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A Lawyers Submission On The Suspension Of The CJN. Must Read. - Politics - Nairaland

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A Lawyers Submission On The Suspension Of The CJN. Must Read. by Nobody: 8:51am On Jan 27, 2019
Part of the problem with our public debate is lack of knowledge of the facts driving the debate and a lot of sentiments. So on this issue I will try to explain what the President meant by the former CJN and his legal team using their privileged position to undermine the judicial process.

When this matter first came up, the CJN did not appear in Court. Why? He could not be served
personally because he rejected service! Now no other person in this country can try that and get away with it but the CJN did.

When in Court, his array of SANs filed a motion challenging jurisdiction of the CCT and insisted it must be heard. The CCT said it will hear it but the accused must first be arraigned before any question on jurisdiction and this is elementary law that the accused must first take a plea because that is how proceedings are commenced. The former CJN still did not show up and his legal team instead filed an Appeal.

Will he say he was not aware of proceedings that was
carried even by international media houses? Of course not but he was simply abusing his power by ignoring judicial proceedings! No other person can try that and get away with it.

While the appeal was pending, several Courts Ex-Parte granted injunctions restraining a competent constitutional tribunal from doing its work even though they had no appellate jurisdiction over the tribunal!!! Even the industrial Court granted a restraining Order!!! Industrial Court!!!!

All sorts of Courts were issuing all manners of Court Orders to protect the CJN who until now had ignored a quasi-judicial proceeding.
In other words, the continuous stay of the former CJN in office was impacting and impairing the ability of the CCT to do its constitutional job. Then the government brought a Motion on Notice seeking that the CJN steps aside and the President replaces him with the next in line.

Apparently, the same motion was brought Ex-parte and for ex-parte applications the other parties need not know. As we now know, that application was granted.

On Wednesday, we witnessed the unbelievable!!!! The legal team of the former CJN filed a Motion to Stay of proceedings at the Court of Appeal however, there was no Ruling from the Lower Tribunal in the Record of Appeal! Ask any lawyer who has done any work at the Court of Appeal, an Appeal cannot be entered without a copy of the ruling or judgment included in the Record of Appeal because it is at the heart of the case at the Court of Appeal!

That is why you are there- to complain about the Ruling or Judgment! The only alternative is to apply under the Court of Appeal Rules to Depart from the Rules!
In this case no such application was made but somehow, the appeal was not only entered within hours with Appeal number given, the motion filed based on that appeal was slated for hearing!

Counsel to former CJN admitted to this irregularity and addressed the Court for 2hrs urging that his Motion for Stay be granted. Again, ask any lawyer, no ordinary Nigerian can get this because this procedure and practice is unknown to law. The Court however, reserved its ruling for 30th of January but granted an Interim Stay till that date which in the circumstances
was the right thing to do.

What is the point of all this? Evidently, the former CJN was using his position and office to push the entire judicial system beyond its limits in defense of himself. Whereas he alone was the first to admit that he forgot to remember that he had $700,000 in a domiciliary account. He alone could not explain why he had not touched his salary for 18 months! He alone was later
discovered to have $3,000,000 elsewhere!!! And someone says ending such acts of abuse of office to shield questionable acts is a fight against the judiciary?

Is the judiciary the harbinger of such? This is the same judiciary that produced erudite Jurists like Justice Niki Tobi, Justice Kayode Esho, Obaseki JSC and many many other eminent men!!! Can the conduct just
chronicled stand beside the records of such greats?

Please let no one ridicule the judiciary.
Finally, beyond our support for one political narrative or another, we must always ask ourselves what kind of Country do we want to build for ourselves and our children. PMB has done his part and even if he loses or wins in February, it does not change much because he has achieved almost all his heart desires. The man is 76!!! But we the young ones are still here with a country to live in!

If we support such behavior then we are sowing the seed for an unfair, unjust and ultimately a pariah state!

In sum, the CCT gave an Order which to my mind is the proper Order to give in the circumstances. Let no man be allowed to throw the weight of his office around in defense of himself especially a lawyer and in this case a respectable Justice of the Supreme Court.

The bench is a sacred chamber and a holy ground occupied by men, great in their courage, boundless in their knowledge and unsurpassed in their moral rectitude.

No one has said Onnoghen JSC is not but in the light of the allegations against him and his admissions/responses let him prove it just the way an ordinary man will because we are all equal before the law.

Ghani Rotimi ----- Lawyer!

Mynd44, Lalasticlala

18 Likes 7 Shares

Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by Nobody: 8:52am On Jan 27, 2019
Mynd44 can we get a wider audience so other lawyers can either support or reject this submission please

1 Like

Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by DLondonboiy: 8:57am On Jan 27, 2019
Abeg, all these charge and bail lawyers without sense will be writing rubbish for no reason...Even Buhari is regretting his actions right now and that useless decision would be reversed any moment from now...

6 Likes

Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by babyfaceafrica: 9:05am On Jan 27, 2019
will You People let this matters rest?.... we have bigger fish to fry abeg
Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by seunmsg(m): 9:12am On Jan 27, 2019
Onnoghen is just a shameless person, if not, he would have recused himself from presiding over the Supreme Court and NJC immediately the matter started. If he had done that, there would have been no need for his suspension. But no, he wanted to preside over his own case. If FG had appealed the decision of the court of appeal stopping CCT from hearing the case, who will constitute the Supreme Court panel that would have heard the case?

Even those arguing that NJC should have been allowed to discipline him, who would preside over the NJC meeting? When it became obvious that NJC will consider taking a disciplinary decision on him, he postponed the NJC meeting indefinitely for selfish reason. Why should such a crooked character be allowed to preside over the highest court in the land?

Onnoghen lost the moral right to continue in office the day millions of undeclared foreign currencies were traced to his account. There is no point fighting a lost battle. He should resign immediately and save the judiciary from further embarrassment. We all called on Adeosun to do the right when it was discovered that she presented a forged NYSC certificate and she graciously resigned in the overall interest of the country. This is the time for Onnonghen to also do the right thing. The judiciary is bigger than him.

6 Likes 2 Shares

Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by Nobody: 9:14am On Jan 27, 2019
DLondonboiy:
Abeg, all these charge and bail lawyers without sense will be writing rubbish for no reason...Even Buhari is regretting his actions right now and that useless decision would be reversed any moment from now...

Just say the submission is above the capacity of your brain to process it.

12 Likes 1 Share

Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by EzeNri(m): 9:15am On Jan 27, 2019
Rotimi? Yoruba Moslem. No wonder.

So he is better than the 90 SANs that defended the CJN. Oversabi tribe.

3 Likes

Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by naijapips04: 9:15am On Jan 27, 2019
grin Mr Rotimi

That's all I needed to know.

Afonjas and their wicked arselicking styles.

2 Likes

Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by EzeNri(m): 9:16am On Jan 27, 2019
seunmsg:
Onnoghen is just a shameless person, if not, he would have recused himself from presiding over the Supreme Court and NJC immediately the matter started. If he had done that, there would have been no need for his suspension. But no, he wanted to preside over his own case. If FG had appealed the decision of the court of appeal stopping CCT from hearing the case, who will constitute the Supreme Court panel that would have heard the case?

Even those arguing that NJC should have been allowed to discipline him, who would preside over the NJC meeting? Even when it became obvious that NJC will consider taking a decision on him, he postponed the NJC meeting indefinitely for no reason. Why should such a crooked character be allowed to preside over the highest court in the land?

Onnoghen lost the moral right to continue in office the day millions of undeclared foreign currencies was traced to his account. There is no point fighting a lost battle. He should resign immediately and save the judiciary from further embarrassment.
After running your mouth, Buhari will still reverse the matter and then follow due process.

3 Likes

Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by Nobody: 9:16am On Jan 27, 2019
seunmsg:
Onnoghen is just a shameless person, if not, he would have recused himself from presiding over the Supreme Court and NJC immediately the matter started. If he had done that, there would have been no need for his suspension. But no, he wanted to preside over his own case. If FG had appealed the decision of the court of appeal stopping CCT from hearing the case, who will constitute the Supreme Court panel that would have heard the case?

Even those arguing that NJC should have been allowed to discipline him, who would preside over the NJC meeting? Even when it became obvious that NJC will consider taking a decision on him, he postponed the NJC meeting indefinitely for no reason. Why should such a crooked character be allowed to preside over the highest court in the land?

Onnoghen lost the moral right to continue in office the day millions of undeclared foreign currencies was traced to his account. There is no point fighting a lost battle. He should resign immediately and save the judiciary from further embarrassment.

More accounts have been found directly belonging to him which he did not declare

2 Likes 1 Share

Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by Nobody: 9:17am On Jan 27, 2019
naijapips04:
grin Mr Rotimi

That's all I needed to know.

Afonjas and their wicked arselicking styles.

He is from Edo state and not Yoruba

3 Likes

Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by Nobody: 9:18am On Jan 27, 2019
EzeNri:
Rotimi? Yoruba Moslem. No wonder.

So he is better than the 90 SANs that defended the CJN. Oversabi tribe.

He is from Edo state and not Yoruba

1 Like

Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by Nobody: 9:21am On Jan 27, 2019
Tetehjewels:
Part of the problem with our public debate is lack of knowledge of the facts driving the debate and a lot of sentiments. So on this issue I will try to explain what the President meant by the former CJN and his legal team using their privileged position to undermine the judicial process.

When this matter first came up, the CJN did not appear in Court. Why? He could not be served
personally because he rejected service! Now no other person in this country can try that and get away with it but the CJN did.

When in Court, his array of SANs filed a motion challenging jurisdiction of the CCT and insisted it must be heard. The CCT said it will hear it but the accused must first be arraigned before any question on jurisdiction and this is elementary law that the accused must first take a plea because that is how proceedings are commenced. The former CJN still did not show up and his legal team instead filed an Appeal.

Will he say he was not aware of proceedings that was
carried even by international media houses? Of course not but he was simply abusing his power by ignoring judicial proceedings! No other person can try that and get away with it.

While the appeal was pending, several Courts Ex-Parte granted injunctions restraining a competent constitutional tribunal from doing its work even though they had no appellate jurisdiction over the tribunal!!! Even the industrial Court granted a restraining Order!!! Industrial Court!!!!

All sorts of Courts were issuing all manners of Court Orders to protect the CJN who until now had ignored a quasi-judicial proceeding.
In other words, the continuous stay of the former CJN in office was impacting and impairing the ability of the CCT to do its constitutional job. Then the government brought a Motion on Notice seeking that the CJN steps aside and the President replaces him with the next in line.

Apparently, the same motion was brought Ex-parte and for ex-parte applications the other parties need not know. As we now know, that application was granted.

On Wednesday, we witnessed the unbelievable!!!! The legal team of the former CJN filed a Motion to Stay of proceedings at the Court of Appeal however, there was no Ruling from the Lower Tribunal in the Record of Appeal! Ask any lawyer who has done any work at the Court of Appeal, an Appeal cannot be entered without a copy of the ruling or judgment included in the Record of Appeal because it is at the heart of the case at the Court of Appeal!

That is why you are there- to complain about the Ruling or Judgment! The only alternative is to apply under the Court of Appeal Rules to Depart from the Rules!
In this case no such application was made but somehow, the appeal was not only entered within hours with Appeal number given, the motion filed based on that appeal was slated for hearing!

Counsel to former CJN admitted to this irregularity and addressed the Court for 2hrs urging that his Motion for Stay be granted. Again, ask any lawyer, no ordinary Nigerian can get this because this procedure and practice is unknown to law. The Court however, reserved its ruling for 30th of January but granted an Interim Stay till that date which in the circumstances
was the right thing to do.

What is the point of all this? Evidently, the former CJN was using his position and office to push the entire judicial system beyond its limits in defense of himself. Whereas he alone was the first to admit that he forgot to remember that he had $700,000 in a domiciliary account. He alone could not explain why he had not touched his salary for 18 months! He alone was later
discovered to have $3,000,000 elsewhere!!! And someone says ending such acts of abuse of office to shield questionable acts is a fight against the judiciary?

Is the judiciary the harbinger of such? This is the same judiciary that produced erudite Jurists like Justice Niki Tobi, Justice Kayode Esho, Obaseki JSC and many many other eminent men!!! Can the conduct just
chronicled stand beside the records of such greats?

Please let no one ridicule the judiciary.
Finally, beyond our support for one political narrative or another, we must always ask ourselves what kind of Country do we want to build for ourselves and our children. PMB has done his part and even if he loses or wins in February, it does not change much because he has achieved almost all his heart desires. The man is 76!!! But we the young ones are still here with a country to live in!

If we support such behavior then we are sowing the seed for an unfair, unjust and ultimately a pariah state!

In sum, the CCT gave an Order which to my mind is the proper Order to give in the circumstances. Let no man be allowed to throw the weight of his office around in defense of himself especially a lawyer and in this case a respectable Justice of the Supreme Court.

The bench is a sacred chamber and a holy ground occupied by men, great in their courage, boundless in their knowledge and unsurpassed in their moral rectitude.

No one has said Onnoghen JSC is not but in the light of the allegations against him and his admissions/responses let him prove it just the way an ordinary man will because we are all equal before the law.

Ghani Rotimi ----- Lawyer!

Mynd44, Lalasticlala

Quack kobo kobo lawyer with a diseased brain. I wonder what else you can do in court other than charge and bail.

2 Likes

Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by Nobody: 9:29am On Jan 27, 2019
Hedonini:


Quack kobo kobo lawyer with a diseased brain. I wonder what else you can do in court other than charge and bail.

Zero understanding of the submission

5 Likes

Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by seunmsg(m): 9:32am On Jan 27, 2019
EzeNri:

After running your mouth, Buhari will still reverse the matter and then follow due process.


This is not about mouth running. It is about doing the right thing in the interest of the judiciary and the country. There is really no point trying to fight a lost battle - the judiciary will be the loser. Onnoghen cannot continue as Chief Justice, he should resign honorably.

6 Likes

Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by Nobody: 9:37am On Jan 27, 2019
Tetehjewels:


Zero understanding of the submission

The submission is extremely stupid, such that qualifies the odious fellow for disbarment (that is if he is not a fake lawyer as I suspect).

No lawyer worth his salt would leave the substance of the law in a matter that the Constitution is unequivocal about, and focus on irrelevant and tangential issues.

2 Likes

Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by Nobody: 9:39am On Jan 27, 2019
Hedonini:


The submission is extremely stupid, such that qualifies the odious fellow for disbarment (that is if he is not a fake lawyer as I suspect).

No lawyer worth his salt would leave the substance of the law in a matter that the Constitution is unequivocal about, and focus on irrelevant and tangential issues.

Can you mention the so called irrelevant and tangential issues?

3 Likes

Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by Timatayo1: 9:43am On Jan 27, 2019
Hungry lawyer Charge and bail lawyer see his suit like lord lugard own

1 Like

Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by Nobody: 9:48am On Jan 27, 2019
Tetehjewels:


Can you mention the so called irrelevant and tangential issues?
The so-called allegations against the CJN and the so-called 'misuse' of judicial processes and instruments to insulate himself. These are irrelevant and tangential with respect to the substantive matter at hand - which is:

1. The ILLEGAL purported order by the CCT asking the president to 'suspend' the CJN and asking the CJN to step aside.

2. The ILLEGAL 'suspension' of the CJN by an idiotic tyrant who lacks the powers to do so, without recourse to the NJC and the Senate.

The Constitution does not give the CCT and the president such powers. This is not a matter of interpretation. The Constitution is EXPLICIT on this. Any argument to the contrary is stupid and cannot be entertained by sensible people, least of all by 'learned' people. I am not interested in stupid excuses or rationalisations of illegality based on morality or convenience. Morality is always subjective, but the law is objective. The law is the law, and until you amend the Constitution, you just have to abide by it.

Kindly refrain from quoting me to drag this non-issue.

Next!

3 Likes

Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by EzeNri(m): 9:53am On Jan 27, 2019
seunmsg:


This is not about mouth running. It is about doing the right thing in the interest of the judiciary and the country. There is really no point trying to fight a lost battle - the judiciary will be the loser. Onnoghen cannot continue as Chief Justice, he should resign honorably.
You yorubas Moslems are something else. You guys keep making yourselves enemy of the South. A time will come when you will need help or solidarity from the South but you will not get.

The question is did Buhari follow the process in removing him? There is no constitutional provision for suspending a CJN. The same way you cannot suspend the President and Senate President is the same way you can't suspend a CJN.

Imagine, MIddle Belt that has nothing to do with the South is actively identifying with the South, attending all meetings and abiding by the resolution.

With this new alliance, Ohaneze Ndi Igbo, PANDEF (ND) and United Middle Belt Forum, we don't need SW in Southern matters again.

1 Like

Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by Mcreloaded(m): 10:00am On Jan 27, 2019
Op everything you have said is true within reason though.
But you seem to have avoided what the constitution says in such instances.
Unless you are saying we should ignore the constitution, until the constitution is amended I suggest we follow it to the letter l. That's just the way it is.
In other words unless you are also implying that Buhari or APC have the right as tyrant to set the constitution aside and do as they please.
Until the constitution is amended we must not support what Buhari is doing.

2 Likes

Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by Nobody: 10:01am On Jan 27, 2019
Hedonini:

The so-called allegations against the CJN and the so-called 'misuse' of judicial processes and instruments to insulate himself. These are irrelevant and tangential with respect to the substantive matter at hand - which is:

1. The ILLEGAL purported order by the CCT asking the president to 'suspend' the CJN and asking the CJN to step aside.

2. The ILLEGAL 'suspension' of the CJN by an idiotic tyrant who lacks the powers to do so, without recourse to the NJC and the Senate.

The Constitution does not give the CCT and the president such powers. This is not a matter of interpretation. The Constitution is EXPLICIT on this. Any argument to the contrary is stupid and cannot be entertained by sensible people, least of all by 'learned' people. I am not interested in stupid excuses or rationalisations of illegality based on morality or convenience. Morality is always subjective, but the law is objective. The law is the law, and until you amend the Constitution, you just have to abide by it.

Kindly refrain from quoting me to drag this non-issue.

Next!

You are clearly a bot irritant and I have your insecticide.

These are the words of the CJN himself when he gave absolute powers to the CCT when it comes to issues on false asset declaration at a ruling.

Speaking here, he was interpreting the powers conferred on the CCT by our constitution and this was in 2013.

He never envisaged that one day he would fall victim to his own ruling.

Read and stop wailing ignorantly


If I may repeat, the Code of Conduct Tribunal has been established with the exclusive jurisdiction to deal with all violations contravening any of the provisions of the Code as per paragraph 15(1). This provision has expressly ousted the powers of ordinary regular courts in respect of such violations.

The Tribunal to the exclusion of other courts is also empowered to impose any punishments as specified under sub-paragraphs (2) (a), (b) & (c) of paragraph 18 as provided in sub-paragraphs 3 and 4 of paragraph 18 while appeals shall lie as of right from such decisions to the Court of Appeal.

The real important question to ask at this stage is what is the consequences of the violation of the aforesaid paragraphs of the 5th Schedule to the 1999 Constitution?



The answer to the above question is to be found in Paragraph 12 of the said Part 1 of the 5th Schedule which enacts as follows: -‘Any allegation that a public officer has committed a breach of provisions of this code shall be made to the Code of Conduct Bureau.’

“It is my considered view that the above provision is very clear and unambiguous. It provides a remedy in the event of any alleged breach of the provisions. The remedy lies with the Code of Conduct Bureau which has been clothed with the requisite jurisdiction to handle such matters.

Buhari acted within the boundaries of the law.

A lot of you are just legally Dull

7 Likes

Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by Nobody: 10:03am On Jan 27, 2019
Mcreloaded:
Op everything you have said is true within reason though.
But you seem to have avoided what the constitution says in such instances.
Unless you are saying we should ignore the constitution, until the constitution is amended I suggest we follow it to the letter l. That's just the way it is.
In other words unless you are also implying that Buhari or APC have the right as tyrant to set the constitution aside and do as they please.
Until the constitution is amended we must not support what Buhari is doing.

Buhari did no wrong.

The constitution only limits the President in the event of a removal but not when it comes to suspension.

Suspension and removal are not the same thing.

Mr President never went against the constitution

1 Like

Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by Nobody: 10:05am On Jan 27, 2019
EzeNri:

You yorubas Moslems are something else. You guys keep making yourselves enemy of the South. A time will come when you will need help or solidarity from the South but you will not get.

The question is did Buhari follow the process in removing him? There is no constitutional provision for suspending a CJN. The same way you cannot suspend the President and Senate President is the same way you can't suspend a CJN.

Imagine, MIddle Belt that has nothing to do with the South is actively identifying with the South, attending all meetings and abiding by the resolution.

With this new alliance, Ohaneze Ndi Igbo, PANDEF (ND) and United Middle Belt Forum, we don't need SW in Southern matters again.

Read my post above to deliver you from your ignorance

4 Likes

Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by cialis50: 10:08am On Jan 27, 2019
Tetehjewels:
[s]Part of the problem with our public debate is lack of knowledge of the facts driving the debate and a lot of sentiments. So on this issue I will try to explain what the President meant by the former CJN and his legal team using their privileged position to undermine the judicial process.

When this matter first came up, the CJN did not appear in Court. Why? He could not be served
personally because he rejected service! Now no other person in this country can try that and get away with it but the CJN did.

When in Court, his array of SANs filed a motion challenging jurisdiction of the CCT and insisted it must be heard. The CCT said it will hear it but the accused must first be arraigned before any question on jurisdiction and this is elementary law that the accused must first take a plea because that is how proceedings are commenced. The former CJN still did not show up and his legal team instead filed an Appeal.

Will he say he was not aware of proceedings that was
carried even by international media houses? Of course not but he was simply abusing his power by ignoring judicial proceedings! No other person can try that and get away with it.

While the appeal was pending, several Courts Ex-Parte granted injunctions restraining a competent constitutional tribunal from doing its work even though they had no appellate jurisdiction over the tribunal!!! Even the industrial Court granted a restraining Order!!! Industrial Court!!!!

All sorts of Courts were issuing all manners of Court Orders to protect the CJN who until now had ignored a quasi-judicial proceeding.
In other words, the continuous stay of the former CJN in office was impacting and impairing the ability of the CCT to do its constitutional job. Then the government brought a Motion on Notice seeking that the CJN steps aside and the President replaces him with the next in line.

Apparently, the same motion was brought Ex-parte and for ex-parte applications the other parties need not know. As we now know, that application was granted.

On Wednesday, we witnessed the unbelievable!!!! The legal team of the former CJN filed a Motion to Stay of proceedings at the Court of Appeal however, there was no Ruling from the Lower Tribunal in the Record of Appeal! Ask any lawyer who has done any work at the Court of Appeal, an Appeal cannot be entered without a copy of the ruling or judgment included in the Record of Appeal because it is at the heart of the case at the Court of Appeal!

That is why you are there- to complain about the Ruling or Judgment! The only alternative is to apply under the Court of Appeal Rules to Depart from the Rules!
In this case no such application was made but somehow, the appeal was not only entered within hours with Appeal number given, the motion filed based on that appeal was slated for hearing!

Counsel to former CJN admitted to this irregularity and addressed the Court for 2hrs urging that his Motion for Stay be granted. Again, ask any lawyer, no ordinary Nigerian can get this because this procedure and practice is unknown to law. The Court however, reserved its ruling for 30th of January but granted an Interim Stay till that date which in the circumstances
was the right thing to do.

What is the point of all this? Evidently, the former CJN was using his position and office to push the entire judicial system beyond its limits in defense of himself. Whereas he alone was the first to admit that he forgot to remember that he had $700,000 in a domiciliary account. He alone could not explain why he had not touched his salary for 18 months! He alone was later
discovered to have $3,000,000 elsewhere!!! And someone says ending such acts of abuse of office to shield questionable acts is a fight against the judiciary?

Is the judiciary the harbinger of such? This is the same judiciary that produced erudite Jurists like Justice Niki Tobi, Justice Kayode Esho, Obaseki JSC and many many other eminent men!!! Can the conduct just
chronicled stand beside the records of such greats?

Please let no one ridicule the judiciary.
Finally, beyond our support for one political narrative or another, we must always ask ourselves what kind of Country do we want to build for ourselves and our children. PMB has done his part and even if he loses or wins in February, it does not change much because he has achieved almost all his heart desires. The man is 76!!! But we the young ones are still here with a country to live in!

If we support such behavior then we are sowing the seed for an unfair, unjust and ultimately a pariah state!

In sum, the CCT gave an Order which to my mind is the proper Order to give in the circumstances. Let no man be allowed to throw the weight of his office around in defense of himself especially a lawyer and in this case a respectable Justice of the Supreme Court.

The bench is a sacred chamber and a holy ground occupied by men, great in their courage, boundless in their knowledge and unsurpassed in their moral rectitude.

No one has said Onnoghen JSC is not but in the light of the allegations against him and his admissions/responses let him prove it just the way an ordinary man will because we are all equal before the law.

Ghani Rotimi ----- Lawyer!

Mynd44, Lalasticlala[/s]

Media trial again. The Constitution is clear on how a high ranking judicial officer like the CJN can be dealt with.

Until PMb is taken to court for failing to publicly declare his assets, all these na wash

1 Like

Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by Nobody: 10:13am On Jan 27, 2019
cialis50:


Media trial again. The Constitution is clear on how a high ranking judicial officer like the CJN can be dealt with.

Until PMb is taken to court for failing to publicly declare his assets, all these na wash

Mr President and his VP have both declared their assets and they didn't stop there.

He charged anyone with anything contrary to what has been declared to sue him to that effect.

That is an open cheque to the opposition . Have they been able to do so for the past 4 years?

This means his declaration is valid.

The constitution provides guidelines on how the CJN can be REMOVED but not how he can be SUSPENDED.

This is a legal Technicality which can be exploited and was indeed exploited by the CCT.

Since they did not order a removal but ordered a suspension, they have not gone foul of the Constitution.

A suspension and a removal are two different things

1 Like

Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by nameo: 10:16am On Jan 27, 2019
Tetehjewels:
Part of the problem with our public debate is lack of knowledge of the facts driving the debate and a lot of sentiments. So on this issue I will try to explain what the President meant by the former CJN and his legal team using their privileged position to undermine the judicial process.

When this matter first came up, the CJN did not appear in Court. Why? He could not be served
personally because he rejected service! Now no other person in this country can try that and get away with it but the CJN did.

When in Court, his array of SANs filed a motion challenging jurisdiction of the CCT and insisted it must be heard. The CCT said it will hear it but the accused must first be arraigned before any question on jurisdiction and this is elementary law that the accused must first take a plea because that is how proceedings are commenced. The former CJN still did not show up and his legal team instead filed an Appeal.

Will he say he was not aware of proceedings that was
carried even by international media houses? Of course not but he was simply abusing his power by ignoring judicial proceedings! No other person can try that and get away with it.

While the appeal was pending, several Courts Ex-Parte granted injunctions restraining a competent constitutional tribunal from doing its work even though they had no appellate jurisdiction over the tribunal!!! Even the industrial Court granted a restraining Order!!! Industrial Court!!!!

All sorts of Courts were issuing all manners of Court Orders to protect the CJN who until now had ignored a quasi-judicial proceeding.
In other words, the continuous stay of the former CJN in office was impacting and impairing the ability of the CCT to do its constitutional job. Then the government brought a Motion on Notice seeking that the CJN steps aside and the President replaces him with the next in line.

Apparently, the same motion was brought Ex-parte and for ex-parte applications the other parties need not know. As we now know, that application was granted.

On Wednesday, we witnessed the unbelievable!!!! The legal team of the former CJN filed a Motion to Stay of proceedings at the Court of Appeal however, there was no Ruling from the Lower Tribunal in the Record of Appeal! Ask any lawyer who has done any work at the Court of Appeal, an Appeal cannot be entered without a copy of the ruling or judgment included in the Record of Appeal because it is at the heart of the case at the Court of Appeal!

That is why you are there- to complain about the Ruling or Judgment! The only alternative is to apply under the Court of Appeal Rules to Depart from the Rules!
In this case no such application was made but somehow, the appeal was not only entered within hours with Appeal number given, the motion filed based on that appeal was slated for hearing!

Counsel to former CJN admitted to this irregularity and addressed the Court for 2hrs urging that his Motion for Stay be granted. Again, ask any lawyer, no ordinary Nigerian can get this because this procedure and practice is unknown to law. The Court however, reserved its ruling for 30th of January but granted an Interim Stay till that date which in the circumstances
was the right thing to do.

What is the point of all this? Evidently, the former CJN was using his position and office to push the entire judicial system beyond its limits in defense of himself. Whereas he alone was the first to admit that he forgot to remember that he had $700,000 in a domiciliary account. He alone could not explain why he had not touched his salary for 18 months! He alone was later
discovered to have $3,000,000 elsewhere!!! And someone says ending such acts of abuse of office to shield questionable acts is a fight against the judiciary?

Is the judiciary the harbinger of such? This is the same judiciary that produced erudite Jurists like Justice Niki Tobi, Justice Kayode Esho, Obaseki JSC and many many other eminent men!!! Can the conduct just
chronicled stand beside the records of such greats?

Please let no one ridicule the judiciary.
Finally, beyond our support for one political narrative or another, we must always ask ourselves what kind of Country do we want to build for ourselves and our children. PMB has done his part and even if he loses or wins in February, it does not change much because he has achieved almost all his heart desires. The man is 76!!! But we the young ones are still here with a country to live in!

If we support such behavior then we are sowing the seed for an unfair, unjust and ultimately a pariah state!

In sum, the CCT gave an Order which to my mind is the proper Order to give in the circumstances. Let no man be allowed to throw the weight of his office around in defense of himself especially a lawyer and in this case a respectable Justice of the Supreme Court.

The bench is a sacred chamber and a holy ground occupied by men, great in their courage, boundless in their knowledge and unsurpassed in their moral rectitude.

No one has said Onnoghen JSC is not but in the light of the allegations against him and his admissions/responses let him prove it just the way an ordinary man will because we are all equal before the law.

Ghani Rotimi ----- Lawyer!

Mynd44, Lalasticlala

Read through this article by the so called lawyer. There was no legal argument here, just some emotional appeal to our senses.

Morality is not the law.

The legal issue Is: was due process followed in the purported removal of the CJN. If the answer is NO, any other opinion is besides the point.

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Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by Nobody: 10:17am On Jan 27, 2019
nameo:


Read through this article by the so called lawyer. There was no legal argument here, just some emotional appeal to our senses.

Morality is not the law.

The legal issue Is: was due process followed in the purported removal of the CJN. If the answer is NO, any other opinion is besides the point.

Yes due process was followed because he was not REMOVED as you erroneously claimed. HE WAS SUSPENDED.

Those words are legally different .

Our constitution limits Mr President to a removal but not to a suspension.

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Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by Indispensable85(m): 10:20am On Jan 27, 2019
I've always known one thing.That's the fact that the Nigeria judicial system and their players are the most corrupt in the world.
They stink!

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Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by nameo: 10:31am On Jan 27, 2019
Tetehjewels:


Yes due process was followed because he was not REMOVED as you erroneously claimed. HE WAS SUSPENDED.

Those words are legally different

Don't engage in word gymnastics on issues you know little about.

The law and traditions is clear: nobody has the powers to SUSPEND a sitting judge except on the recommendation of the NJC. This is a supreme court decision on this and that is the subsiting law operative in Nigeria(see the response of Falana SAN as eluciated yesterday). It is also the tradition of the NJC.

Moreover, if the constitution wanted a situation where a judge can be suspended using a different means, it would have stated it clearly.

So those persons who differentiate between Removal and Suspension are either extremely ignorant of the law Or are be wickedly disingenuous of the law.

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Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by roundman: 10:41am On Jan 27, 2019
Tetehjewels:


Just say the submission is above the capacity of your brain to process it.
Them dey gree read....Thank you jor.

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Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by Lifestone(m): 10:46am On Jan 27, 2019
This guy can't win a case in court. He is full of sentiments.

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