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4 Reasons Why The Suspension Of The CJN Is Unconstitutional - Politics - Nairaland

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The Cjn’s Removal: The Lamps Are Going Out All Over Nigeria- Opinion / 9 Reasons Why The Suspension Of The CJN Is Constitutional - PoliticsNGR.com / What The Law stipulates On The Removal Of the CJN by PoliticsNGR.com (2) (3) (4)

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4 Reasons Why The Suspension Of The CJN Is Unconstitutional by naijapips04: 8:05pm On Jan 26, 2019
This is a rebuttal to the article on the frontpage.

Here are a couple reasons. There are hundreds of them but I would just list a few.

1. The CCT never ordered buhari to suspend the CJN>

Here is what's contained in the CCT letter to buhari as obtained by daily post.

“It is hereby ordered as follows: That the defendant/respondent shall step aside as the Chief Justice of Nigeria and Chairman National Judicial Council over allegation of Contravening the provisions of the code of Conducts and Tribunal Act CAP C15 Laws of the Federation 2004 pending the determination of the Motion on notice dated 10th January 2019.

“That the President of the Federal Republic of Nigeria shall take all necessary measure to swear in the most senior Justice of the Supreme Court of Nigeria as Acting Chief Justice of Nigeria and Chairman National Judicial Council in order to prevent a vacuum in the judicial arm of government pending the determination of the motion on notice.

http://dailypost.ng/2019/01/25/cjn-onnoghen-see-full-cct-order-buhari-acted/

Now the exact order is for the defendant (CJN) to step aside/resign. Not for Buhari to sack/suspend/remove him because the CCT knows clearly that Buhari has no such powers. It's only after the CJN has resigned will the second order of buhari appointing an acting CJN take effect, so there wouldn't be a vacuum in governance.

2. The CCT Judgement is Illegal.

Earlier in the day, a higher court, the court of Appeal had suspended the trial of the CJN by the CCT. What this means is that the sitting in question that produced the above said order was illegal and unconstitutional. So whatever comes off that meeting is null and void.

Palpable reprieve came the way of embattled Chief Justice of Nigeria, Justice Walter Onnoghen as the Abuja Division of the Court of Appeal yesterday ordered the Code of Conduct Tribunal, CCT, to stay further proceedings on the six-count charge the Federal Government preferred him.

Read more at: https://www.vanguardngr.com/2019/01/onnoghen-appeal-court-halts-further-proceedings-at-cct/ https://www.vanguardngr.com/2019/01/onnoghen-appeal-court-halts-further-proceedings-at-cct/

3. Buhari has no power to remove, suspend, sack the CJN. The constitution has clearly stated procedure for removing or sacking a CJN and it involves a recommendation from the NJC and/or approval from one third of the Senate.

4. There is clear separation of powers in the constitution. The executive can never unilaterally sack the Judiciary arm of government. The constitution is very clear on that. What Buhari did is purely illegal and should be condemned by all well meaning Nigerians.

Let me stop here for now. This is not about PDP or APC. This is about saving the very soul of the nations. It's so sad that most Nigerian youth are too myopic to see this. This is setting a precedence that any idiot can latch on tomorrow to perpetrate evil and shouldn't be allowed to continue.

3 Likes

Re: 4 Reasons Why The Suspension Of The CJN Is Unconstitutional by Clerverly: 8:07pm On Jan 26, 2019
Bunkum:

However let me help you a bit:
1
Now what the exact order is for the defendant (CJN) to step aside/resign. Not for Buhari to sack/suspend/remove him becuase the CCT knows clearly that Buhari has no such powers.

When a Judge issues order, which arm of the government carries out the order? The Executive- The function of the executive is to enforce order.

Example, if the court ask someone to vacate a place, it is only the police who is part of executive that will implement the order- Nobody waits for you to leave at your convenience.

2Earlier in the day, a higher court, the court of Appeal had suspended the trial of the CJN by the CCT. What this means is that the sitting in question that produced the above said order was illegal and unconstitutional. So whatever comes off that meeting is null and void.

Another misconception: The Court order that the FG relied on, was issued on the 23rd of January- a day before the appeal Court sat which on the 24th. So the FG outsmarted Onnoghen here.

Buhari has no power to remove, suspend, sack the CJN. The constitution has clearly stated procedure for removing or sacking a CJN and it involves a recommendation from the NJC and/or approval from one third of the Senate.

Buhari obeyed an order of a court competent Jurisdiction. That is rule of law. Disobedience of court order, however it may look like, is an invitation to anarchy. So Mr. President in this instance obeyed an order of the court asking to suspend Onnoghen pending the conclusion of the hearing. So if Onnoghen is not happy about the order he can appeal.

There is clear separation of powers in the constitution. The executive can never unilaterally sack the Judiciary arm of government. The constitution is very clear on that. What Buhari did is purely illegal and should be condemned by all well meaning Nigerians.

The president didn't sack Onnoghen, he suspended him in obedience to court order validly served on him.

Have you learned a thing today?
Re: 4 Reasons Why The Suspension Of The CJN Is Unconstitutional by Alphafeezay(m): 8:07pm On Jan 26, 2019
The Major reason is because Election is near.

Simple!!!

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Re: 4 Reasons Why The Suspension Of The CJN Is Unconstitutional by naijapips04: 8:09pm On Jan 26, 2019
Clerverly:
grin

waiting for the rubbish you are about to type. angry

2 Likes

Re: 4 Reasons Why The Suspension Of The CJN Is Unconstitutional by naijapips04: 8:17pm On Jan 26, 2019
cc lalasticlala
Re: 4 Reasons Why The Suspension Of The CJN Is Unconstitutional by mycar: 8:20pm On Jan 26, 2019
Some people are too myopic to know that nothing last forever, any other person may enter tomorrow and stage his own allegation against anything and that is final, why would buhari want to destroy Nigeria because of his inordinate ambition for power.

2 Likes

Re: 4 Reasons Why The Suspension Of The CJN Is Unconstitutional by nameo: 8:22pm On Jan 26, 2019
There can not be a different argument than these.

No need to type further
Re: 4 Reasons Why The Suspension Of The CJN Is Unconstitutional by Clerverly: 8:22pm On Jan 26, 2019
naijapips04:


waiting for the rubbish you are about to type. angry

lalasticlala Mynd44 come and help him to the front page.
Re: 4 Reasons Why The Suspension Of The CJN Is Unconstitutional by naijapips04: 8:24pm On Jan 26, 2019
Clerverly:

Ok

I hope one,day you would get to tell your kids how you helped install tyranny in your nation because you were blinded by partisan politics.
Re: 4 Reasons Why The Suspension Of The CJN Is Unconstitutional by Clerverly: 8:24pm On Jan 26, 2019
naijapips04:


I hope one,day you would get to tell your kids how you helped install tyranny in your nation because you were blinded by partisan politics.

Ok
Re: 4 Reasons Why The Suspension Of The CJN Is Unconstitutional by naijapips04: 8:31pm On Jan 26, 2019
Clerverly:
Bunkum:

However let me help you a bit:
1


When a Judge issues order, which arm of the government carries out the order? The Executive- The function of the executive is to enforce order.

Example, if the court ask someone to vacate a place, it is only the police who is part of executive that will implement the order- Nobody waits for you to leave at your convenience.



Another misconception: The Court order that the FG relied on, was issued on the 23rd of January- a day before the appeal Court sat which on the 24th. So the FG outsmarted Onnoghen here.



Buhari obeyed an order of a court competent Jurisdiction. That is rule of law. Disobedience of court order, however it may look like, is an invitation to anarchy. So Mr. President in this instance obeyed an order of the court asking to suspend Onnoghen pending the conclusion of the hearing. So if Onnoghen is not happy about the order he can appeal.



The president didn't sack Onnoghen, he suspended him in obedience to court order validly served on him.

Have you learned a thing today?


shows how low your reasoning is.

CCT orders CJN to step aside equals executive should sack him? If the CCT had wanted the executive to sack the CJN that order would have said SACK and not step aside. Step aside is at the volition of the defendant.

for your second comment, No matter the day the judgement was made, there is now a higher order by a higher court and that nullifies whatever the initial order by a lower court is...and that's the one the presidency should comply with.

1 Like

Re: 4 Reasons Why The Suspension Of The CJN Is Unconstitutional by Peacemaker5128: 8:50pm On Jan 26, 2019
naijapips04:


shows how low your reasoning is.

CCT orders CJN to step aside equals executive should sack him? If the CCT had wanted the executive to sack the CJN that order would have said SACK and not step aside. Step aside is at the volition of the defendant.

for your second comment, No matter the day the judgement was made, there is now a higher order by a higher court and that nullifies whatever the initial order by a lower court is...and that's the one the presidency should comply with.
Is your head paining you?
He was not sacked he was just suspended
Thief CJN can go to court to seek redress if he is not happy with the suspension
Re: 4 Reasons Why The Suspension Of The CJN Is Unconstitutional by Almaiga: 9:29pm On Jan 26, 2019
Trash.
Ononghen is presently an ex-CJN. Buhari did the right thing and Nigerians applaud him for this.

Re: 4 Reasons Why The Suspension Of The CJN Is Unconstitutional by naijapips04: 10:18pm On Jan 26, 2019
Peacemaker5128:

Is your head paining you?
He was not sacked he was just suspended
Thief CJN can go to court to seek redress if he is not happy with the suspension

Where did Buhari get the power to suspend him?
Re: 4 Reasons Why The Suspension Of The CJN Is Unconstitutional by naijapips04: 10:19pm On Jan 26, 2019
Almaiga:
Trash.
Ononghen is presently an ex-CJN. Buhari did the right thing and Nigerians applaud him for this.

Shut up.

1 Like

Re: 4 Reasons Why The Suspension Of The CJN Is Unconstitutional by reuben79: 10:33pm On Jan 26, 2019
Almaiga:
Trash.
Ononghen is presently an ex-CJN. Buhari did the right thing and Nigerians applaud him for this.
buhari did d rit thing cos he put ur Muslim brother there,but time will surely tell.
Re: 4 Reasons Why The Suspension Of The CJN Is Unconstitutional by Peacemaker5128: 1:26am On Jan 27, 2019
naijapips04:


Where did Buhari get the power to suspend him?
From CCT
Re: 4 Reasons Why The Suspension Of The CJN Is Unconstitutional by Almaiga: 4:12am On Jan 27, 2019
naijapips04:


Shut up.

You no well.

Re: 4 Reasons Why The Suspension Of The CJN Is Unconstitutional by Almaiga: 4:16am On Jan 27, 2019
reuben79:
buhari did d rit thing cos he put ur Muslim brother there,but time will surely tell.

Your Corrupt ex-CJN Ononghen is history now. Buhari has booted him out of office. If the thing pain you, kiiiii yaself. grin

Re: 4 Reasons Why The Suspension Of The CJN Is Unconstitutional by naijapips04: 8:45am On Jan 27, 2019
Peacemaker5128:

From CCT

who gave cct the power?

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