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;

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?

Mr CJN I declare your appointment as Inconclusive!

NigeriaDecides:
I hope they used condom

They tried using nylon but it did not work so they had to go in raw and bleeped is hard

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.

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.

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;

Do you actually understand what you are quoting Or you are just been mischievous

adanny01:


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.

Sheer brilliance

adanny01:


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.

Does CCT have constitutional power to suspend Onnoghen on his trial that he is yet to be found guilty?

adanny01:


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.

Does CCT have constitutional power to suspend Onnoghen on his trial that he is yet to be found guilty?

Nnabugwu8590:

Does CCT have constitutional power to suspend Onnoghen on his trial that he is yet to be found guilty?

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

The law is an ass

chriskosherbal:
The question is were are we going to in this country .



See signature .

Next level

The Appeal court said so.
Onnoghen lost his appeal at the appeal court.

Nnabugwu8590:

Does CCT have constitutional power to suspend Onnoghen on his trial that he is yet to be found guilty?

Kdon2:


You have a moribund mind

because my opinion doesn't suit u......go to hell!, Mr moribund

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.

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

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
”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.

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.

author=Vickthore post=76754612]

I'm not deceiving myself o, just noting something ni

MetaPhysical:


Saraki is a PDP man and the President of Senate. Was there a floor vote and how did the floor vote to reach the 2/3 majority? This question is for Saraki. The constitution has spoken!

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.

Nnabugwu8590:

Does CCT have constitutional power to suspend Onnoghen on his trial that he is yet to be found guilty?

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.

dante0147:
Apc and Buhari has raped our Judiciary system !

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

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;

what of paragraph 5 of 231 (4).

his tenure without confirmation of senate and recommendation of NJC ceases after 3 months.

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.

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.

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.

don't be foolish, was it the president that suspended him or the tribunal?

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:


don't be foolish, was it the president that suspended him or the tribunal?

Hedonisst:


You're just quoting sections of the Constitution without reading what you're quoting.

What role did the Senate (two thirds majority) play in the so-called suspension of the CJN, for so-called misconduct, as required by the Constitution?

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.

MetaPhysical:


Saraki is a PDP man and the President of Senate. Was there a floor vote and how did the floor vote to reach the 2/3 majority? This question is for Saraki. The constitution has spoken!

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?

Ihateyoumod:


because my opinion doesn't suit u......go to hell!, Mr moribund

dante0147:
Apc and Buhari has raped our Judiciary system !

ur mumu no b for hia.

Xisnin:

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.

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.

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?

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

Deepthoughts:
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?

You need to check out the meanings of removal and suspension first and come tell us if they're same

MetaPhysical:


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.

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.

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.

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.

bkool7:


You need to check out the meanings of removal and suspension first and come tell us if they're same

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.