₦airaland Forum

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
[bold] ”Except on the recommendation of the National Judicial Council,…” [/bold]

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.

You are damn right! Many options are open for the President to move him forward or drop him. Even though what you stated is accurate and is a good process to circumvent the term limits on Tanko, I doubt Buhari will move him forward even on recommendation from NJC but who knows....we wait and discover. Thank you.

Hedonisst:
Senators are looking for his Buhari's goodwill under Saraki's able leadership? Or is it the senators that lost reelection (who remain senators until May 29th) that are looking for Buhari's goodwill.

Have you forgotten that Saraki remains the Senate President until May 29th?

They all plan to return in 2023. So there is an investment for them. Buhari on the hand has nothing to loose in a face off with any rebellious Senator, his term ends on this new victory...Thats it for Baba! Those with political sense...Saraki included, will tell you political wisdom and expediency calls for cooperation with the President in the short time left on the calendar.

Ihateyoumod:
Even when showing some people the sections of the constitution tht empowers the president to do what he did. Them still dey argue...na wa o...The problem with us southerners is tht we think we r smarter than these northerners, we think we r wiser, we r literate, they r abokis. Until we stop under rating them, they will keep playing a smart one on us

Well said! ...but dont generalize the Southerner term. Yorubas taught Northerners how to exploit loopholes and dodge the constitution.

For example, look at the following quote from the constitution directing the President on what he "shall" do...it is silent in this section and in subsection about the title that the replacement shall bear. It is explicit that the head of the judicial system shall be a Chief Justice of Nigeria. It never tells us what title to give an appointee occupying that position in the 3month short interval. So beside "Acting CJN", we could also use "Designated CJN", "Appointed CJN". It is an open choice for the President to use. That is example of a loophole.

(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.

dedollarman:
Base on the quoted section president Buhari has exhausted his constitutional power he rallied on suspending and appointing the acting cjn on 23 April next month which the constitution approves
so what next
If the appeal court and cct fail to convict the
Suspended cj

He cannot extend appointment of an acting CJN at the expiration of three months. This is clear! The constitution does not "forbid" him from appointing the next most senior Justice to succeed the Acting position.

Jalinco:
Shame!!! A lot of nairaland SANs don't know that a court or tribunal can remove anybody from a position IF he or she violate the procedure leading to his or her appointment

Matters of procedural deviation is generally classed as "infractions". This is when a Judge's Court is out of process. Such infractions will be reported to NJC for review. In matters of criminality or unethical conduct in violation of standing law....the Judge will face prosecution as if he was a private citizen. The constitution states this clearly, although it is done in legal-speak.

courage89:
Very interesting

While I'm not one to fan the emblem of tribal discourse, I do believe this piece voice out the minds of every Yoruba sons and daughters. It is very disrespectful for our ibo brothers and sisters to believe they can come to Yoruba land to dominate and assert what Yorubas cannot do in Ibo land. While Yorubas are very relatable, accommodating, generous and believe in one Nigeria. Let us be mindful of this loving spirit and not mistake Yorubas generosity for weakness.

Yes it does! This is not the first beacon, Oba Akiolu's Lagoon statement struck a chord as well...but political class leaders quickly shut it down and did not allow the sentiment to spread. Same political class is now the one raising alarm and giving hints of its own sentiments on the issue .

Osyxcel:
Yes, I agree with you. I'm sure there'll be another spin to it. Till then, Acting CJN Tanko is a goner by April 23, if the CCT fails to convict CJN Onnoghen before then.

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.

hardeycute:
I laughed at you when you highlighted the section 4 and ignored the section 5

Relevance to the issue I responded to, not generally meant to cover the subject under discussion.

hardeycute:
Bookmarked for that new loophole

Smart man!

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?

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!

Osyxcel:
With regards to sub-section 5 above, let's wait till April 23. If the court continues to adjorn, it's the loss of the acting CJN.

The Constitution has many loopholes. Bright lawyers exploit the loopholes to win cases. A new loophole will come to play on April 23rd, don't fret.

JIMI AGBAJE/AFENIFERE

The Igbos should be wary of JIMI AGBAJE and AFENIFERE.They are politicians who are looking for ethnic heads to break coconuts on.

The Igbos are hardworking and resourceful and should try to overcome ethnic politics as the Yorubas have done. They should learn from immigrants from other lands worldwide. The Indians do not trouble their hosts or try to take over their lands. They make their money quietly and take it back home to develop their own land. That is why India has been able to lift herself from poverty. In contrast, the Igbos do not develop their own lands. All they do is largely to make money from abroad through whichever or whatever means and buy up property which other people have built and then claim they own the land without remembering that they can never hold aboriginal rights to the land in their hands whenever the chips come down.

Meanwhile, their land back home is languid, crying and shouting for investment and development and they begin to talk about marginalisation. Did they not flower and fruit under Obasanjo and Jonathan’s administrations? What happened to Igbo land in those 16 years that they were not marginalised? What happened to Yoruba land in those 16 years that the Yorubas were marginalised that Yoruba land still continued to be a honey pot for the Igbo?

I would go anyday with Chief Emeka Anyaoku who looks at the world with universal spectacles.

Succeeding Lagos governments have beautifully held the ethnic balance in Lagos and prevented ethnic disturbances. Igbos should stop saying they own Lagos or that they built Lagos or that Lagos is a “no man’s land”. Only a bastard Yorubaman will not feel affronted by such statements. And in spiritual terms, the man or woman who cannot defend his land is not fit to live. Wasn’t this the failure of the sons of the Incas?

It is good news that the leaders of the Igbos and other nationalities in Nigeria have met with the traditional leaders of the Yorubas in Okota and Oshodi areas to avert a backlash in respect of last election. As I said earlier, Agbaje and Afenifere are outside the mainstream of Yoruba politics. They are trying to take control of it. And they have the right to so aspire, being Yorubas.

What is objectionable to the mainstream Yoruba is their attempt to knock the heads of the Igbo against the head of the mainstream yorubas. They remind the yorubas of a similar affront by Afonja, the Yoruba army commander in Ilorin who was sent there by the Alaafin of Oyo to stop jihadist expansion. Afonja betrayed the Alaafin and invited the jihadists to defend his betrayal. They did and Afonja triumphed momentarily only to be killed afterwards by the jihadists who took over the land.

The perception in Yorubaland today is that the Igbo in Lagos especially are the modern jihadists and that Agbaje and Afenifere are the modern Afonjas. This is the underlying perception which, in my opinion, triggered the surface reaction in Okota last Saturday. The Yorubas remain an accomodating people. But they never fail to rise in their defence when they have to, as they did in the 1950s in respect of Dr Azikwe’s blatant attempt to usurp their land and as they also did at Ore during the civil war.

Kusa, a former Editor-in-Chief of The Guardian Newspaper, writes from Lagos.

https://www.dailytrust.com.ng/yorubas-igbos-and-the-lagos-question.html

Yorubas, Igbos and the Lagos question!


When a former Editor-in-Chief of The Guardian newspaper penned reasons as to why there must be a limit to Igbo’s participation in the politics of Lagos, his friend and former classmate of Igbo background thought the submission betrayed his exposure, experience and education.” CROSSFIRE, reproduces the requirements as canvassed by Femi Kusa and Pat Utomi.

I am a yoruba and I condemn all forms of electoral malpractice, including ballot box snatching on election day. The Yorubas are an intelligent people with their own fair share of rascals.There are many intelligent and creative ways open to the yorubas to deal with the Igbo question in Lagos or elsewhere.

Chief Obafemi Awolowo dealt with it when Dr Nnamdi Azikwe abused the generousity of the Yorubas and attempted to take over their land as the Dutchmen took over Southern Africa. The Yorubas also dealt with this question intelligently when Biafran soldiers tried to invade the West from Ore, after overrunning Bendel State with the aid of Igbo connections there. At different fora where the Igbo question in Lagos comes up, I always invite the Igbos to remember that the Yorubas have always been their best friends in Nigeria.

The Yoruba leader of the 1950s, HERBERT MACAULAY, founded the NCNC (National Council for Nigerians and the Cameroons). When Macaulay died following an illness during his nationwide campaign for independence, wasn’t it the Yoruba NCNC leadership which invited Dr Nnamdi Azikwe and Igbo, to return home from Ghana and lead their party? And when he held their hand in the soup pot, to bar them from having the meal they prepared, didn’t they peacefully and intelligently show him the way back to the East?

Yorubas were generous and trustful. Dr Azikwe insulted their sensibility, abused their generosity and trust. Why would he, an Igbo, wish to be premier of the West and then install an Igbo, as premier of the East when the Yorubas at that time had more literate people than the Igbos? That was cunning, greed and betrayal of trust to say the least.We were all fighting to send the white man away and, after we had succeeded, you wished to impose local Igbo colonialism on a better educated Yoruba race. Who would have accepted that?

Secondly, I remind my Igbo friends that, after the civil war ,their properties in the North, Port Harcourt, Cross River and Akwa Ibom States, their present political allies, were seized from them as “abandoned” property and handed out to the aborigines.But in the West, Igbo property were all returned with all the rent which accrued to them. Were the Yorubas stupid or merely civilised, honest and friendly or, if you like, God fearing?


OKOTA BALLOT BOX

As I said in the first part, the snatching of ballot boxes after all the warnings by government was unecessary, crude, condemnable and punishable. If the yorubas condemn it elsewhere, they should condemn it also in Okota.

But after the condemnation and necessary punishment under the law, it will not be right for all of us to not get to the bottom of why it happened and the bigger problems which are brewing beneath. The major problem ,in my opinion, is the Igbo penchant to wish to take over another person’s land. I say this with all sense of responsibility.

Recently MOFE OYATOGUN of STAR 101.5FM radio station in Lagos played her EARLY RUSH SHOW, a 1952 audio clip of an interview with Ahmadu Bello, Governor of Northern Nigeria. He said unequivocally that the North would not employ Igbos in its civil service, because if you gave them an inch, you will not know when they would take a mile.That was way back in 1952, about 67 years ago.

Is this not what is still playing out today in South Africa, Benin Republic, Cote d’ivoire, Ghana, Libya and China, to mention a few countries? In the last presidential election, President Mohammadu Buhari probably won landslide victories in Northern states because that Ahmadu Bello radio interview clip went viral in that political landscaper. Peter Obi, an Igbo, was vice presidential running mate to Alhaji Abubakar Atiku, a Fulani from the North-East. It was possible the North still lived in fear of the Igbo man as Ahmadu Bello had taught them to do and as they were reminded in that audio clip replay.

In Yorubaland, we are a society governed by laws. That is why we have ministries of chieftaincy affairs. All the land in Lagos have owners. Lagos was either a colony or a part of Western Nigeria. But because of the generousity of Yorubas and the foresight of their forefathers which made this region the star region in West Africa, the Igbos would like the Yorubaman to believe that LAGOS IS NO MAN’S LAND.

Can anyone say that of Benin without eating his pounded yam as raw yam? Can the Igbos say that of Kano and Jos? The people there know how to make themselves husbands of the mothers of the territorial expansionist. Everywhere on earth, we have seen that territorial expansion ends in chaos.In recent history, we can pin the two world wars to it. What about the war in Liberia between the aborigines and the settled slaves? What about Rwanda? What about Hitler’s war on the Jews? What about the liberation wars in South Africa, Zimbabwe and Mozambique.

Why did general Idi Amin of Uganda chase away the Asians? Why did Bangladesh separate from India, Eritrea from Ethiopia and Senegal from SeneGambia? What about the communual clashes over land in Nigeria? Recently, almost 100 Fulanis were killed in Kaduna.We cannot forget the Zango-Kataf problem.

So, we should be careful when you come to settle on my land and say you must represent me in the Nigerian Senate or the House of Representatives, or the Lagos State House of Assembly, taking away from me my aboriginal right to have my kith, kindred and blood represent me, while back home you are being represented in the senate and House of Reps, when you insist on becoming a commisioner in my state or a deputy governor, or a local government chairman when you try to govern me in my own land as Dr Nnamdi Azikwe once tried to do, all because I was generous to let you become in my land what you couldn’t become in your land, simply because you believe you have the numbers, I will tell you that is greed and unnatural irrespective of the backing of the law you may think you have.

Think, for example, about an Igbo becoming the chairman of Lagos island local government and arrogating to himself the right under the laws of Nigeria and of Lagos State to issue instructions to the Oba of Lagos about how the kabiyesi should conduct himself and govern his people. What will this breed?

That is what has been happening in countries from where the Igbos are being sent back home.It happened once in the North as Ahmadu Bello said in 1952. And seriously speaking, I believe this is why the North rejected Atiku Abubakar.

The Igbos should reflect on this…Why does everyone tend to (hate )us?

sweetgala:
That was the plan in 2015 till the SE decided to deny Ngige of a senate seat

Very true.
SE ruined its 2019 chances when back in 2015 it killed Nigige Senatorial run because he was in amala and gworo party.

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.

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;

deomelo:
lol @ akpu commonwealth, sorry, we are not interested in your ipob village akpu.

Is he saying they have a commonwealth? Very funny.

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.

Chapter VII, Part1, Section A, ,


230. (1) There shall be a Supreme Court of Nigeria.

(2) The Supreme Court of Nigeria shall consist of -
(a) the Chief Justice of Nigeria; and
(b) such number of Justices of the Supreme Court, not exceeding twenty-one, as may be prescribed by an Act of the National Assembly.

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.

ALCOHOLKILLS:
he's a Christian, nysc brought us together

Northern Christians don't bear Emmanuel. You will rarely even find Yoruba Christian called Emmanuel. The name is common in East.
This is an Ibo in decoy. We have caught many of you online with Yoruba name and in online confrontation with Hausa. This is nothing new. It doesn't change the fact that the guy spoke truth.

The guy is correct that Yorubas did not fight to put Buhari there. We fought because we need to preserve our own interests in Nigeria. Buhari just happens to be the candidate we endorse our trust in. We did not find Atiku trustworthy. There is nothing new in his revelation, we Yorubas know this and proudly admit it We booted Jonathan out in 2015 because he divorced from acting in our interest.
Anyone that doesn't know this is naive. The Northerner is correct in what he said. Kudos to him for figuring it out.

This thread is good for trivia.

If you spell CJN backward it yields NJC.

We love confrontation and conflicts. This is why there is chaos everywhere you look. We do a poor job of politics and politicking. The Acting CJN is correct that the President does not need the Judicial Council to approve an Executive action but he could have done better than just blurting that out.

Omo Aresa,
Wa gba 'yi!

.

All they are doing so far is venting and shouting. Situation could change on Friday depending on what sermon is preached at Mosque.

If you live in Kano get some food provisions to last you few days just in case.

cheango:
Some people can just write anything, Anyway, his era has just gone, but he was not that bad, but the current governor bad performance destroyed him, but it is just too good, so we kwarans compare and contrast ..Because most people in kwara think that if another person aside someone link to saraki is ruling kwara would have been like Dubai, but me doubt this personally, cos have not seen a state in Nigeria working, all are just same.. Anyway, god fatherism is bad, and I want all state in Nigeria including Lagos to be freed one day

Please stop repeating this garbage and think for yourself instead of relaying unreasonable catch phrase.

Anywhere politics exist you must have an influencer. The person who others look to for favors. Tell me any political society in every corner of the planet that does not have a godfather. Name just one!

Tinubu is a good godfather and no one can deny that he has been a blessing to many unknown names who rode on his wings to become what they are today. So what's the problem people have with him? He commands success. When you have success people will look for ways to eliminate you. Thats whats going on. Tinubu is a good man...a good godfather and may his godfatherism be with us long.

meobizy:
I don't see what's so difficult in the groundnut patterns.
I'm sure it doesn't take long.
It's the same as the Hausa man who peels oranges in seconds, I don't know how they do it but one can learn the skill in two days.

You missed the point. While its okay to read into the skill and its level of difficulty, there is a even a broader lesson to take from it.

The groundnut shells do not come naturally arranged on a tray like this. They are usually scattered and pointing different direction. Someone brought them into order. That someone has what it takes to build order into a chaotic society. Thats the drill!