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A Lawyers Submission On The Suspension Of The CJN. Must Read. - Politics (2) - 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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Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by SalamRushdie: 10:51am On Jan 27, 2019
This one finished with Pass such a dullard like Buhari..I hate people with low IQ
Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by TheGoodJoe(m): 10:54am On Jan 27, 2019
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.


Most important points to note.
Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by Nobody: 11:02am On Jan 27, 2019
nameo:


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.

You are clearly confused.

First you said removed and I corrected you and now you switch to suspend despite our constitution being silent about suspension.

Pick a hustle.

Suspension and removal are legally different
Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by Jesusloveyou: 11:12am 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.
a group of ten corrupt leaders from each zone,
you must be a Kid.
this same CORRUPT zonal leaders are not ashamed for supporting CORRUPTION,
they supported pdp for the past 16yrs, cant you see how the country is underdeveloped? as a result of their CORRUPTION.

1 Like

Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by fabianjay101(m): 11:15am 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
another zombie
Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by EzeNri(m): 11:30am On Jan 27, 2019
Jesusloveyou:
a group of ten corrupt leaders from each zone,
you must be a Kid.
this same CORRUPT zonal leaders are not ashamed for supporting CORRUPTION,
they supported pdp for the past 16yrs, cant you see how the country is underdeveloped? as a result of their CORRUPTION.
Keep ranting your mouth and keep shouting corruption. The North is not loyal to any party. In 2023, if Buhari wins, the same people shouting PDP wasted 16 years will be the first to remind you how corrupt Tinubu is and start supporting saint Kwankwaso or Tambuwal who at the moment are corrupt because they don't fit in into their immediate plan.
Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by chrisblack: 11:47am On Jan 27, 2019
fabianjay101:
another zombie
he stated facts whcih even the so called SAN's cant controvert
Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by nameo: 12:11pm On Jan 27, 2019
Tetehjewels:


You are clearly confused.

First you said removed and I corrected you and now you switch to suspend despite our constitution being silent about suspension.

Pick a hustle.

Suspension and removal are legally different

There is a Supreme Court judgement that clearly state that only the NJC has powers to suspend a sitting judge. A judgement of the SC is law in Nigeria except that same court discharged it. This was in the case where a State Gov suspended a judge I think.

Do you undertand now or do I need to spoon fill you before you undertand.

Depending on your response, I woukd decide wheter to continue engaging you. Don't know how to waste my time.
Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by Nobody: 12:14pm On Jan 27, 2019
nameo:


There is a Supreme Court judgement that clearly state that only the NJC has powers to suspend a sitting judge. A judgement of the SC is law in Nigeria except that same court discharged it.

Do you undertand now or do I need to spoon fill you before you undertand.

Depending on your response, I woukd decide wheter to continue engaging you. Don't know how to waste my time.


You are still confused.
Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by nameo: 12:16pm On Jan 27, 2019
Tetehjewels:


You are still confused.


I see that you are actually obtuse and that is cos of partisan political considerations.

You are a waste of my time. So goodbye
Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by Nobody: 12:17pm On Jan 27, 2019
nameo:


I see that you are actually obtuse and that is cos of partisan political considerations.

You are a waste of my time. So goodbye

I have actually been the one wasting my time with you. Being a hard head is something you are clearly proud of
Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by ITbomb(m): 12:19pm On Jan 27, 2019
This is the flaw in all you have written
Then the government brought a Motion on Notice seeking that the CJN steps aside and the President replaces him with the next in line.
The President just cannot replace the head of the Judiciary whether on Acting capacity or otherwise

Simple solution to all this Brouhaha
The NBA and members of the legal profession must be mobilised not only to condemn the Executive for its acts of interference in the Judiciary, but also to compel Hon. Justice Onnoghen to resign as the CJN with immediate effect.
Thereafter,
The NJC must meet immediately to accept the resignation of Honorable Justice Onnoghen, and forward same to the President; and recommend a new Chief Justice of Nigeria to the President, with immediate effect, for a due appointment, with the approval and confirmation of the Senate.
In the meantime, the President will now be in a position to properly exercise his powers under Section 231(4) of the Constitution to appoint an Acting CJN in the person of Hon. Justice Ibrahim Tanko Muhammed.

Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by Nobody: 12:33pm On Jan 27, 2019
It is very obvious that people would rather disobey the law because they hide behind partisan leanings and this is what we are seeing here.

The CCT is empowered to deal with code of conduct cases which it has done, in making a recommendation.

The NJC which is supposed to ratify the suspension was adjourned indefinitely by the CJN. To whose benefit?

Reading all the notices and the occurrences which trailed the injunctions against the CCT, it is clear there has been a breach of the Law by the CJN.

Need we say more? When a man cannot submit himself to the constitutional court of jurisdiction, after pleading forgetfulness, isn't it just sensible for him to explain himself when his memory has been revived? Yeye dey smell.

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Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by Nobody: 12:36pm 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...
are you educated at all?

2 Likes

Re: A Lawyers Submission On The Suspension Of The CJN. Must Read. by Mujtahida: 2:17pm 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? 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.
You, are you clean? Judge yourself before you judge another man. I know too well men such as you posture to be.

Moral right you say?

Danladi didn't decline to sit as judge even though it's known all over that he has corruption charges against him. Did you ask that he should do what you say morality demands from Onnoghen?

Has Ganduje resigned? What moral right does he have to continue as Governor and even get a pat on the back by the President when a rash of videos showed him collecting bribes.

How long did it take Adeosun to resign. Was she prosecuted?

Nigerians are evil.

Why spare Musa and condemn Okon?

I know - Yes I do really know - that this whole saga is not about fighting corruption. It's about the elections. Time will tell

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