@POLITICSNGR

My attention has just been drawn to my statement made in 2014, currently, flying about in the social media. It is to the effect that I am now contradicting myself from my earlier stand that the then president, GEJ,could suspend the then Governor of CBN, now Emir Sanusi, by invoking section 11 of the Interpretation Act, on the ground that he who can hire can also fire and also suspend. I perfectly stand by that statement. I also hereby affirm my present informed argument and my present stance, as both the Onnoghen and Salami’s cases are not in anyway related at all. My 2014 argument related to the interpretation of the Constitution and the CBN Act, under which the president can hire and fire as he wishes, subject to Senate's approval.  He could therefore also suspend, going by the Interpretation Act.

There is no equivalent section under the CCB/CCT Act, permitting the president to capriciously and whimsically hire and fire the CJN as he wishes, as he could do under the CBN Act. Whereas appointment of the CBN Governor under the CBN Act involves only the president and Senate, (President nominates and Senate confirms by 2/3 majority),  sections 153,158,3rd Schedule (parts 1 & 2), sections 291 and 292 of the Constitution were NOT in issue then. They are now. The sections of the CBN Act only, relates to the president’s power to hire, or fire (and suspend under the Interpretation Act), the CBN Governor. Oil and water do not mix. So, I stand by that my 2014 argument as regards the then CBN Governor. However, under the Constitution, the CJN, like President of the Court of Appeal, High Courts and Federal High Court, Chief Judges, Grand Khadis and President of the Customary Court, enjoy a special space in our constitutional organogram. For them to be hired or fired, the entire three arms of government are involved under sections 4,5 and 6 of the Constitution, in sync with the famous doctrine of separation of powers, ably propounded in 1748 by the great French Philosopher, Baron de Montesque.

Unlike under the CBN Act (under which Sanusi’s case came up), the NJC in the Onnoghen saga must first recommend; the Senate must first approve; before the president can then hire or fire. Were the present issues based alone on a mere Act such as the CBN Act, then PMB  would have had the power to also suspend. Unlike under the CBN Act, the three arms of government must be involved in the case of the CJN. They have not, in this instance, which is the kernel of my present stance.  But, even the CCT ex parte order PMB purportedly relied upon, didn't permit the president to suspend Onnoghen. The order directs Onnoghen to "step aside". Has he stepped aside? No. Has Senate ever met at any time to decide to remove or suspend Onnoghen by 2/3 majority votes? No. Can the president appoint an Acting CJN to a position that is not vacant since the incumbent has not stepped aside? No. So, a CCT that had, by itself, adjourned proceedings to 28th  January, 2019, for argument on the issue of jurisdiction, suddenly remembered that there existed a motion ex parte somewhere in its files, dusted it up and issued an ex parte order based on it, at a time the issue of jurisdiction was already pending before it, and after it was adjourned for hearing by the very CCT itself.

The only jurisdiction a court or tribunal whose jurisdiction has been duly challenged possesses is jurisdiction to determine whether or not it has jurisdiction. Nothing more. It can not make more or further orders on the substance of the case as erroneously done by the CCB. The ex parte order therefore cannot stand in law. All these issues never occurred in the Sanusi case at all. There were no court proceedings to be interpreted; no court order; no jurisdictional issues raised; and no three arms of government involved. So, the two scenarios are worlds apart. Some have also referred to the Justice Ayo Salami Saga. It is again totally different from the Onnoghen matter.  Salami’s case involved the then President of the Court of Appeal’s  elevation to the Supreme Court, which he out rightly rejected, on the ground that it was meant to be a punishment for him for refusing to accede to the then CJN, Katsina-Alu’s request to pervert the cause of Justice with regards to a matter then pending before the Court of Appeal, Sokoto. It was a tussle between the then governor, Magatakarda and a former Governor Attahiru Bafarawa.

The NJC had constituted a panel (unlike in the Onnoghen case), to investigate the allegations against Salami, who later approached the court. Before the court processes were dealt with, the NJC, at the end of its sitting, exonerated  Justice Salami of some allegations against him, quashed his elevation to the Supreme, but found that he lied against the then CJN, Katsina –Alu. NJC then ordered Justice Salami to apologise to Katsina Alu within a stipulated time. Salami, based on strong principles, refused to do so.

The NJC, at its 7th Emergency meeting held on 8th August, 2011, immediately proceeded to suspend Salami, pursuant to the provisions of section 21, third schedule, part 1 of the 1999 Constitution. The NJC further recommended to the then President GEJ, Salami’s removal from office which was acted upon. It is therefore clear that the Salami scenario is  totally different from the present Onnoghe drama, carefully scripted and simulated by the present government to influence the imminent presidential elections which PMB knows must go to the tribunal. Don’t forget also that PMB once wept openly in the presence of cameras that he was robbed of his victory up to the Supreme Court. So, he has never hidden his disdain and hatred for the apex court and Onnoghen, whom, according to the reasons he gave for illegally suspending, him has been in charge of freeing alleged corrupt elements. Left to PMB, anyone charged before a court must be convicted by the judiciary at all cost, whether there is evidence, proof, or not, to satiate his mind-set belief  that he is fighting corruption (check out the list of the first eleven corrupt people in Nigeria currently campaigning for his re-election on the same podium). In the Onnoghen case, the NJC has been curiously side-tracked, unlike in the Salami case.

We cannot and must never allow immediate political exigencies and short-term gains to obfuscate our humanity and decency as a people and as a nation. My 2014 stance remains true and valid, based on the peculiar circumstances of that case and the sections of the law dealt with. They did not contend with, nor envisage, the near immunity granted to the CJN and other Jurists under the relevant constitutional provisions as above highlighted. The two scenarios are like day and night, light and darkness. They never meet.

Chief Mike A.A Ozekhome,SAN.OFR

https://politicsngr.com/case-onnoghen-emir-sanusi-never-two-kind-mike-ozekhome/

Pre-APC campaign: Buhari is not campaigning because he has been rejected by Nigerians - Kola

APC begins campaign: Buhari renting crowd to make it look like he's still popular - Kola

I'm expected his grieving press release after Feb 16. Guys are still yet to wake up to reality.

Guy, carry your lying mouth go meet Omokri.

Onnoghen is gat a bad village people.....LOOK AT WHAT HIS VILLAGE PEOPLE HAVE DONE TO HIM

let the ignorant educate themselves here.

Fuckuignos:
Pre-APC campaign: Buhari is not campaigning because he has been rejected by Nigerians - Kola

APC begins campaign: Buhari renting crowd to make it look like he's still popular - Kola

I'm expected his grieving press release after Feb 16. Guys are still yet to wake up to reality.

Buharii is a goner whether he campaigns or not. Rigging will be resisted our votes must count. Nigerians are more than. Buharideens.

no similarity at alll

let Apc supporters keep fooling around



Concerned Nigerians: The president has no power to suspend
the CJN according to the constitution.
Buhari Supporters: Wailer, no room for corrupt persons in
this government!
Concerned Nigerians: What about Ganduje, CAUGHT RED
HANDED on tape filling his agbada with HARD currency?
Buhari Supporters: The president has no power to suspend
Ganduje according to the constitution.

Story

SalamRushdie:
no similarity at alll

You are here already to spew your usual thrash laced with lies and hypocrisy

Double mouth

stephanie11:
[s] @POLITICSNGR

My attention has just been drawn to my statement made in 2014, currently, flying about in the social media. It is to the effect that I am now contradicting myself from my earlier stand that the then president, GEJ,could suspend the then Governor of CBN, now Emir Sanusi, by invoking section 11 of the Interpretation Act, on the ground that he who can hire can also fire and also suspend. I perfectly stand by that statement. I also hereby affirm my present informed argument and my present stance, as both the Onnoghen and Salami’s cases are not in anyway related at all. My 2014 argument related to the interpretation of the Constitution and the CBN Act, under which the president can hire and fire as he wishes, subject to Senate's approval.  He could therefore also suspend, going by the Interpretation Act.

There is no equivalent section under the CCB/CCT Act, permitting the president to capriciously and whimsically hire and fire the CJN as he wishes, as he could do under the CBN Act. Whereas appointment of the CBN Governor under the CBN Act involves only the president and Senate, (President nominates and Senate confirms by 2/3 majority),  sections 153,158,3rd Schedule (parts 1 & 2), sections 291 and 292 of the Constitution were NOT in issue then. They are now. The sections of the CBN Act only, relates to the president’s power to hire, or fire (and suspend under the Interpretation Act), the CBN Governor. Oil and water do not mix. So, I stand by that my 2014 argument as regards the then CBN Governor. However, under the Constitution, the CJN, like President of the Court of Appeal, High Courts and Federal High Court, Chief Judges, Grand Khadis and President of the Customary Court, enjoy a special space in our constitutional organogram. For them to be hired or fired, the entire three arms of government are involved under sections 4,5 and 6 of the Constitution, in sync with the famous doctrine of separation of powers, ably propounded in 1748 by the great French Philosopher, Baron de Montesque.

Unlike under the CBN Act (under which Sanusi’s case came up), the NJC in the Onnoghen saga must first recommend; the Senate must first approve; before the president can then hire or fire. Were the present issues based alone on a mere Act such as the CBN Act, then PMB  would have had the power to also suspend. Unlike under the CBN Act, the three arms of government must be involved in the case of the CJN. They have not, in this instance, which is the kernel of my present stance.  But, even the CCT ex parte order PMB purportedly relied upon, didn't permit the president to suspend Onnoghen. The order directs Onnoghen to "step aside". Has he stepped aside? No. Has Senate ever met at any time to decide to remove or suspend Onnoghen by 2/3 majority votes? No. Can the president appoint an Acting CJN to a position that is not vacant since the incumbent has not stepped aside? No. So, a CCT that had, by itself, adjourned proceedings to 28th  January, 2019, for argument on the issue of jurisdiction, suddenly remembered that there existed a motion ex parte somewhere in its files, dusted it up and issued an ex parte order based on it, at a time the issue of jurisdiction was already pending before it, and after it was adjourned for hearing by the very CCT itself.

The only jurisdiction a court or tribunal whose jurisdiction has been duly challenged possesses is jurisdiction to determine whether or not it has jurisdiction. Nothing more. It can not make more or further orders on the substance of the case as erroneously done by the CCB. The ex parte order therefore cannot stand in law. All these issues never occurred in the Sanusi case at all. There were no court proceedings to be interpreted; no court order; no jurisdictional issues raised; and no three arms of government involved. So, the two scenarios are worlds apart. Some have also referred to the Justice Ayo Salami Saga. It is again totally different from the Onnoghen matter.  Salami’s case involved the then President of the Court of Appeal’s  elevation to the Supreme Court, which he out rightly rejected, on the ground that it was meant to be a punishment for him for refusing to accede to the then CJN, Katsina-Alu’s request to pervert the cause of Justice with regards to a matter then pending before the Court of Appeal, Sokoto. It was a tussle between the then governor, Magatakarda and a former Governor Attahiru Bafarawa.

The NJC had constituted a panel (unlike in the Onnoghen case), to investigate the allegations against Salami, who later approached the court. Before the court processes were dealt with, the NJC, at the end of its sitting, exonerated  Justice Salami of some allegations against him, quashed his elevation to the Supreme, but found that he lied against the then CJN, Katsina –Alu. NJC then ordered Justice Salami to apologise to Katsina Alu within a stipulated time. Salami, based on strong principles, refused to do so.

The NJC, at its 7th Emergency meeting held on 8th August, 2011, immediately proceeded to suspend Salami, pursuant to the provisions of section 21, third schedule, part 1 of the 1999 Constitution. The NJC further recommended to the then President GEJ, Salami’s removal from office which was acted upon. It is therefore clear that the Salami scenario is  totally different from the present Onnoghe drama, carefully scripted and simulated by the present government to influence the imminent presidential elections which PMB knows must go to the tribunal. Don’t forget also that PMB once wept openly in the presence of cameras that he was robbed of his victory up to the Supreme Court. So, he has never hidden his disdain and hatred for the apex court and Onnoghen, whom, according to the reasons he gave for illegally suspending, him has been in charge of freeing alleged corrupt elements. Left to PMB, anyone charged before a court must be convicted by the judiciary at all cost, whether there is evidence, proof, or not, to satiate his mind-set belief  that he is fighting corruption (check out the list of the first eleven corrupt people in Nigeria currently campaigning for his re-election on the same podium). In the Onnoghen case, the NJC has been curiously side-tracked, unlike in the Salami case.

We cannot and must never allow immediate political exigencies and short-term gains to obfuscate our humanity and decency as a people and as a nation. My 2014 stance remains true and valid, based on the peculiar circumstances of that case and the sections of the law dealt with. They did not contend with, nor envisage, the near immunity granted to the CJN and other Jurists under the relevant constitutional provisions as above highlighted. The two scenarios are like day and night, light and darkness. They never meet.

Chief Mike A.A Ozekhome,SAN.OFR

https://politicsngr.com/case-onnoghen-emir-sanusi-never-two-kind-mike-ozekhome/ [/s]

Claptrap

livelymatilda22:

You are here already to spew your usual thrash laced with lies and hypocrisy

smallie how far . abeg today is Sunday show some love to your seniors

Ozekhome is just a crooked lawyer who can call white black just to suit his paymasters. He’s a complete disgrace to the bar.

SalamRushdie:


smallie how far . abeg today is Sunday show some love to your seniors

Yea today is Sunday, let your conscience judge you for once..
If I ask God almighty to judge you by your intention, would you say AMEN?
if yes, then type a big AMEN.

livelymatilda22:

Yea today is Sunday, let your conscience judge you for once..
If I ask God almighty to judge you by your intention, would you say AMEN?
if yes, then type a big AMEN.

too much hate in you and na wicked Buhari cause am ..las las you will be ok when Atiku is sworn in

SalamRushdie:


too much hate in you and na wicked Buhari cause am ..las las you will be ok when Atiku is sworn in

Dont try to twist it.. May God or anything you serve Judge and reward you according to your intentions of supporting Atiku and Pdp... Just type Amen.. Is that too hard for you?

A lot of Buhari supporters can't reason or think na.



CBN Governor was appointed so therefore the 2 instances are different.