad man bcs if someone as head of judiciary panel is corrupted by his failure to declose his assets should remain untouchable? Why would a head of judiciary panel failed to provide all his assets details if he doesn't have any skeleton in his cupboard. To hell.with d judge and to hell.with you. God bless.Nigeria



Pmb till.2023
You are wrong mister ...very wrong
Lemme explain
PMB has no such powers to suspend or remove the CJN...simple ... whether the CJN is corrupt or not does not mean PMB has such powers ....
Can PMB remove or suspend Ganduje the governor of Kano for receiving bribe? No PMB cannot because he has no such powers .period
It will not about ..oh the man is corrupt or not ...it is the law ...
Can you kill a man who killed your dad juat because U have a gun ? If you did you would go to jail period.why ? Because you don't have such powers to kill a man who is a known murderer.....
So learn how law works and stop being sentimental not or emotional
Law has no emotions
One more
When tyranny and oppression is coming on to the land it comes in guise of fighting crime . .
PMB must know his limits....he exceeded his limit
Even. US and UK are against it
The CCT didn't order the president to suspend the CJN
It only says the CJN should step aside ...not indicating how ?
PMB decided to interpret it to mean he should suspend
Not so ...
Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by okofians(m): 10:19pm On Jan 26, 2019
Enuose242:
You are contradicting your self with what you wrote going front and going back and the Same time
Confused wailer
Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by discusant: 10:21pm On Jan 26, 2019
The ICT is not superior to the SUPREME COURT.

Shorrup.
Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by ashcall(m): 10:22pm On Jan 26, 2019
ValCon888:


Justice Ayo Salami was suspended by the NJC on the 11th of August 2011. I detest illiterates quoting me.
sorry literate your Walter is a bye bye
.Suspended by another illiterate and there is nothing you can do about it
Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by Tareq1105: 10:33pm On Jan 26, 2019
ValCon888:
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.

What is left of the integrity already messed up by our multi Billionaire judges?

It was Jonathan that suspended Salami and not NJC. I still have the Punch newspapers reports.
Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by Boyooosa(m): 10:34pm On Jan 26, 2019
ValCon888:
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.
In the case of Justice Ayo Saalmi; he was the President of Courts of Appeal which by hierarchy a lesser office to the Office of the CJN.
CJN heads all courts in nigeria and by the virtue of that can easily recommend or give exparte order for a removal or suspension of any Judge or Justice to that effect. in fact in case of GEJ, Katsina-Alu and Ayo Salami, it was very easy for Katsina-Alu to have given such order (since he was the CJN) as it directly concerns the feud between him and the unfortunate President of Nigerian Courts of Appeal.
GEJ on his own part was also fast enough to execute the order for the best reason known to him.
Fast forward to present day; in this case the CJN is now involved not the President of Court of Appeal (who still have a superior officer ahead of him, the CJN in person) this time around, in assumption that the CJN is guilty of the allegation charged against him, how logical do you think he can be appropriately trialed? Even though, we know that the presidency has his motive for rushing up the case but for justice to prevail considering time frame, how best do you think the CCT can work effectively in this kind of situation?
Moreover, dont you blame the CJN of being faulty to have committed such crime even when he was in the know of the implication?
anyway, to me, i think he should have stepped aside voluntarily since he has conceded the corrupt practice as a function of 'mistake and forgetfulness'.
Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by Hasheem1hash(m): 10:38pm On Jan 26, 2019
Hmmmmm! Power of presidency: Some years back former president Ebele Jonathan suspend the then CBN governor. Opposition's clamored fell on deaf ears! #Pmb using same power of presidency suspend Chief Justice of Nigeria, Walter Onnoghen. Opposition's are Currently in a state of dismay! People called this self-centered act, I called it power of #presidency !
Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by Tareq1105: 10:39pm On Jan 26, 2019
sammhi:

You are wrong mister ...very wrong
Lemme explain
PMB has no such powers to suspend or remove the CJN...simple ... whether the CJN is corrupt or not does not mean PMB has such powers ....
Can PMB remove or suspend Ganduje the governor of Kano for receiving bribe? No PMB cannot because he has no such powers .period
It will not about ..oh the man is corrupt or not ...it is the law ...
Can you kill a man who killed your dad juat because U have a gun ? If you did you would go to jail period.why ? Because you don't have such powers to kill a man who is a known murderer.....
So learn how law works and stop being sentimental not or emotional
Law has no emotions
One more
When tyranny and oppression is coming on to the land it comes in guise of fighting crime . .
PMB must know his limits....he exceeded his limit
Even. US and UK are against it
The CCT didn't order the president to suspend the CJN
It only says the CJN should step aside ...not indicating how ?
PMB decided to interpret it to mean he should suspend
Not so ...

Ganduje has immunity.

What does step aside mean?

If someone is asked to step aside, would such person still be allowed to carry on his official duties?

1 Like

Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by TemmyT002(m): 10:40pm On Jan 26, 2019
That number 7. Hmm
Re: 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com by Tareq1105: 10:46pm On Jan 26, 2019
somziency:


If the president have started obeying court orders he should not be partial but obey all. Sambo, zakzaky, adeyanju etc.

The cct has no such right, the president cannot appoint CJN.

The procedure is NJC recommends, President forwards to Senate, Senate approves.

Same way there is procedure for REMOVAL (not suspension).

Sambo and Zakzaky are security risk

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