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Nairaland Forum / Nairaland / General / Politics / Buhari Didn’t Need NJC To Appoint Me – Acting CJN (20308 Views)
Cct Trial: Allow Njc To Decide Onnoghen’s Fate, Nba Begs Fg / Just In: NJC Gives Onnoghen, Acting CJN Tanko 7 Days To Respond To Petitions / Agbakoba Makes Revelation About Tanko Muhammed, Acting CJN Appointed By Buhari (2) (3) (4)
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Re: Buhari Didn’t Need NJC To Appoint Me – Acting CJN by spafu(m): 8:50am On Mar 18, 2019 |
MetaPhysical: 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. Is Onoghen unable to performed or is been prevented from performing by his removal? |
Re: Buhari Didn’t Need NJC To Appoint Me – Acting CJN by Nobody: 8:54am On Mar 18, 2019 |
Mr CJN I declare your appointment as Inconclusive! |
Re: Buhari Didn’t Need NJC To Appoint Me – Acting CJN by dante0147: 9:04am On Mar 18, 2019 |
NigeriaDecides: They tried using nylon but it did not work so they had to go in raw and bleeped is hard |
Re: Buhari Didn’t Need NJC To Appoint Me – Acting CJN by adanny01(m): 9:06am On Mar 18, 2019 |
MRSALT: No CJN whether substantive or acting can perform the duties of that office without being sworn in by the President or acting president. When a CJN is due to retire, the NJC makes its recommendation but if the president stays action until the tenure of the CJN expires, the next most senior judge must be sworn in in acting capacity even if he was not recommended by the NJC. NJC only recommends appointment of substantive CJN but that of acting is automatic to the most senior judge. Therefore, president didnt appoint the acting CJN, he only swore him into office. Note that it is not just by retirement that a CJN leaves office, there is death, resignation and removal by criminal conviction. In these situations, the NJC does not have the time convenience to recommend since there can be no vacuum in the office, the next must senior judge is sworn in immediately. Technically, the president did not remove Onnoghen nor appointed Tanko Mohammed, the CCT removed Onnoghen and the appointment of Tanko Mohammed was automatic by the constitution. 3 Likes 1 Share |
Re: Buhari Didn’t Need NJC To Appoint Me – Acting CJN by nameo: 9:13am On Mar 18, 2019 |
MetaPhysical: Do you actually understand what you are quoting Or you are just been mischievous |
Re: Buhari Didn’t Need NJC To Appoint Me – Acting CJN by senatordave1(m): 9:33am On Mar 18, 2019 |
adanny01:Sheer brilliance 2 Likes |
Re: Buhari Didn’t Need NJC To Appoint Me – Acting CJN by Nnabugwu8590: 9:36am On Mar 18, 2019 |
adanny01:Does CCT have constitutional power to suspend Onnoghen on his trial that he is yet to be found guilty? |
Re: Buhari Didn’t Need NJC To Appoint Me – Acting CJN by Nnabugwu8590: 9:43am On Mar 18, 2019 |
adanny01:Does CCT have constitutional power to suspend Onnoghen on his trial that he is yet to be found guilty? |
Re: Buhari Didn’t Need NJC To Appoint Me – Acting CJN by id911(m): 10:00am On Mar 18, 2019 |
Nnabugwu8590: He won't answer you convincingly because these guys defecate on their laws and constitution just to suit their objective. Pathetic!! If, God willing, I leave this country, I may never come back 1 Like |
Re: Buhari Didn’t Need NJC To Appoint Me – Acting CJN by banio: 10:15am On Mar 18, 2019 |
The law is an ass |
Re: Buhari Didn’t Need NJC To Appoint Me – Acting CJN by buhariguy(m): 10:35am On Mar 18, 2019 |
chriskosherbal:Next level |
Re: Buhari Didn’t Need NJC To Appoint Me – Acting CJN by Laid2001: 10:49am On Mar 18, 2019 |
The Appeal court said so. Onnoghen lost his appeal at the appeal court. Nnabugwu8590: 1 Like |
Re: Buhari Didn’t Need NJC To Appoint Me – Acting CJN by Ihateyoumod: 11:12am On Mar 18, 2019 |
Kdon2: because my opinion doesn't suit u......go to hell!, Mr moribund |
Re: Buhari Didn’t Need NJC To Appoint Me – Acting CJN by OGHENAOGIE(m): 11:14am On Mar 18, 2019 |
MetaPhysical:u think na every senator de ass lick d president...we ll be waiting for April 23rd wen agbakoba said Buhari has subverted d supreme court una de shout |
Re: Buhari Didn’t Need NJC To Appoint Me – Acting CJN by ashjay001(m): 11:17am On Mar 18, 2019 |
klas: The question should be, will a hostile NJC, inaugurated by d suspended CJN, Onnoghen, recommend Tanko, as d substantiative CJN? The same law said, u can't re-appoint an acting CJN, whose 3mnths acting period has expired. |
Re: Buhari Didn’t Need NJC To Appoint Me – Acting CJN by ashjay001(m): 11:19am On Mar 18, 2019 |
author=Vickthore post=76754612] I'm not deceiving myself o, just noting something ni |
Re: Buhari Didn’t Need NJC To Appoint Me – Acting CJN by Xisnin(m): 11:36am On Mar 18, 2019 |
MetaPhysical:The constitution didn't say a PDP man cannot lead the Senate. It is the duty of the executive to have informed the Senate of its decision before suspending the CJN. The suspension of Onoghen is illegal because neither the CCT chairman or Buhari have such powers. |
Re: Buhari Didn’t Need NJC To Appoint Me – Acting CJN by adanny01(m): 12:10pm On Mar 18, 2019 |
Nnabugwu8590: No they dont with respect to the fact that they have not tried him and found him guilty. What the Constitution allow the CCT to do is to try him, if found guilty, punish him. The prescribed punishment may be removal from office, ban from public office and forfeiture of the assets in question. However, in my opinion, this is a major lacuna that our constitution does not envisage. The CCT even has the right to remove the president. The question is how can they try the president in court when he has immunity? How can the CCT try the head of Judiciary when his case could reach his own court. Besides, the CJN deployed illegal evasion tactics. Judges also depend on morality to perform their duties, sitting in the dock erodes the CJNs moral right to head the judiciary. Unfortunately for him, he morally tried and convicted himself by accepting the charges but refusing to be docked. All these are not excuse for the CCT to do what they are not empowered to do constitutionally. The question would have been, what if the CJN is not guilty. He lost out on that question because he agreed on record to the charges. The next question is, is this not a bad precedence? Yes it is because any president could trump up frivolous charges aimed at removing the head of the judiciary. My opinion is that it may not work next time especially because this CJN admitted guilt and set himself up for the treatment he got. Probably, if Onnoghen didnt admit to forgotten those accounts, he would not have been disgraced out. CCT did wrong but in good faith. I think the CCT act should be amended to add suspension for a specific period and his case must be concluded within that period. This is to prevent doing this to a CJN that isnt guilty and even if its done, it will give the CJN the right to challenge and win move on in the office. We all know this CJN isnt coming back since his suspension is indefinite. |
Re: Buhari Didn’t Need NJC To Appoint Me – Acting CJN by gare(f): 1:43pm On Mar 18, 2019 |
dante0147: Most people don't know the implications of the illegal acts of the President, if it can be proved that the CJN appointment is not backed by Law, all his activities, appointments and judgments will be null and void. Which will lead to serious judicial and constitutional issues 1 Like |
Re: Buhari Didn’t Need NJC To Appoint Me – Acting CJN by AK481(m): 2:04pm On Mar 18, 2019 |
MetaPhysical: what of paragraph 5 of 231 (4). his tenure without confirmation of senate and recommendation of NJC ceases after 3 months. |
Re: Buhari Didn’t Need NJC To Appoint Me – Acting CJN by Larryndelaw: 3:08pm On Mar 18, 2019 |
DeOTR:If you look at it carefully. The man did not appoint himself as an acting CJN. Your question and concerns should be directed to whoever appoints him. The position of CJN cannot be vacant. |
Re: Buhari Didn’t Need NJC To Appoint Me – Acting CJN by americanigga(m): 3:30pm On Mar 18, 2019 |
DeOTR: don't be foolish, was it the president that suspended him or the tribunal? 1 Like |
Re: Buhari Didn’t Need NJC To Appoint Me – Acting CJN by sirpekun: 4:02pm On Mar 18, 2019 |
Acting CJN Justice Mohammed Tanko – “Walter Onnoghen remains the CJN” The Acting Chief Judge of Nigeria CJN, Justice Mohammad Tanko in a recent statement has affirmed that the suspended Justice Walter Onnoghen still remain the CJN of the country. Justice Mohammad Tanko in his statement made it known that he would step aside once the ruling of the Code of Conduct Tribunal CCT is favourable to Justice Walter Onnoghen. This recent statement from Mohammad Tanko comes as a response to the query given to him by the Nigerian Judicial Commission NJC. Check out https://idonsabi.com/acting-cjn-justice-mohammed-tanko-walter-onnoghen-remains-the-cjn/ to read more Cc @Lalasticlala americanigga: |
Re: Buhari Didn’t Need NJC To Appoint Me – Acting CJN by Deepthoughts: 5:51pm On Mar 18, 2019 |
Hedonisst:It's you that is getting it wrong,he quoted that section of the constitution to show that buhari remove onnoghen illegally n except the NJC chooses to be cowards, onnoghen's removal shouldn't stand for it is said that you can't place something on nothing,due process was never followed because the whole saga was born out of malicious premeditations. |
Re: Buhari Didn’t Need NJC To Appoint Me – Acting CJN by Deepthoughts: 5:57pm On Mar 18, 2019 |
MetaPhysical:I don't know how you guys are interpreting the section of the constitution that you are responding to,that section clearly outline how buhari's removal of onnoghen under whatever guise without the Senate approval was grossly illegal n you are referring to saraki,what for? |
Re: Buhari Didn’t Need NJC To Appoint Me – Acting CJN by Kdon2: 8:52pm On Mar 18, 2019 |
Ihateyoumod: |
Re: Buhari Didn’t Need NJC To Appoint Me – Acting CJN by Nobody: 9:14pm On Mar 18, 2019 |
dante0147:ur mumu no b for hia. 1 Like 1 Share |
Re: Buhari Didn’t Need NJC To Appoint Me – Acting CJN by MetaPhysical: 10:24pm On Mar 18, 2019 |
Xisnin: When crime is commited against the country, the President has right to intervene as necessary and protect law and values. The President has right to order arrest if he believes not doing so is dangerous for security and value system. Im not sure you guys truly appreciate the power in a President's hand. You have been coded by foreign media to view your president from an angle of human rights. If your president tells you he will shut down internet gateway into the country, a prerogative granted to him by constitution, you call it human rights violation. You all have no clue. Study your constitution from cover to cover and understand the powers spelt out in it. Imagine also the powers that are not spelt out but which the president can utilize simply because it is not a forbidden act by the constitution. I should start a political class on this forum and coach the hidden powers of statutes. |
Re: Buhari Didn’t Need NJC To Appoint Me – Acting CJN by bkool7(m): 11:11pm On Mar 18, 2019 |
tempest01: Which power? So you wouldnt see anything out of place for the CJN to be attending to his criminal matters while still in office? Somebody had to do something . Call it doctrine of necessity. The CJN has no immunity . These judges are just trying to exploit the lacuna ridden constitution to suit their excess |
Re: Buhari Didn’t Need NJC To Appoint Me – Acting CJN by bkool7(m): 11:13pm On Mar 18, 2019 |
Deepthoughts: You need to check out the meanings of removal and suspension first and come tell us if they're same |
Re: Buhari Didn’t Need NJC To Appoint Me – Acting CJN by Xisnin(m): 11:30pm On Mar 18, 2019 |
MetaPhysical:Any constitutional provision to back up your point? What the president believes is immaterial. The CJN is not some terrorist threatening to nuke Nigeria and the constitution does not allow Buhari or the CCT chairman to unilaterally remove him. Even in the wake of 9/11 attacks in the US, the patriot act had to be enacted to give the executive the power to take extra-constitutional actions against perceive enemies.
You have been conditioned to think of presidents as emperors who can do whatever they want. The function of the legislatures and judiciaries is to checkmate executive powers. Did you miss this aspect of the political class? If the country laws allow Buhari to do whatever he wants, then there is no point paying senators and judges for doing nothing. You talk about foreign media as if our system of government was a result of designs and debates by Nigerians. Every aspect of our current government is copied from the "foreigners" you probably think are clueless. If Buhari wants dictatorial powers, let him go to the Senate and ask for it. It doesn't matter if the constitution doesn't forbid an action, the judiciary can rule against such action or the lawmakers legislate against it. I notice that you are conflating constitutional violations with human rights when they are not the same. Of course, a constitutional violation can be a human right issue but not all human right issue is a constitutional violation. You probably think that Buhari's violation of the constitution is a sign that he has unlimited power. |
Re: Buhari Didn’t Need NJC To Appoint Me – Acting CJN by Deepthoughts: 6:03am On Mar 19, 2019 |
bkool7:It's you that need to do some checkings,that section clearly states that whatever is the circumstances whether removal or suspension n for whatever reason,the Senate approval must be sought before any action can be taken against the CJ,but I see you are clearly been mischievous. |
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