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Buhari Writes Acting CJN On Appointment Of 5 Justices Of The Supreme Court - Politics (3) - Nairaland

Nairaland Forum / Nairaland / General / Politics / Buhari Writes Acting CJN On Appointment Of 5 Justices Of The Supreme Court (24684 Views)

Meet The 5 Justices Who Gave Apc’s Oyetola Victory At The Supreme Court / 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 Writes Acting CJN On Appointment Of 5 Justices Of The Supreme Court by deomelo: 3:08am On Jun 10, 2019
gare:


You can call it whatever you want, but who told you assumption doesn't come to reality


It's not true or any kind of reality as we speak, so, it's nothing but assumptions, rumour mongering and peddling.
Re: Buhari Writes Acting CJN On Appointment Of 5 Justices Of The Supreme Court by 9jaRealist: 3:21am On Jun 10, 2019
yns4real:
•Accepts Onnoghen's voluntary retirement from service as CJN

Garba Shehu
Senior Special Assistant to the President
(Media & Publicity)
June 9, 2019

Mr. Garba, the Constitution does NOT require the President to “accept” the resignation/retirement of the CJN for it to become effective.
>
Re: Buhari Writes Acting CJN On Appointment Of 5 Justices Of The Supreme Court by 9jaRealist: 3:48am On Jun 10, 2019
id911:

What is the difference between what I said and what you extracted and posted up there? My God! Who's wrong and who's right? I can't make any further comment again

YOU ARE RIGHT...

Not sure what the dude is going on about, but the appointment of Supreme Court justices (and the CJN) is made pursuant to the recommendation of the NJC. The process is three-fold: (1) the NJC makes a recommendation to the President; (2) the President makes a nominates an appointee to the Senate; and (3) the Senate then confirms (or rejects) the nominated candidate. [b]It is only after the Senate confirms a candidate that the Justice is deemed to be constitutionally appointed[/B] - and thereafter the appointee is sworn-in by the CJN (or the President, in the case of the CJN). Therefore, you are indeed correct that the President should have written to the NJC instead of the acting CJN, unless (and it was NOT so indicated) the President was actually trying to write to the NJC through the acting CJN (which is still procedurally INCORRECT since the NJC has a secretariat through which it should receive communications).

Furthermore, the Constitution merely provides for a Supreme Court “not exceeding” 21 justices. It does NOT require nor mandate that the Supreme Court have 21 justices (and usually the Supreme Court has about 15 or 16 justices). It is NOT the business of the President how many justices the Judicial branch (acting principally through the NJC) deem sufficient or suitable for the Supreme Court at any point in time (he who wears the shoe knows where it pinches), and this sort of wanton INTERFERENCE in the affairs of another CO-EQUAL branch of government is somewhat troubling. The Constitution does NOT provide for (nor anticipate) an IMPERIAL PRESIDENCY, with a President seeking to direct the affairs of, or issuing instructions to, the other CO-EQUAL branches of government (whether the National Assembly or the Supreme Court). This is slippery slope territory!
>

3 Likes

Re: Buhari Writes Acting CJN On Appointment Of 5 Justices Of The Supreme Court by Nobody: 3:50am On Jun 10, 2019
garfield1:

The njc will write to him.tanko is the Chirman of njc

But Tanko is not the NJC. That is his point. The NJC is a body. Tanko is an individual.

3 Likes 1 Share

Re: Buhari Writes Acting CJN On Appointment Of 5 Justices Of The Supreme Court by Nobody: 3:53am On Jun 10, 2019
9jaRealist:


YOU ARE RIGHT...

Not sure what the dude is going on about, but the appointment of Supreme Court justices (and the CJN) is made on recommendation by the NJC. The appointment process is three-fold: (1) the NJC makes a recommendation to the President; (2) the President makes a NOMINATION (NOT an appointment) to the Senate; and (3) the Senate confirms (or rejects) the nominated candidate. [B]It is only after the Senate confirms a nominated candidate that an APPOINTMENT is deemed to have been made[/B] - and then the appointee is sworn-in by the CJN (or the President, in the case of the CJN). Thus you are indeed correct that the President should have written to the NJC instead of the acting CJN (unless, even though it was NOT so indicated, the President was actually writing to the NJC through the acting CJN - which is still procedurally INCORRECT since the NJC has a secretariat through which it should receive communications).

Furthermore, the Constitution merely provides for a Supreme Court “not exceeding” 21 justices. It does NOT require nor mandate that the Supreme Court have 21 justices (and usually the Supreme Court has about 15 or 16 justices). It is NOT the business of the President how many justices the Judicial branch (acting primarily through the NJC) deem sufficient or suitable for the Supreme Court at any point in time (he who wears the shoe knows where it pinches), and this sort of wanton INTERFERENCE in the affairs of the other CO-EQUAL branches of government (whether the National Assembly or the Supreme Court) is somewhat troubling. The Constitution does NOT provide for (nor anticipate) an IMPERIAL PRESIDENCY, with a President issuing instructions to other CO-EQUAL branches of government (or otherwise seeking to direct their internal affairs and/or organization). This is slippery slope territory!
>


You have a brain and the virginity of your common sense has not been tampered with.

This man is killing our institution and we are looking. I sincerely hope we don't become like Sudan in the near future.

1 Like

Re: Buhari Writes Acting CJN On Appointment Of 5 Justices Of The Supreme Court by SOFTENGR: 4:27am On Jun 10, 2019
valentineuwakwe:
i just hope the five (5) additional judges will not be fulanis and Muslims
Just watch as they recommend 5 sharia court judges grin grin grin

1 Like

Re: Buhari Writes Acting CJN On Appointment Of 5 Justices Of The Supreme Court by cocolacec(m): 4:48am On Jun 10, 2019
valentineuwakwe:
i just hope the five (5) additional judges will not be fulanis and Muslims
The new judges will be selected from geopolitical zones from the retired Judges which created the vacuum in the first place.

1 Like 1 Share

Re: Buhari Writes Acting CJN On Appointment Of 5 Justices Of The Supreme Court by mu2sa2: 5:03am On Jun 10, 2019
id911:


That's why I said the reminder should have been addressed to NJC as an institution not Ag. CJN as an individual
Mr man what's your problem? A letter to the NJC will be addressed to " The chairman, Njc".

1 Like

Re: Buhari Writes Acting CJN On Appointment Of 5 Justices Of The Supreme Court by mu2sa2: 5:15am On Jun 10, 2019
specter:



You have brain and the virginity of your common sense has not been tampered with.

This man is killing our institution and we are looking. I sincerely hope we don't become like Sudan in the near future.
Point of correction: The Njc nominates to the president ,who appoints the justices, subject to the confirmation of the Senate. You people hate Buhari to the point that you cannot stomach his exercising the executive powers of the president of the federal republic of Nigeria. Please chill, God has placed Pmb in that office for now, otherwise you give yourself BP while the man keeps getting fresher and brighter every day.

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Re: Buhari Writes Acting CJN On Appointment Of 5 Justices Of The Supreme Court by 9jaRealist: 5:52am On Jun 10, 2019
>
Meanwhile, crucial point being overlooked is that the Supreme Court Act provides for a MAXIMUM of 15 Supreme Court justices!

Specifically, the Constitution provides in Section 230(2)(b) for any number of Supreme Court justices as may be prescribed by an Act of the National Assembly (but not to exceed 21). The relevant Act in this respect is the Supreme Court Act (Chapter S15, Laws of Nigeria 2004), which provides in the relevant part (Section 3 (1)) that “[t]he number of Justices of the Supreme Court shall NOT EXCEED fifteen” (emphasis added). In other words, the President’s letter (much as this ongoing discussion) appears mute and DOA. Abegi, who’s advising ASO Rock?

PS: Here’s the link to the Supreme Court Act on the website of the Federal Ministry of Justice, Abuja: http://lawnigeria.com/LawsoftheFederation/SUPREME-COURT-ACT.html
See also: http://www.nigeria-law.org/SupremeCourtAct.htm
>
Re: Buhari Writes Acting CJN On Appointment Of 5 Justices Of The Supreme Court by Abuleoshi: 6:39am On Jun 10, 2019
id911:
I'm I missing something? Is it not the NJC, through the FJSC, that normally recommend Justices to the President for appointment? Why is the President writing to the Ag CJN instead of NJC? I'm kinda confused here
... Yes you are missing something, your sense to read and understand!

1 Like

Re: Buhari Writes Acting CJN On Appointment Of 5 Justices Of The Supreme Court by Truthbites: 7:10am On Jun 10, 2019
The constitution must be amended. The appointment of Justices of SC must be done by the NJC or other bodies
Re: Buhari Writes Acting CJN On Appointment Of 5 Justices Of The Supreme Court by Truthbites: 7:13am On Jun 10, 2019
Section 3 of the Supreme Court Act says the number of Justices shall not exceed 15.

1 Like

Re: Buhari Writes Acting CJN On Appointment Of 5 Justices Of The Supreme Court by Nobody: 7:23am On Jun 10, 2019
mu2sa2:
Point of correction: The Njc nominates to the president ,who appoints the justices, subject to the confirmation of the Senate. You people hate Buhari to the point that you cannot stomach his exercising the executive powers of the president of the federal republic of Nigeria. Please chill, God has placed Pmb in that office for now, otherwise you give yourself BP while the man keeps getting fresher and brighter every day.

I don't know you, but out of my respect for you as human and a man, I will suggest husband you add value to yourself by acquiring understanding through books.

Sit down and acquire knowledge. Just add value to yourself and rise above social affiliations, religiousities and doctrinations.

Look at facts dispassionately, so each time you talk, you will be able to convince yourself you know exactly what you are saying.

Shalom.
Re: Buhari Writes Acting CJN On Appointment Of 5 Justices Of The Supreme Court by bigpicture001: 7:27am On Jun 10, 2019
ogunsj:
you didn't vote Buhari, but people like us did and you are not more Nigerian than us. 1000 supreme court judges from your village cannot stop Buhari from being your president for the next 4 yrs.

You choose to prsonalise your comments....honestly if i start with you, you wil sipmly run away
Re: Buhari Writes Acting CJN On Appointment Of 5 Justices Of The Supreme Court by agabusta: 8:42am On Jun 10, 2019
id911:
I'm I missing something? Is it not the NJC, through the FJSC, that normally recommend Justices to the President for appointment? Why is the President writing to the Ag CJN instead of NJC? I'm kinda confused here

Is the CJN not the chairman of the NJC? Who else is to initiate the process if not the Chairman?

Your comment was made just to say something on the 1st page.

And be informed that for a while, the Supreme court has not had a full complement of Justices. So instead of waiting for the NJC that is foot dragging and using only promotions to fill up vacant spaces at the Supreme court, the President has requested the Chairman of the NJC to fast track the process and ensure all available slots are filled up.
Re: Buhari Writes Acting CJN On Appointment Of 5 Justices Of The Supreme Court by Bash92(m): 8:49am On Jun 10, 2019
yns4real:



There is strict consideration of federal character in the appointment of justices of the Supreme Court. See the list of the current occupants of the posts
Just look at the names from 2015 till date, NORTHERNS. They will soon take over the Judiciary too.
Re: Buhari Writes Acting CJN On Appointment Of 5 Justices Of The Supreme Court by agabusta: 8:50am On Jun 10, 2019
valentineuwakwe:
i just hope the five (5) additional judges will not be fulanis and Muslims

Of course, they will be people of Northern origin. They have not yet filled their quotas. The supreme court as presently constituted has more Southerners.

Be informed ahead.
Re: Buhari Writes Acting CJN On Appointment Of 5 Justices Of The Supreme Court by agabusta: 8:53am On Jun 10, 2019
Yankee101:


Are you sure the legit votes for him where more than those agsinst him?

And the server which received all originally transmitted results was hurriedly changed?

Be dreaming


Server people, keep dreaming.
Re: Buhari Writes Acting CJN On Appointment Of 5 Justices Of The Supreme Court by agabusta: 8:54am On Jun 10, 2019
Built2last:
Scared

The current configuration of the supreme court doesn't favour Buhari in any case. Any vote on major cases will see Buhari losing.

The south has more justices in Supreme court. Not even the acting CJN can influence anything for Buhari easily.

The acting CJN seeing that he can't initiate that has used the presidency to initiate a letter. He will take over from there.

4 justices from the North loading

Since you confirmed yourself that Southerners are more, addition of more justices from the North should not be a concern. There must be equity.

The supreme court should be roughly 50/50 between the North and the South.
Re: Buhari Writes Acting CJN On Appointment Of 5 Justices Of The Supreme Court by Justiceleague1: 8:58am On Jun 10, 2019
Banana republic
D

1 Like

Re: Buhari Writes Acting CJN On Appointment Of 5 Justices Of The Supreme Court by agabusta: 9:09am On Jun 10, 2019
Urchman200:
can u pause a bit and read ur writeup again?a man that have a case to answer before this judge's will now decide which judge should be appointed. I am really confused about Nigeria version of democracy.


You guys are unbelievable. So who else can appoint Justices of the supreme court in Nigeria if not the president.

All the presidents before him, didn't they appoint justices of the supreme court even when they had pending cases?

Which law says a president should not appoint justices when he has pending cases before the courts?

Even in the US, despite the myriad of cases of Trump, didn't he appoint a supreme court justice?
Re: Buhari Writes Acting CJN On Appointment Of 5 Justices Of The Supreme Court by agabusta: 9:13am On Jun 10, 2019
samstradam:


This is the problem with irrational hate, it turns grown educated men into crying inconsolable babies.

Now I ask, when you write to an institution do you not address it to somebody? If write to UNILAG, should I address it to UNILAG and say "Dear UNILAG". If i write to the Police do I say "Dear Police". Or maybe the reason why our Senators are doing whatever they like is because people have been writing letters saying "Dear Senate"!

In all cases we know that you write a letter and address it to an actual office/officer of the institution, even if the officer is a cleaner, it must be addressed to a recognised office/officer.

Tanko is the ag CJN. By the office he holds he is the chairman of both the NJC and FJSC. But you knew this already, yet you felt the need to try to belittle your President.

Or maybe I'm wrong and you are just a graduate of Baba Iyabo's school of meaningless and directionless letter writing..... oya ...."Dear Nigeria, See what Buhari has done again!"

Thank you for this apt analogy.
Re: Buhari Writes Acting CJN On Appointment Of 5 Justices Of The Supreme Court by agabusta: 9:15am On Jun 10, 2019
roymary:


SMH!!! Typical zombie. You sound like a robot simply following a program. No one in their right senses supports this government.

undecided

He is right. Democracy is a game of numbers. You dont have to abuse others for exercising their voting rights.
Re: Buhari Writes Acting CJN On Appointment Of 5 Justices Of The Supreme Court by agabusta: 9:17am On Jun 10, 2019
ogunsj:
my friend it's you who is sounding robotic, by trying to force people to like who you like, and to hate who you hate. life is dynamic, respecting other people's opinions is an indication that you are in your right senses.

What a cool and reasonable comment.
Re: Buhari Writes Acting CJN On Appointment Of 5 Justices Of The Supreme Court by agabusta: 9:21am On Jun 10, 2019
9jaRealist:


YOU ARE RIGHT...

Not sure what the dude is going on about, but the appointment of Supreme Court justices (and the CJN) is made pursuant to the recommendation of the NJC. The process is three-fold: (1) the NJC makes a recommendation to the President; (2) the President makes a nominates an appointee to the Senate; and (3) the Senate then confirms (or rejects) the nominated candidate. [b]It is only after the Senate confirms a candidate that the Justice is deemed to be constitutionally appointed[/B] - and thereafter the appointee is sworn-in by the CJN (or the President, in the case of the CJN). Therefore, you are indeed correct that the President should have written to the NJC instead of the acting CJN, unless (and it was NOT so indicated) the President was actually trying to write to the NJC through the acting CJN (which is still procedurally INCORRECT since the NJC has a secretariat through which it should receive communications).

Furthermore, the Constitution merely provides for a Supreme Court “not exceeding” 21 justices. It does NOT require nor mandate that the Supreme Court have 21 justices (and usually the Supreme Court has about 15 or 16 justices). It is NOT the business of the President how many justices the Judicial branch (acting principally through the NJC) deem sufficient or suitable for the Supreme Court at any point in time (he who wears the shoe knows where it pinches), and this sort of wanton INTERFERENCE in the affairs of another CO-EQUAL branch of government is somewhat troubling. The Constitution does NOT provide for (nor anticipate) an IMPERIAL PRESIDENCY, with a President seeking to direct the affairs of, or issuing instructions to, the other CO-EQUAL branches of government (whether the National Assembly or the Supreme Court). This is slippery slope territory!
>

The other branch of government are only co-equals in your imagination. Digest the constitution and you'll clearly see that the number 1 position of the president is unrivaled.
Re: Buhari Writes Acting CJN On Appointment Of 5 Justices Of The Supreme Court by agabusta: 9:23am On Jun 10, 2019
9jaRealist:
>
Meanwhile, crucial point being overlooked is that the Supreme Court Act provides for a MAXIMUM of 15 Supreme Court justices!

Specifically, the Constitution provides in Section 230(2)(b) for any number of Supreme Court justices as may be prescribed by an Act of the National Assembly (but not to exceed 21). The relevant Act in this respect is the Supreme Court Act (Chapter S15, Laws of Nigeria 2004), which provides in the relevant part (Section 3 (1)) that “[t]he number of Justices of the Supreme Court shall NOT EXCEED fifteen” (emphasis added). In other words, the President’s letter (much as this ongoing discussion) appears mute and DOA. Abegi, who’s advising ASO Rock?

PS: Here’s the link to the Supreme Court Act on the website of the Federal Ministry of Justice, Abuja: http://lawnigeria.com/LawsoftheFederation/SUPREME-COURT-ACT.html
See also: http://www.nigeria-law.org/SupremeCourtAct.htm
>

The constitution supersedes any act.
Re: Buhari Writes Acting CJN On Appointment Of 5 Justices Of The Supreme Court by etrouble: 9:52am On Jun 10, 2019
dukie25:
A shariah court judge becoming the CJN.
This is like a bad dream but don't tell zombies Islamization is in full swing.
Lets all wait till Nigeria is declared a caliphate.

You wail for long. You have been wailing since 2015, you will wail till 2023. In 2023, it will be Osinbajo/El-Rufai, then your wailing continues.

1 Like

Re: Buhari Writes Acting CJN On Appointment Of 5 Justices Of The Supreme Court by Nobody: 10:29am On Jun 10, 2019
valentineuwakwe:
i just hope the five (5) additional judges will not be fulanis and Muslims

Why are you 'people' so obsessed with religions. I bet you are not religious.

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