Why always north?? We are not talking of qualifications here because i think dat any justice of supreme court can handle dat post of CJN.well,she'l retire by 2014 and we'll see if anoda northerner will clinch the post again.

Beaf:

All hail the apprentice lawyer! Lol!
My sister, you are too young to have a hating heart. Give praise where it is due (hail GEJ, ma), and come across in arguments like someone who is high minded; afterall, law (which you claim to be studying) is for high minds.



The use of the word, "he" in the constitution is patently sexist and an insult to all women and girls.
It only goes to show that the constitution was produced by unwashed Neanderthals and belly crawlers. As the standard for a country, our constitution falls well short, that word "he," in a document that should be gender nuetral, only points to much deeper issues elsewhere (and they are legion).
We are better off ripping the phucking thing to pieces and burning every last piece; it isn't even fit enough to wrap suya with.

^^^Beaf,


Come on!

You are having a laugh. I can see you want to argue today. . .

It is one thing to argue about the very serious problems we have with the Nigerian constitution (at least I agree with you on this point - that document bequeathed by a clique of usurping brasshats is deeply flawed). It is another thing to argue about the failure to use 'gender neutral' pronouns in the same document. I assure you that the second argument diminishes the first.

VolvoS60:

^^^Beaf,


Come on!

You are having a laugh. I can see you want to argue today. . .

It is one thing to argue about the very serious problems we have with the Nigerian constitution (at least I agree with you on this point - that document bequeathed by a clique of usurping brasshats is deeply flawed). It is another thing to argue about the failure to use 'gender neutral' pronouns in the same document. I assure you that the second argument diminishes the first.

Guy, when people fail the most obvious tests, what do you think will happen with more technical areas? It is a highly significant error for a law document not to be gender neutral, in fact, it casts the entire Nigerian system as primitive and intellectually woebegun (any surprises when you look at our society and state of development ). It is a very serious and shameful issue (deliberate or not).

Those buffoons that huddled together to generate such crap evidently never had women in their minds as equal to men, talkless of possessing the slightest modicum of sophistication and sense of propriety. That hints at a massive raft of other issues; some of which we are witnessing, while others are laying in wait like primed bombs.

That constituition is the root of all our problems, it is at the root of the chaos that riddles our society. You cannot build a solid structure on a foundation of sand. In many other ways than being sexist, our constitution is simply a stup!d collection of words that are accelerating our decent into the abyss.

Do they use Federal character or simply based on merit and seniority to appoint the chief Justice.
I commend president jonathan for keeping to his word on increasing women participation in his government, while this is the judiciary, she was nominated through recommendation by the president.
What I find curious is that based on seniority, the top heirachy of the judiciary for a long time tends to tilt towards the north.

Beaf:

Guy, when people fail the most obvious tests, what do you think will happen with more technical areas? It is a highly significant error for a law document not to be gender neutral, in fact, it casts the entire Nigerian system as primitive and intellectually woebegun (any surprises when you look at our society and state of development ). It is a very serious and shameful issue (deliberate or not).

Those buffoons that huddled together to generate such crap evidently never had women in their minds as equal to men, talkless of possessing the slightest modicum of sophistication and sense of propriety. That hints at a massive raft of other issues; some of which we are witnessing, while others are laying in wait like primed bombs.

That constituition is the root of all our problems, it is at the root of the chaos that riddles our society. You cannot build a solid structure on a foundation of sand. In many other ways than being sexist, our constitution is simply a stup!d collection of words that are accelerating our decent into the abyss.

^^^If I didn't know you better, Beaf, I would have taken the bait. but i'm not biting.

Pronouns are often used when referring to nations. The Russians often refer to "Mother Russia". Nigerians and Germans refer to "the fatherland". Is that sexist?

The personal pronoun "she" is also used to refer to inanimate objects (products of superior craftsmanship) like yachts, ships, automobiles etc. Is that sexist too?

Beaf, your "gender neutrality" arguement is a sideshow, a distraction. The real issue here is whether your principal can take the "credit" for "recommending" the appointment of Justice Aloma Mukhtar as CJN. And from the look of things, he cannot.

There is no way that any reasonable person that's in touched with happenings in Nigeria, and that also understood the rule about how Chief Judge is being appointed in Nigeria, will give the credit of her appointment to GEJ.It is simple GEJ who is the head of executive arm of government has a minimal input since he acts just as an intermediary (which is the duty bestowed upon him by the constitution) between the judiciary arm of government and the legislatives arm of government.For BEAF to ascribed this feat to GEJ is just an insults to the collective intelligent of the majority of reasonable people on the forum who cannot only read but understand that which they read.My take on this joke called BEAF, is that It's either he is naive, or he has somebody somewhere dictating to him what to spew out on daily basis. That may be some of the reasons for is the poor arguments that he always used to defend his boss inadequacies and Sometimes the level of stupidity he exhibits in his analysis which most of the time is always off key baffled me to be honest.My take on this is that Nairaland is not populated mainly by fools who don't know their right from left,having seen.

VolvoS60:

^^^If I didn't know you better, Beaf, I would have taken the bait. but i'm not biting.

Cut out the patronising attitude.
You don't know me, just as I don't know you, bruv.

VolvoS60:
Pronouns are often used when referring to nations. The Russians often refer to "Mother Russia". Nigerians and Germans refer to "the fatherland". Is that sexist?

The personal pronoun "she" is also used to refer to inanimate objects (products of superior craftsmanship) like yachts, ships, automobiles etc. Is that sexist too?

Beaf, your "gender neutrality" arguement is a sideshow, a distraction. The real issue here is whether your principal can take the "credit" for "recommending" the appointment of Justice Aloma Mukhtar as CJN. And from the look of things, he cannot.

If you do not see gender neutrality as a fundamental issue, then you are missing a really massive viewpoint. Our society is primitive, that is why we can accept such.
Again, the primitive nature of our society is due to the lack of thoroughness in even the smallest things; I cannot imagine any other country, but Nigeria having a constitution that refers to the occupant of a post as "he," instead a gender neutral term. The only countries where such might be acceptable are truly primitive places; the likes of Saudi Arabia where women are not allowed to drive or vote; Swaziland, where all brea'sts belong to King Mswati etc.
A constitution is a country's blueprint, its DNA.

As for whether GEJ can take the credit for putting a woman forward, there is little anybody can do about it. All counter arguments have been k-legged, wobbly, easily killed, buried, torpedoed, marooned and destroyed; empty sentiment is no alternative. Its been done, dusted and marked as a historical moment invoked by GEJ.

https://www.nairaland.com/982020/justice-aloma-mariam-mukhtar-nigeria/1#11333319

its a matter of ranking and not federal character issue here.
the most senior in ranking becomes the cj. and as such, she is the most and that is wat the constitution said. just as in the medical field, the most senior Doctor becomes the Chief medical director. understand this and stop saying "why the north"?

Beaf:

GEJ can nominate any qualified person for the post, but chose to nominate her and give us our first ever female CJN.
My last post contains the letter GEJ sent to the senate. Please read it (and follow through with the relevant sections of the constitution that are quoted).

By the way, why do you think you should see GEJ in her profile, is he her husband or dad?

Beaf...u gooved at the bolded. GEJ can not nominate anybody, but the most senior justice of the supreme court. Had it been Justice Muktar had accepted her secondment to Gambia, then another most senior Justice could be nominated.

Beaf:

Cut out the patronising attitude.
You don't know me, just as I don't know you, bruv.



If you do not see gender neutrality as a fundamental issue, then you are missing a really massive viewpoint. Our society is primitive, that is why we can accept such.
Again, the primitive nature of our society is due to the lack of thoroughness in even the smallest things; I cannot imagine any other country, but Nigeria having a constitution that refers to the occupant of a post as "he," instead a gender neutral term. The only countries where such might be acceptable are truly primitive places; the likes of Saudi Arabia where women are not allowed to drive or vote; Swaziland, where all brea'sts belong to King Mswati etc.
A constitution is a country's blueprint, its DNA.

As for whether GEJ can take the credit for putting a woman forward, there is little anybody can do about it. All counter arguments have been k-legged, wobbly, easily killed, buried, torpedoed, marooned and destroyed; empty sentiment is no alternative. Its been done, dusted and marked as a historical moment invoked by GEJ.

https://www.nairaland.com/982020/justice-aloma-mariam-mukhtar-nigeria/1#11333319

^^^There's nothing patronising about my attitude. I've been on this board for quite a while and seen many, many of your posts. I had good reasons to say what I said.

Gender discrimination IS a big issue. It most certainly is. But you and I know that it is too complex a matter to be resolved by re-wording official documents. Your point that there is some implied causal link between our 'lack of thoroughness in small things' (such as our inability to use gender-neutral pronouns in official documents) and our 'primitive nature' (as you put it) is disingenuous.

So we rewrite all official documents to reflect our "gender neutrality" and effectively make personal pronouns such as "he" or "she" completely irrelevant. Then what? That will not put millions of girl-children in school. It will not reduce VVF. It won't shatter any glass ceilings. It will not reduce forced prostitution. It will not reduce gender-based income inequality. It will not make Nigerians view rape of the girl-child/woman with the seriousness it deserves. It will not make polyandry an option available to all Nigerian women.

Sir, we all know what our problems are. Your principal knows them too. And I know without the shadow of a doubt that personal pronouns are not one of them.

congrats ma! We r following closely behind.

The early Nigerians stop bad mouthn Nigeria n prophesyn good things to our beloved country,it shall never be on top

Beaf, please stop exhibiting your ignorance. In law, depending on the context, the word 'he' can be read as including 'she'. This is standard practice in common law countries.

Tayo4Me, well done! I can see your nascent legal career is off to a flying start

Clerverly:
Jus[b]t a question. Between I never doubted her qualification but for goodness sake, the last 6 CJs were all from this particular region. So what is silly about my post?[/b]

Your post is silly because you refuse to understand how CJs are appointed. The CJ must be from the bench and not from the Bar. Majority southern lawyers prefer to be at the bar where more money is made. Even when they eventually become judges they are junior in terms of years at the bench and they tend to retire before they can reach the CJ selection.
Let me give you an example- Femi Falana is an excellent and distinguished lawyer in Nigeria. If he decides to go to the bench , he will make an excellent judge but he will never become the chief justice of Nigeria because many of his juniors at bar are now his seniors at bench and by the time his turn to be CJ comes he would have retired Already. I am not a lawyer and if i can understand this - the donkey will also make sense out of it.

Well,well the case of 'he' being an issue in our constitution, can also be cleared by saying this, that actually in the law profession, women are referred to as 'men in skirts' buh then the 'he' word goes a long way too in streamlining the constitution as not being gender sensitive in a way too.


But all in all, congratulation to her!

I didn’t read all the responses but based on the first page, some people are mistaken when they say that GEJ shouldn’t take credit for nominating a woman as the CJN.

The President is responsible for nominating ALL the Justices to the Supreme Court and he’s free to choose whoever he likes. PERIOD. However, as a means of balancing Executive power, the congress has to confirm such a candidate and they have the final say. In other words, if the President nominates a person that the congress does not like, the person won’t become a justice.

A specific reference to only one gender (“he” or “she”) in the constitution or the law does not preclude inclusion of the other gender.

Also, the President does not have to nominate the most senior member of the justices to the position of CJN. For example, he could have nominated Fetus Keyamo who is not even a justice in the Supreme Court as the CJN.* The current Chief Justice of the Supreme Court in the US, John Roberts, was a judge in the Federal Circuit courts before being nominated.

*Disclaimer: The conclusion is based on the US constitution which formed the basis of the Nigerian constitution.

[size=18pt]ATTENTION @ BEAF

i know you are NOT a lawyer, but in Nigeria, under Nigeria Law, their are NO WOMEN AT THE BAR!!!!!
All female judges are regarded as male, hence a fellow judge or lawyer would refer to them as learned brothers-on-the-bench

and it has been interpreted to be inclusive of both genders. the import is that the personality of the judge is not in issue but the office she holds. this is to prevent discrimination amongst other things.

so when the statute makes use of the word "he", the people who drafted it were not senile. there were female judges in nigeria before that constitution or law was enacted, and clearly nobody could have presented an agenda to exclude them without an uproar.

nothing, absolutely nothing is done in the judiciary on basis of gender.

pple already told you the way CJN is chosen and appointed, you will do well to accept that and keep your peace.
[/size]

this attempt at washing GEJ is a capital non-starter.

By the way, don't you think that attaching political will to judicial appointments will only backfire on you later? ignoramuses like you will later turn round to tell you that one of her judgments is because she was appointed by GEJ.

already some are already playing the ethnic card right on this thread.

BROS U NEED TO STEP UP YOUR GAME, YOU ARE GETTING LAZY. this is a poor attempt at washing your man joo

Wallie: I didn’t read all the responses but based on the first page, some people are mistaken when they say that GEJ shouldn’t take credit for nominating a woman as the CJN.

The President is responsible for nominating ALL the Justices to the Supreme Court and he’s free to choose whoever he likes. PERIOD. However, as a means of balancing Executive power, the congress has to confirm such a candidate and they have the final say. In other words, if the President nominates a person that the congress does not like, the person won’t become a justice.

A specific reference to only one gender (“he” or “she”) in the constitution or the law does not preclude inclusion of the other gender.

Also, the President does not have to nominate the most senior member of the justices to the position of CJN. For example, he could have nominated Fetus Keyamo who is not even a justice in the Supreme Court as the CJN.* The current Chief Justice of the Supreme Court in the US, John Roberts, was a judge in the Federal Circuit courts before being nominated.

*Disclaimer: The conclusion is based on the US constitution which formed the basis of the Nigerian constitution.

well in nigeria, the president is NOT entitled to nominate whosoever he damn well pleases to be chief judge, neither the governors for the states.

the basis for appointment is TO NOMINATE THE PERSON RECOMMENDED BY THE NATIONAL JUDICIAL COUNCIL AS THE PERSON MOST QUALIFIED FOR THE POST AT THE TIME.

secondly, It is trite that ANYWHERE in the world, there is seniority at the bar and bench and certain privileges attach to that status

thirdly, the practice (norm) and even rule of professional conduct is that the most senior person on the bench as pertains to year of assumption of office (not age) is the one appointed as Chief Judge.

Therefore, where there is a plan not to appoint a particular person, such person is deftly schemed out by other means e.g. Justice Salami's saga (he is sposed to be in line for chief judge of the court of appeal, they schemed him out by purporting to promote him to the supreme court unilaterally)


otherwise, you damn well can do nada about it.


FFS, all these tripe folks are posting on this topic sef is irritating. in lagos state for example, the last two CJ are women, and the next one too is going to be a woman all things equal. THE JUDGES ON THE BENCH ALREADY KNOW WHO IS THE NEXT IN LINE FOR THE POST ALREADY, THEY CAN GIVE YOU A LIST OF THE NEXT 5 POSSIBLE CJs!!!!

there is no magic to it.

and btw, that u wrote about obama nominating judges to the supreme court, pls confirm properly. your wrong in some respects

Congrats to the new CJN. One solid professional. And a very nice woman. Best of luck.

4llerbuntu:

well in nigeria, the president is NOT entitled to nominate whosoever he damn well pleases to be chief judge, neither the governors for the states.

the basis for appointment is TO NOMINATE THE PERSON RECOMMENDED BY THE NATIONAL JUDICIAL COUNCIL AS THE PERSON MOST QUALIFIED FOR THE POST AT THE TIME.

I’m assuming you’re a learned-colleague, as you say in Nigeria, and as such, I’m sure you can argue without sentiments and with citations to support arguments.

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.

I had a disclaimer in my original conclusion because I wasn’t certain that changes had not been made to the relevant portion of Nigeria’s constitution and I didn’t feel like looking it up; however, I just did and you’re only partially right.

You are right about the National Judicial Counsel recommending the CJN to the president but I’m not seeing any references to “the most qualified candidate” or “the most senior candidate” as a basis for the recommendation.

Let me ask you a rhetorical question. What happens if the President does not accept the National Judicial Counsel’s “recommendation” as stipulated by 231(1)? Then Section 231(4) kicks in and the “most senior Justice” becomes the CJN until the President accepts the recommendation. I think this is where you got the “most senior” / “most qualified” limitation from.

Here’s a link to Nigeria’s constitution
http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm#Chapter_7

4llerbuntu:
and btw, that u wrote about obama nominating judges to the supreme court, pls confirm properly. your wrong in some respects

I didn't specifically mention Obama or any other president but I could have and the facts will still remain the same. Obama nominated Justice Sotomayo to the Supreme Court. But since we are talking about Chief Justices, I was referring to Chief Justice Roberts nominated by President G. W. Bush.

OK, citizens of mumu kingdom aka Nigeria, why do you have to make every issue about region/ethnicity?.....Adetokunbo Ademola was CJN for a whooping 14 yrs, followed by Muhammed Uwais for 11 yrs ( see the complete list below)

Past Nigerian CJNs:

Adetokumbo Ademola 1958-1972

Taslim Olawale Elias 1972-1975

Darnley Arthur Alexander 1975-1979

Atanda Fatai Williams 1979-1983

George Sodeinde Sowemimo 1983-1985

Ayo Gabriel Irikefe 1985-1987

Mohammed Bello 1987-1995

Muhammad Lawal Uwais 1995-2006

Salihu Moddibo Alfa Belgore 2006-2007

Idris Legbo Kutigi 2007-2009

Aloysius Iyorgyer Katsina-Alu 2009-2011

Justice Dahiru Musdapher 2011- July 2012.

Musiwa2:


If they go by the 1999 constitution, they will disqualify her. I have told you to get rid of the 1999 constitution. the only acceptable one presented to the united nation is the 1960

The stupid rule and nonsense by northerners will work against her. Is that fair. Rotational president etc nonsense.

Mohammed Bello 1987–1995 North
Muhammad Lawal Uwais 1995–2006 North
Salihu Moddibo Alfa Belgore 2006–2007 North
Idris Legbo Kutigi 2007–2009 North
Aloysius Iyorgyer Katsina-Alu 2009–2011 North
Dahiru Musdapher 2011- date North

Southerners and whining.  Below is the list of past CJN, 1958 - 1987 has been Southerner, I did not think the North complained,

http://www.fjsc.gov.ng/list_of_chief.html

List of Chief Justices of Nigeria


The Supreme Court of Nigeria has had a proud history of honourable Chief Justices. Here is a list of the current and previous people who have held this respected position:
1. Hon. Justice Katsina-Alu (2010 - 2011)
2. Hon. Justice I.L Kutugi CON (2007 - 2009)
3. Hon. Justice Salihu Moddibo Alfa Belgore, CON, GCON (2006 -2007)
4. Hon. Justice Muhammad Lawal Uwais, CON, GCON(1995 - 2006)
5. Hon. Justice Mohammed Bello, CON, GCON (1987 - 1995)
6. Hon. Justice Ayo Gabriel Irikefe, OFR, CON, GCON(1985 - 1987)
7. Hon. Justice George Sodeinde Sowemimo, CON, GCON(1983 - 1985)
8. Hon. Justice Atanda Fatai Williams, CON, (1979 - 1983)
9. Hon. Sir Darnley Arthur Alexander, CBE, KCMG, CFR, (1975 - 1979)
10. Hon. Justice Taslim Olawale Elias, CFR, GCON (1972 - 1975)
11.Hon. Justice Sir Ademola Adetokunbo, KBE, CON(1958 - 1972)


Southern lawyers like Gani, Mudiaga, Sofola, Rotimi, Falana and so on like to have their chambers to make money instead of going to the bench

Clerverly: Why always North?

you are tribalist! We have already dominated a Judicial arm! Make jealousy go kill you.

Clerverly:
Jus[b]t a question. Between I never doubted her qualification but for goodness sake, the last 6 CJs were all from this particular region. So what is silly about my post?[/b]

SW SS SE dominated sport in this country since 1980! Is there any northerner that complain?