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Appeal Court Cannot Make An Order Stopping CCT From Sitting~femi Falana - Politics (2) - Nairaland

Nairaland Forum / Nairaland / General / Politics / Appeal Court Cannot Make An Order Stopping CCT From Sitting~femi Falana (15767 Views)

Court Extends Order Stopping Obaseki From Arresting Oshiomhole / Court Stops EFCC, Police, DSS, CCT From Probing Saraki / Appeal Court Bars CCT From Proceeding With CJN Onnoghen Trial (2) (3) (4)

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Re: Appeal Court Cannot Make An Order Stopping CCT From Sitting~femi Falana by akin9ja78(m): 4:04am On Jan 28, 2019
martowskin1:
U guys can burn the country to the ground, just give me little time.. I go soon find my way out....

Zoo called Nigeria.....

You are locked in

1 Like 1 Share

Re: Appeal Court Cannot Make An Order Stopping CCT From Sitting~femi Falana by Foolishbuhari: 4:06am On Jan 28, 2019
Stalwert:
[s][/s]


PMB obeyed a court order that sought protection from an unrepentant crook who was abusing his powers. PMB cannot assume to the position of an appeal court because you love corruption.

What ever makes you sleep at night Because Total clap trap is what you just said no offence.

So he now chooses court orders to obey? Lol these Zombies would bring the death of this country.

Does he even have the powers to suspend the man? These are the questions we are asking! I personally don't hold brief for no one... All I am saying we shouldn't set a precedence that would consume us in this country and due to the need not to set this bad precedence, this new week would be very interesting.

The NJC cum judiciary won't let this assault on them stand because if they do due to blind personal and partisan appeal, they endanger the fabrics of the very laws they defend and stand for. And when they do, Mark my words even if onnognen goes down which I pray he does because the controversy around him is too much, Mr Tanko would take a direct hit because history has always shown the usurper gets kicked in the balls. You don't become chief justice because you have some connection to government house. You don't become chief justice without the input or recommendation of the NJC! So guess who shot himself in the foot for some five minutes glory.

Very interesting week ahead. Grab your pop corn people let's watch these people slug it out. Meanwhile get ready for February 16th people... we must correct the mistake we made 4 years ago

1 Like

Re: Appeal Court Cannot Make An Order Stopping CCT From Sitting~femi Falana by akin9ja78(m): 4:08am On Jan 28, 2019
BigIyanga:

STFU. Buhari doesnt the power to remove the CJN!! It’s a co-equal branch of the govt

Must you talk
Re: Appeal Court Cannot Make An Order Stopping CCT From Sitting~femi Falana by Yankee101: 4:09am On Jan 28, 2019
Falana has been following APC like a fly on a corpse

Them go bury una together
Re: Appeal Court Cannot Make An Order Stopping CCT From Sitting~femi Falana by DonCandido(f): 4:26am On Jan 28, 2019
naijapips04:


so Buhari had to abandon the constitution in order to suspend him? read what u wrote again. does it make sense to you?



Here is one of those with LOOTED BRAINS people have been talking about.

How does one explain something so simple to one so challenged?

LET ME TRY...

The Federal High Court (FHC), the National Industrial Court (NIC) have no original jurisdiction in causes arising out of non declaration of assets by a PUBLIC OFFICER.

The Constitution has reserved that power EXCLUSIVELY to the Code of Conduct Tribunal (CCT) and no other Court in Nigeria. The now suspended CJN in fact gave a judgment to that effect in 2013 which judgment is extant.

The FHC, NIC and CCT are courts of coordinate jurisdiction i.e. They are rated the same in the hierarchy of Courts in Nigeria. None has supervisory jurisdiction on the conduct of theother. None can make an order binding another.

All appeals from FHC, NIC and CCT go to the Appeal Court (CA) but the CA has no original jurisdiction to directly countenance causes except those brought to it on appeal from the SHC, NIC, FHC and CCT for re-hearing.

Are you with me up to this point?

What the suspended CJN had done by going to the FHC and NIC to get illegal orders is to attempt to use his power and position to STIFLE or FRUSTRATE his investigation and trial by NIC.To doubly make the resolution of the confusion intractable, he brought the CA into the mix by obtaining an order from a Court without original jurisdiction in the cause of action at the NIC.

To show that the suspended CJN is not totally innocent as assumed,he further postponed indefinitely the sitting of the National Judicial Council (NJC) thus preventing that body from taking a position and making a recommendation as prescribed by law.

The NIC in order to carry out its functions was right to (1). ignore the orders of the FHC, NIC and CA which are vain, illegal and unenforceable orders (2) Grant ex parte orders to the FG to enable it exercise its constitutional powers to suspend a public officer. (3). Restrain the suspended CJN from further perverting the cause of justice by frustrating investigations and his trial.

In western countries, he would have been taken into custody for obstruction of justice when he cancelled the meeting of the NJC.

Was PMB right to have obeyed the order of the NIC? Yes, he was.

IT WAS THE ORDER OF A COMPETENT COURT SEEKING SUSPENSION OF A PUBLIC OFFICER BEING TRIED FOR NON DISCLOSURE OF ASSETS, IT HAS NOTHING TO DO WITH THE SACK OR RETIREMENT OF THE SUSPENDED CJN AS A JUDICIAL OFFICER FOR WHICH THE ASSENT OF NASS IS REQUIRED BY THE CONSTITUTION.

PLEASE NOTE THAT THE SUSPENDED CJN HAS NOT BEEN SACKED OR RETIRED. HE IS ENTITLED TO REINSTATEMENT ONCE HE EXONERATES HIMSELF OF THE ALLEGATIONS AGAINST HIM. IT IS INSTRUCTIVE TO NOTE THAT 2 SUPREME COURT JUSTICES WERE RECENTLY SIMILARLY SUSPENDED, ONE HAS BEEN REINSTATED AFTER HE EXONERATED HIMSELF OF THE ALLEGATIONS AGAINST HIM AND HAS SINCE RESUMED HIS DUTIES WHILST THE OTHER HAS NOT BEEN REINSTATED.

3 Likes

Re: Appeal Court Cannot Make An Order Stopping CCT From Sitting~femi Falana by Foolishbuhari: 4:27am On Jan 28, 2019
NOC1:


Did you read the message at all, ngwa go back and read it gradually, it is just a sentence nna.
For the fact Onoghen admitted he should have stepped aside, like i keep on saying ignorance can never be an excuse to the rule of law

No Bro you got it wrong! For the fact onnognen accepted, the law states the CCB should have given him another form to update his assets declaration which is why I am sure he accepted. At least they are not foreign accounts. It is when he denies you charge him to the CCT to prove his innocence But this has even been taken off the narrative.

I am not holding brief for onnognen, if he is tried and found guilty, let the big stick fall on him. I am majorly against setting this constitutional rascality as a precedence. This move has politics written all over it and I am optimistic this week is going to be very Interesting

2 Likes

Re: Appeal Court Cannot Make An Order Stopping CCT From Sitting~femi Falana by deomelo: 4:27am On Jan 28, 2019
Chief Justice Walter Onnoghen, who is challenging the jurisdiction of the Code of Conduct Tribunal (CCT) to try him for alleged non-declaration of assets, had given judgments affirming the Tribunal’s powers.

In one of the judgments delivered on July 12, 2013, he held that the CCT had exclusive jurisdiction to deal with all violations contravening any of the provisions of the Code of Conduct Bureau.

He also held that the provisions “expressly ousted the powers of ordinary regular courts in respect of such violations.”


https://thenigerialawyer.com/how-onnoghens-judgments-affirmed-ccts-powers/


Any allegation that a public officer has committed a breach of or has not complied with the provisions of this Code shall be made to the Code of Conduct Bureau. (Paragraph 12 Part 1 of the Third Schedule) (emphasis added)


http://lawnigeria.com/LawsoftheFederation/CODE-OF-CONDUCT-BUREAU-AND-TRIBUNAL-ACT.html


Herein lies the crooked and corrupt suspended CJ's dilemma, he himself in one of his many judgments affirmed CCT exclusive jurisdiction to handle such matters, even above other courts.

So, why is the crooked and corrupt judge all of a sudden running from pillar to post shouting and hiding under jurisdiction?

The act that established the CCT is very clear and unambiguous.


I don't see any escape exit for this corrupt judge, just resing and head to prison.

1 Like 1 Share

Re: Appeal Court Cannot Make An Order Stopping CCT From Sitting~femi Falana by nams77: 5:37am On Jan 28, 2019
naijapips04:


where's it s
you mean in the same constitution that Buhari has bastardized?

meanwhile these fools are picking parts of Falana discourse that fits their evil narrative.
Im telling you! These guys are truly evil. I watched the program myself. They are just picking clips to suit themselves.
Re: Appeal Court Cannot Make An Order Stopping CCT From Sitting~femi Falana by emexc11(m): 5:58am On Jan 28, 2019
Stalwert:
[s][/s]


Shhh!!! Worker of inequity!!! Onnoghen was rapidly destroying the judiciary by overloading the system with illegal and useless injuctions against the CCT. The CCT sought protection from a Corrupt CJN who is using the entire judicial system to protect himself. If you cannot get that please just log out and stop wasting space on the server that which is paid for and you use free of charge.
How many SANs did buhari used for his defense during his waec result saga? You accused the CJN and you don't want him to defend himself, abi
Re: Appeal Court Cannot Make An Order Stopping CCT From Sitting~femi Falana by princeade86(m): 5:59am On Jan 28, 2019
naijapips04:


so Buhari had to abandon the constitution in order to suspend him? read what u wrote again. does it make sense to you?
u shud ask him what danladi is still doing on that sit as cct chairman upon his case with efcc. is it because is a northerner, that's why he cant be remove.
Re: Appeal Court Cannot Make An Order Stopping CCT From Sitting~femi Falana by bcashy: 6:33am On Jan 28, 2019
Foolishbuhari:
Same way the CCT can't try a man via charges from the CCB without giving him an opportunity to update his assets declaration when he accepts.

Same way the CCT can't pass an exparte order to the president to remove the head of another arm of government. They were meant to pass that on to the NJC or the senate.

Same way buhari has no constitutional right what so ever to SUSPEND and swear in another CJN at his personal discretion! Two wrongs don't make a right neither do you fight illegality with illegality.

We sane Nigerians are saying if we let this assault on the judiciary stand, we have set a precedence and another president could even do worse...probably suspend the NJC and nothing would happen! Personally I am not holding brief for the onnoghen man I am against executive rascality.

Plus if Buhari had always moved with this unusual speed as regards corruption in his own circle of friends, aides and appointees, I don't think the suspicion, resistance and public outcry that met this his latest dumb move would be this much.
FOOLISH BUHARI!

BTW I see zombies kissing falana's ass over there yet they seem to forget falana spoke out against the action of the FG too. Unfocused lots

Modified:


I hate it when FOOLS quote me and soil my mentions. If your mental capacity can't handle what I wrote there, then beat it; but because you want to get noticed you come here dancing.

Just reading what you wrote up there I wonder if you passed through the walls of an educational institution or you got mentored at home by an equally brainless parent combo and unleashed on society to be a perpetual nuisance.

Please Keep off my mentions ehn... I don't associate with vermin and if you think you want to go down this path oh I am ready man and packing serious heat!

Now beat it!


This one is in cifia pain lol.

Foolishbuhari na ur boss any day........lol......as e dey pain u...e dey sweet is !!!

1 Like 1 Share

Re: Appeal Court Cannot Make An Order Stopping CCT From Sitting~femi Falana by NOETHNICITY(m): 6:45am On Jan 28, 2019
BigIyanga:

STFU. Buhari doesnt the power to remove the CJN!! It’s a co-equal branch of the govt
All animals are equal, but some are more equal than others - George Orwell

1 Like

Re: Appeal Court Cannot Make An Order Stopping CCT From Sitting~femi Falana by Venerable612(m): 6:49am On Jan 28, 2019
wirinet:
In the judgement of justice Onnoghen in 2012, the CCT has exclusive jurisdiction to try code of conduct violations, and the CCT also has powers to mete out punishments to violators.


It is still an inferior court of record. They enjoy exclusive jurisdiction - means - they are the only court that can hear the matter at First Instance.

but this does not mean they are not subject to the higher courts - in respect of Court Jurisdiction. In a sane country - where the legal system functions properly - if a higher court grants a stay of proceedings on a lower court - It Stays!

It’s a ritual - it’s just the same way a commander can ask his subordinates to keep matching against the wail - you don’t question it no matter how absurd.

So any refusal from the CCT to honour orders from the CoA is a slap on our Judicial system and to the Nigerian constitution which gives authority to the hierarchy of courts.
Re: Appeal Court Cannot Make An Order Stopping CCT From Sitting~femi Falana by jaxxy(m): 6:50am On Jan 28, 2019
Stalwert:
[s][/s]


Shhh!!! Worker of inequity!!! Onnoghen was rapidly destroying the judiciary by overloading the system with illegal and useless injuctions against the CCT. The CCT sought protection from a Corrupt CJN who is using the entire judicial system to protect himself. If you cannot get that please just log out and stop wasting space on the server that which is paid for and you use free of charge.

And ur buhari isn’t shielding his corrupt boys with several allegations against them? Effcc also refusing to investigate them cos they are buharis men? What do u have to say about that mr iniquity?? Shameless people. U buhari supporters need help


How can I man who shields several corrupt people be fighting corruption how? This is just a game plan by Apc.
Re: Appeal Court Cannot Make An Order Stopping CCT From Sitting~femi Falana by AngelicBeing: 6:55am On Jan 28, 2019
martowskin1:
U guys can burn the country to the ground, just give me little time.. I go soon find my way out....

Zoo called Nigeria.....
Gbam, run and flee from the useless shithole jungle grin

1 Like

Re: Appeal Court Cannot Make An Order Stopping CCT From Sitting~femi Falana by Yomboy4ever(m): 7:18am On Jan 28, 2019
sarrki:
This are real lawyers


Not charge and bail ipobpiggs quack carpenters that call themselves lawyer..

1 Like 1 Share

Re: Appeal Court Cannot Make An Order Stopping CCT From Sitting~femi Falana by wirinet(m): 7:20am On Jan 28, 2019
Venerable612:


It is still an inferior court of record. They enjoy exclusive jurisdiction - means - they are the only court that can hear the matter at First Instance.

but this does not mean they are not subject to the higher courts - in respect of Court Jurisdiction. In a sane country - where the legal system functions properly - if a higher court grants a stay of proceedings on a lower court - It Stays!

It’s a ritual - it’s just the same way a commander can ask his subordinates to keep matching against the wail - you don’t question it no matter how absurd.

So any refusal from the CCT to honour orders from the CoA is a slap on our Judicial system and to the Nigerian constitution which gives authority to the hierarchy of courts.

Exactly. But why was justice Onnoghen running to various courts of the same hierarchy to get various injunctions and rulings? He even went to the industrial court to get a judgement.

Now, how can the appeal court grant Onnoghen a judgement without there first being a ruling at the code of conduct Tribunal. I thought appeal court can only appeal a judgement of a lower court. But an appeal was heard even before the case at the CCT commenced, so based on what ruling did the appeal court based it's orders on?

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Re: Appeal Court Cannot Make An Order Stopping CCT From Sitting~femi Falana by akdjr(m): 7:27am On Jan 28, 2019
At the level of CJN career, I expected him to have just resigned honourably.

1 Like 1 Share

Re: Appeal Court Cannot Make An Order Stopping CCT From Sitting~femi Falana by Venerable612(m): 7:52am On Jan 28, 2019
wirinet:


Exactly. But why was justice Onnoghen running to various courts of the same hierarchy to get various injunctions and rulings? He even went to the industrial court to get a judgement.

Now, how can the appeal court grant Onnoghen a judgement without there first being a ruling at the code of conduct Tribunal. I thought appeal court can only appeal a judgement of a lower court. But an appeal was heard even before the case at the CCT commenced, so based on what ruling did the appeal court based it's orders on?

Very true on this point bro.

The CJN has clearly committed a crime: to which he already admits. I imagine he doesn’t want to be prosecuted for it... which is typical of most high ranking public officials. But as the head of the Nigerian Judiciary - he has a higher burden - and I believe he should be prosecuted and made an example to others.

My only reservation is the manner in which the president has gone about it. With the level of public outcry - it could still have achieved the same end if he had gone through the NJC before the CCT.

The constitution is the grundnorm and he has just set a bad precedent - that future leaders can disregard the clear content of the constitution as long as they achieve their aim.

The CCT cannot give a Order for the president to suspend a CJN.

At best - it could have just ordered the CJN to step aside from his position pending the conclusion of his trial. If the CJN then refused - the whole shame will be on him - which will tarnish his imagine and reputation.
Re: Appeal Court Cannot Make An Order Stopping CCT From Sitting~femi Falana by Neoteny(m): 8:01am On Jan 28, 2019
Stalwert:
[s][/s]


Shhh!!! Worker of inequity!!! Onnoghen was rapidly destroying the judiciary by overloading the system with illegal and useless injuctions against the CCT. The CCT sought protection from a Corrupt CJN who is using the entire judicial system to protect himself. If you cannot get that please just log out and stop wasting space on the server that which is paid for and you use free of charge.

No wonder the server is always crashing and timing out.

So it's idiots like that guy that overload it with trashy comments
Re: Appeal Court Cannot Make An Order Stopping CCT From Sitting~femi Falana by Neoteny(m): 8:02am On Jan 28, 2019
Jonathan:

You’re in pains .
You’re in severe pains cheesy

You're not saying it right:

He's in sifia pain.

1 Like

Re: Appeal Court Cannot Make An Order Stopping CCT From Sitting~femi Falana by Neoteny(m): 8:06am On Jan 28, 2019
martowskin1:
U guys can burn the country to the ground, just give me little time.. I go soon find my way out....

Zoo called Nigeria.....

You won't be welcome anywhere

Don't you read the news? Anti immigration is the new nationalist fad.
Re: Appeal Court Cannot Make An Order Stopping CCT From Sitting~femi Falana by Jonadull: 8:06am On Jan 28, 2019
Neoteny:


You're not saying it right:

He's in sifia pain.
grin

1 Like

Re: Appeal Court Cannot Make An Order Stopping CCT From Sitting~femi Falana by ivandragon: 8:08am On Jan 28, 2019
A lot of people are obviously, wilfully ignorant of how certain processes concerning government works.

1. The Legislature, Executive & Judiciary are co-equal arms of government & the tripod upon which democracy stands.

2. They are independently co-dependent in the sense that they must work together & check the excesses of each other, but they must also retain enough independence that one does not unilaterally impose on the other.


3. The CCB & by extension, the CCT is an appendage of the Executive & is fully controlled by the Presidency (it's quasi-judicial arm). So PMB obeying the so called CCT order is akin to him giving himself a court order to obey. The CCT can write anything the president wants, how he wants, when he wants. So already, there is a strong element of bias...


4. To those who say the NJC meeting was suspended by onnoghen, they must realise that the NJC council is the equivalent of the FEC meetings. If PMB cancels FEC meeting, it's no big deal. So if onnoghen cancels the NJC meeting, it's much ado about nothing. BUT...

5. The NJC council, can still meet with or without the CJN, same way the FEC can convene in the absence of the president of there is a need to. So the argument that because the CJN heads NJC he would have frustrated issues is only half the truth.
Re: Appeal Court Cannot Make An Order Stopping CCT From Sitting~femi Falana by dam1l0la: 8:11am On Jan 28, 2019
Stop crying na
Once Afonja and Hausa vote for him, you can go and die na

IloveToMess:
Before what on earth do sane Nigerians expect from this tribe called Afonja?, of course anything to support the lifeless one is a task that must be carried out with due diligence. I swear any other tribe that votes for Buhari is not worthy of respect.

Afonjas quote me and die young....
Re: Appeal Court Cannot Make An Order Stopping CCT From Sitting~femi Falana by Foolishbuhari: 8:39am On Jan 28, 2019
bcashy:



This one is in cifia pain lol.

Foolishbuhari na ur boss any day........lol......as e dey pain u...e dey sweet is !!!

Lol if I hear... Na una when dey spin stories about sef nai dey in sivia pains hahaha

BTW buhari na ur Oga ooo no be me cheesy grin
Re: Appeal Court Cannot Make An Order Stopping CCT From Sitting~femi Falana by luluosas(m): 9:00am On Jan 28, 2019
I thought they say ignorance is not an excuse before the law, what about forgetfulness?
naijapips04:


so Buhari had to abandon the constitution in order to suspend him? read what u wrote again. does it make sense to you?

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