You can never be associated with Buhari and reason rationally.You must be associated with illegality or the most absurd of all stupidity.

[quote author=MetaPhysical post=76752174]

Chapter VII, Part1, Section A,

292. (1) A judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances -

(a) in the case of -

(i) Chief Justice of Nigeria, President of the Court of Appeal, Chief Judge of the Federal High Court, Chief Judge of the High Court of the Federal Capital Territory, Abuja, Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja and President, Customary Court of Appeal of the Federal Capital Territory, Abuja, by the President acting on an address supported by two-thirds majority of the Senate.


...Praying that he be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct;


Hahaha, "for misconduct or contravention of the code of conduct " only in Nigerian court will an accussed be guilty before trial. A cct that has not sat twice had determined that a cjn contravened ccb. Black man who do you this?

A failed state always have rooms full of excuses to manipulate their ways all the time. Its shameful on the part of the judiciary & the presidency.

Shame!!! A lot of nairaland SANs don't know that a court or tribunal can remove anybody from a position IF he or she violate the procedure leading to his or her appointment

MetaPhysical:


Chapter VII, Part1, Section A,

292. (1) A judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances -

(a) in the case of -

(i) Chief Justice of Nigeria, President of the Court of Appeal, Chief Judge of the Federal High Court, Chief Judge of the High Court of the Federal Capital Territory, Abuja, Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja and President, Customary Court of Appeal of the Federal Capital Territory, Abuja, by the President acting on an address supported by two-thirds majority of the Senate.


...Praying that he be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct;

MRSALT:
Then Tanko should explain the section of the constitution that authorise the President to appoint acting CJN. We all know that acting CJN comes into office upon the retirement of the substantive CJN and there is no provision in the constitution for the President to appoint whether acting or substantive CJN without the approval of NJC.

Senior Advocate of Nairaland

Reference:
You can see how the.black man pisses in the cup his needs to drink from tomorrow. You can see how the black man truncates his future. You can see how this government destroys institutions.

For such a learned man not to be able to grasp the import of what he says let alone what he does is just mind numbing... then he wants to preside over other jurists amd pass judgements in accordance to the laws he cannot keep himself...

Nigeria is just a trajic comedy.

It's actually worse sir

Base on the quoted section president Buhari has exhausted his constitutional power he rallied on suspending and appointing the acting cjn on 23 April next month which the constitution approves
so what next
If the appeal court and cct fail to convict the
Suspended cj

Jalinco:
Shame!!! A lot of nairaland SANs don't know that a court or tribunal can remove anybody from a position IF he or she violate the procedure leading to his or her appointment

Matters of procedural deviation is generally classed as "infractions". This is when a Judge's Court is out of process. Such infractions will be reported to NJC for review. In matters of criminality or unethical conduct in violation of standing law....the Judge will face prosecution as if he was a private citizen. The constitution states this clearly, although it is done in legal-speak.

Even when showing some people the sections of the constitution tht empowers the president to do what he did. Them still dey argue...na wa o...The problem with us southerners is tht we think we r smarter than these northerners, we think we r wiser, we r literate, they r abokis. Until we stop under rating them, they will keep playing a smart one on us

dedollarman:
Base on the quoted section president Buhari has exhausted his constitutional power he rallied on suspending and appointing the acting cjn on 23 April next month which the constitution approves
so what next
If the appeal court and cct fail to convict the
Suspended cj

He cannot extend appointment of an acting CJN at the expiration of three months. This is clear! The constitution does not "forbid" him from appointing the next most senior Justice to succeed the Acting position.

MetaPhysical:


Nothing stops the President from replacing him with the next most senior Justice. He will still get his 2/3 in Senate. Senators are looking for his goodwill and will dare not oppose him at this critical time in political transition.

Senators are looking for his Buhari's goodwill under Saraki's able leadership? Or is it the senators that lost reelection (who remain senators until May 29th) that are looking for Buhari's goodwill.

Have you forgotten that Saraki remains the Senate President until May 29th?

MetaPhysical:




Chapter VII, Part1, Section A, ,


230. (1) There shall be a Supreme Court of Nigeria.

(2) The Supreme Court of Nigeria shall consist of -
(a) the Chief Justice of Nigeria; and
(b) such number of Justices of the Supreme Court, not exceeding twenty-one, as may be prescribed by an Act of the National Assembly.

231. (1) The appointment of a person to the office of Chief Justice of Nigeria shall be made by the President on the recommendation of the National Judicial Council subject to confirmation of such appointment by the Senate.

(2) The appointment of a person to the office of a Justice of the Supreme Court shall be made by the President on the National Judicial Council subject to confirmation of such appointment by the senate.

(3) A person shall not be qualified to hold the office of Chief Justice of Nigeria or a Justice of the Supreme Court, unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than fifteen years.

(4) If the office of Chief Justice of Nigeria is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office, or until the person holding has resumed those functions, the President shall appoint the most senior Justice of the Supreme Court to perform those functions.

(5) Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions of subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment, and the President shall not re-appointment a person whose appointment has lapsed.

No wonder. We're on a waiting game

The NJC, is planning to wait out the 3months. Odili, might end up as acting CJN

Probably, what that looting camp, are hoping on

Ihateyoumod:
Even when showing some people the sections of the constitution tht empowers the president to do what he did. Them still dey argue...na wa o...The problem with us southerners is tht we think we r smarter than these northerners, we think we r wiser, we r literate, they r abokis. Until we stop under rating them, they will keep playing a smart one on us

You have a moribund mind

I hope they used condom

dante0147:
Apc and Buhari has raped our Judiciary system !

Osyxcel:


With regards to sub-section 5 above, let's wait till April 23. If the court continues to adjorn, it's the loss of the acting CJN.

MetaPhysical:


Nothing stops the President from replacing him with the next most senior Justice. He will still get his 2/3 in Senate. Senators are looking for his goodwill and will dare not oppose him at this critical time in political transition.

ashjay001:


No wonder. We're on a waiting game

The NJC, is planning to wait out the 3months. Odili, might end up as acting CJN

Probably, what that looting camp, are hoping on

What will happen on April 23? If by then, the court has not decided on Onnoghen case for him to be removed or reinstated, Tanko WILL be re-appointed as the Acting CJN.

The only further requirement for Tanko to be re-appointed instead of anyone else is that NJC will now recommend him to the president as required by section 231(5) which you earlier quoted. Perhaps you missed this opening clause of that section which reads
”Except on the recommendation of the National Judicial Council,…”

The same scenario happened when Salami was suspended for more than 3 months. It is what Tanko meant in that his reply that NJC has no role in initial appointment of acting CJN but in renewals of such acting appointment.

Ihateyoumod:
Even when showing some people the sections of the constitution tht empowers the president to do what he did. Them still dey argue...na wa o...The problem with us southerners is tht we think we r smarter than these northerners, we think we r wiser, we r literate, they r abokis. Until we stop under rating them, they will keep playing a smart one on us

Well said! ...but dont generalize the Southerner term. Yorubas taught Northerners how to exploit loopholes and dodge the constitution.

For example, look at the following quote from the constitution directing the President on what he "shall" do...it is silent in this section and in subsection about the title that the replacement shall bear. It is explicit that the head of the judicial system shall be a Chief Justice of Nigeria. It never tells us what title to give an appointee occupying that position in the 3month short interval. So beside "Acting CJN", we could also use "Designated CJN", "Appointed CJN". It is an open choice for the President to use. That is example of a loophole.

(4) If the office of Chief Justice of Nigeria is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office, or until the person holding has resumed those functions, the President shall appoint the most senior Justice of the Supreme Court to perform those functions.

Hedonisst:


Senators are looking for his Buhari's goodwill under Saraki's able leadership? Or is it the senators that lost reelection (who remain senators until May 29th) that are looking for Buhari's goodwill.

Have you forgotten that Saraki remains the Senate President until May 29th?

They all plan to return in 2023. So there is an investment for them. Buhari on the hand has nothing to loose in a face off with any rebellious Senator, his term ends on this new victory...Thats it for Baba! Those with political sense...Saraki included, will tell you political wisdom and expediency calls for cooperation with the President in the short time left on the calendar.

klas:







What will happen on April 23? If by then, the court has not decided on Onnoghen case for him to be removed or reinstated, Tanko WILL be re-appointed as the Acting CJN.

The only further requirement for Tanko to be re-appointed instead of anyone else is that NJC will now recommend him to the president as required by section 231(5) which you earlier quoted. Perhaps you missed this opening clause of that section which reads
[bold] ”Except on the recommendation of the National Judicial Council,…” [/bold]

The same scenario happened when Salami was suspended for more than 3 months. It is what Tanko meant in that his reply that NJC has no role in initial appointment of acting CJN but in renewals of such acting appointment.

You are damn right! Many options are open for the President to move him forward or drop him. Even though what you stated is accurate and is a good process to circumvent the term limits on Tanko, I doubt Buhari will move him forward even on recommendation from NJC but who knows....we wait and discover. Thank you.

[quote author=DeOTR post=76752002]Of course, you're only an acting CJN and the suspended CJN is the substantive Chief Judge of the federation.
But the question is that the President has no power to suspend Mr Walter in such manner and that's why they're questioning your appointment as the acting CJN. You being the acting CJN is an illegality in itself. [/quote
They don't v to question his appointment but d suspension of ononghe by d presidency

hardeycute:
I laughed at you when you highlighted the section 4 and ignored the section 5

... And so, is it up to 3 months? Talk about DT by April 23

[quote author=ojikeebere12 post=76751488]The acting Chief Justice of Nigeria, Justice Tanko Muhammad, has claimed that President Muhammadu Buhari does not need the permission of the National Judicial Council to appoint him as the acting CJN.

Muhammad made the claim in response to a query given to him by the NJC, the body constitutionally empowered to recommend the appointment of chief justices and heads of courts.

A group, Centre for Justice and Peace Initiative, had written a petition to the NJC, asking the council to remove Muhammad as a justice of the Supreme Court for allowing himself to be sworn in by the President without recourse to the NJC.

In his response, however, Justice Muhammad said the NJC ought to be consulted only when a substantive CJN is being appointed or re-appointed.

He said, “In my respectful view, the National Judicial Council has no role to play in the appointment of an acting Chief Justice of Nigeria in the first instance, that is to say on first appointment. The council comes in where the appointment as the acting CJN is to be renewed or extended. I humbly refer to Section 231(4) of the 1999 Constitution.”

Muhammad noted that Justice Walter Onnoghen remained the substantive CJN, adding that the latter was only suspended.

The acting CJN said if the Appeal Court or the Code of Conduct Tribunal reversed Onnoghen’s suspension, he would immediately step aside and return to his former position as a justice of the Supreme Court.

He added, “It was for the larger interest of the judiciary and the constitutionality that I accepted to be sworn in as acting CJN with the conviction that if the order of January 23, 2019 is eventually set aside, the status quo would be restored.

“But before it is set aside, there should be no vacuum in the office of the CJN and the chairman of the NJC.”

Recalling how he was sworn in by the President, Muhammad said he was summoned to the Presidential Villa by Buhari and shown the certified true copy of a motion ex parte granted by the CCT and signed by its Chairman, Danladi Umar.

He said, “On January 25, 2019, I was summoned to the Aso Villa at the instance of the President. Prior to the summons, I was not aware of the fact that the Code of Conduct Tribunal made any order on January 23, 2019.

“Furthermore, beyond what I read in the newspapers and watched on the television just like any other Nigerian, I was not privileged to see any of the processes filed by the parties before the tribunal. Hence, I could not really appreciate the merit or demerit of divergent positions.

“On the 25th day of January, the President swore me in as the acing CJN and not as the substantive CJN. Justice Walter Onnoghen remains the CJN until he is removed from office in accordance with the provision of the constitution. He is only suspended.”

He, however, said he had nothing to do with the speech delivered by the President wherein the latter accused Onnoghen of frustrating his anti-corruption war.

Muhammad admitted that he was a member of the NJC panel that removed Justice Obisike Orji of the Abia State High Court for accepting to be sworn in as chief judge by the Abia State Government without a recommendation of the NJC.

He, however, said his own case was different because he was only appointed as an acting CJN.

Muhammad further stated that the substantive head of the judiciary had been suspended by a valid court order which made it right for him to take over in acting capacity.

The acting CJN therefore appealed to the NJC to dismiss the petition written against him.
We all know that this obstinate man called Tanko mohammed would do every thing possible to please his master and remainin office we therefore use this medium to compel the Njc to wield and exercise all there constitutional jurisdiction to remove that puppet planted by buhari and his cohorts to rig election and deny the masses and the good people of nigeria there mandate to elect a competent leader, so should Tanko remain there if suspended by the NJC then the masses will protest against his selfish ambition.

MetaPhysical:
This thread is good for trivia.

If you spell CJN backward it yields NJC.

We love confrontation and conflicts. This is why there is chaos everywhere you look. We do a poor job of politics and politicking. The Acting CJN is correct that the President does not need the Judicial Council to approve an Executive action but he could have done better than just blurting that out.

Really?? So the Executive arm can just suspend the Head of the Judical Arm and then Pick anyone to be the Head of the Judicial arm without consulting anyone?

So what u mean is the Judicial arm literally has no power, it is at the mercy of the Executive.

Support ur claim with any fact or law.....cos its hard to believe, that the President can just appoint an Acting-CJN without running it tru anyone.

MetaPhysical:




Chapter VII, Part1, Section A, ,


230. (1) There shall be a Supreme Court of Nigeria.

(2) The Supreme Court of Nigeria shall consist of -
(a) the Chief Justice of Nigeria; and
(b) such number of Justices of the Supreme Court, not exceeding twenty-one, as may be prescribed by an Act of the National Assembly.

231. (1) The appointment of a person to the office of Chief Justice of Nigeria shall be made by the President on the recommendation of the National Judicial Council subject to confirmation of such appointment by the Senate.

(2) The appointment of a person to the office of a Justice of the Supreme Court shall be made by the President on the National Judicial Council subject to confirmation of such appointment by the senate.

(3) A person shall not be qualified to hold the office of Chief Justice of Nigeria or a Justice of the Supreme Court, unless he is qualified to practice as a legal practitioner in Nigeria and has been so qualified for a period of not less than fifteen years.

(4) If the office of Chief Justice of Nigeria is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to and has assumed the functions of that office, or until the person holding has resumed those functions, the President shall appoint the most senior Justice of the Supreme Court to perform those functions.

(5) Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions of subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment, and the President shall not re-appointment a person whose appointment has lapsed.

Interesting...

[quote author=ashjay001 post=76753632]

No wonder. We're on a waiting game

The NJC, is planning to wait out the 3months. Odili, might end up as acting CJN

Probably, what that looting camp, are hoping on[/quote
Be deceiving itself, APC can't make such mistake. Wen no under duress , to a point a PDP apologist?

tuniski:
So many acts of tyranny always sugar coated and tolerated/swallowed by gullible citizens. I pray for the sake of our nation the NJC rise up.

Buhari said Onnoghen is frustrating his CORRUPTION war??

MRSALT:
Then Tanko should explain the section of the constitution that authorise the President to appoint acting CJN. We all know that acting CJN comes into office upon the retirement of the substantive CJN and there is no provision in the constitution for the President to appoint whether acting or substantive CJN without the approval of NJC.

What of a case of sudden illness requiring leave of work?does the constitution provide for such a scenario?

The President did not appoint him,by law he is meant to fill the void if there is a vacuum in the office of the CJ.

dedollarman:
Base on the quoted section president Buhari has exhausted his constitutional power he rallied on suspending and appointing the acting cjn on 23 April next month which the constitution approves
so what next
If the appeal court and cct fail to convict the
Suspended cj

Buhari will appoint the next most senior judge, the guy from lagos vivour

DeOTR:
Of course, you're only an acting CJN and the suspended CJN is the substantive Chief Judge of the federation.
But the question is that the President has no power to suspend Mr Walter in such manner and that's why they're questioning your appointment as the acting CJN. You being the acting CJN is an illegality in itself.

The NJC then should 'query' the president and not the acting CJN.

tempest01:
Yes I saw the clause in the constitution that allows Buhari luckily for tanko to swear him in without the NJC.

But the appeal court or cct to suspend the CJN? Where did they get the powers from?

The CCT has such powers, however, the powers is derived upon conviction which is among the punishment for breach of the CCT act.

I believe it was overreaching that the CCT ordered for suspension before trial instead of arrest warrant.

The CJN also f.cked up big time. He should have known better to preserve his name and the judiciary by stepping aside. He was advised wrongly.

They say two wrongs dont make a right but i believe they did this time.