₦airaland Forum

Although  the National Judicial Council has the power, under  the Third Schedule, Part I, Paragraph I, Section 21(b) of the Constitution  to recommend to the President the removal from office of the President of the Court of Appeal and exercise “disciplinary control” over him, it is clear that by virtue of Section 292(1)( a) of the Constitution of the Federal Republic of Nigeria, 1999, any recommendation of removal of the President of the Court of Appeal from his Judicial Office can only be effected by the President, acting on an address supported by two-thirds majority of the Senate.

For the avoidance of doubt, the said Third Schedule, Part I, Paragraph I, Section 21(b) of the Constitution provides that “ the NJC shall have power to recommend to the President the removal from office  of (the Chief Justice of Nigeria, the Justices of the Supreme Court, the President and Justices of the Court of Appeal, and the Chief Judge and Judges of the Federal High Court) and to exercise disciplinary control over such officers”

Section 292(1)( a)(i) of the Constitution of the Federal Republic of Nigeria, 1999 provides that “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 the Chief Justice of Nigeria,  the President  of the Court of Appeal, the Chief Judge of the Federal High Court, Chief Judge of the  High Court of the Federal Capital Territory, Abuja, Grand Khadi 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( of Nigeria), 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 body) or for misconduct or contravention of the Code of Conduct”.


It is our contention that just as in the case of removal of the President of the Court of Appeal from office, any exercise of power of “disciplinary control” over him, such as this suspension, must be subject to the approval of the President, acting on an address of two-third majority of the Senate.  The correct interpretation of the above-cited provisions of the Constitution is that if the President of the Court of Appeal can only be removed from office only when a two-third address of the Senate directs the President to do so, in the same vein, the President of the Court can only be effectually and consummately suspended from office by the NJC, with a two third endorsement of the Senate and a decision of the President to that effect. This is the principle of checks and balances that is crafted into the Constitution.

Hertsnite:
@ Sun of God. get the hell out of my country if you hate english people so much. this is England not afirca. i haven't got a problem with a few skilled africans comming here working and doing business, but i don't want hordes of undeeded aslyum seekers and illigel immigrants.

Many of you are the biggest 2 faced hypocrites, biting the hand that feed you. If you hate whitey so much why do you immigrate in such large numbers to Western Europe?

Bialegend:
One of the moderators "probably a Yoruba" is deleting some of Igbo votes. I saw 60 for Igbo, and after a while, it went down to 57.

ikooko:
Hello guys, i don't know if anyone has read a copy of CBN ACT? I did and i found this. If this is correct, then SLS is either acting in ignorance or deliberate.


Supplement to Official Gazette Extraordinary No. 26, Vol. 78, 25th June, 1991 – Part A
CENTRAL BANK OF NIGERIA DECREE 1991

50. - Except with the written consent of the Governor, no bank shall hereafter be registered
under the provisions of any Federal legislation by a name which includes any of the
words “Central”, “Federal”, “Federation”, “National”, “Nigerian”, “Reserve”, “State”,
“Christian”, “Islamic, “Moslem”, “Quaranic” or “Biblical”.
http://www.cenbank.org/out/publications/bsd/1991/cbnact.pdf

POTUT:
Thought the new cards were [i]un[/i]clonable?

X-factoria:
No wonder you were saying rubbish. Go and ask your Dad or your grown up Uncles who were born not later than the early 50s!

X-factoria:
Hey dude! This is not about PDP, this about a legacy that a nonentity is trying to rubbish! Get it?

The Yoruba people kicked out non-performance, the same reason for which they enthroned PDP in 2003 and kicked out AD.

ushafe:
fold your hands and wait for leaders or government to come and clean your poo for u, everything leaders, germany dog beat a warri man and the fool is calling IG. Just wait , germany cat will be the nxt to beat u