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MobilityExpress's Posts

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CelebritiesRe: Why I Can’t Marry Two Wives – Tony Tetuila by MobilityExpress: 7:24am On Jan 27, 2019
I can't even have 2 girlfriends at the same time, not to mention wives. Who has time for women wahala.
PoliticsRe: The Cjn’s Removal: The Lamps Are Going Out All Over Nigeria- Opinion by MobilityExpress: 7:22am On Jan 27, 2019
Eeyahhh... The lamps of corruption grin
CelebritiesRe: Yvonne Jegede Reacts To Marriage Breakup Rumors, Shares Hot Photo by MobilityExpress: 7:20am On Jan 27, 2019
Please where is the hot photo? Mtchewww! lipsrsealed
PoliticsRe: Revoke Buhari's Visa Until He Acts Constitutionally - Reno Omokri Tells UK Govt by MobilityExpress: 9:20pm On Jan 26, 2019
when the UK government finally reads Reno's tweet in year 2050 grin

PoliticsRe: Southern, Middle Belt Leaders Convene Emergency Meeting Over Onnoghen by MobilityExpress: 8:25pm On Jan 26, 2019
This election drama is getting too much. Can't wait till its over so that everyone can rest. Good luck and peace to whoever wins.
PoliticsRe: Southern, Middle Belt Leaders Convene Emergency Meeting Over Onnoghen by MobilityExpress: 8:22pm On Jan 26, 2019
saaron:
One thing is sure, Laurent Gbago treatment will be a childs play if buhari's Impostor dare rigs 2019 general elections.
The same Laurent Gbagbo that has just been acquitted of all charges by the ICC and ordered to be released? Please use another example, Gbagbo's own is bad luck grin
PoliticsRe: Just In: Senate To Reconvene Tuesday, Debate Onnoghen’s Suspension by MobilityExpress: 5:46pm On Jan 26, 2019
Good luck to those that want to impeach Buhari grin

143. (1) The President or Vice-President may be removed from office in accordance with the provisions of this section.

(2) Whenever a notice of any allegation in writing signed by not less than one-third of the members of the National Assembly:-

(a) is presented to the President of the Senate;

(b) stating that the holder of the office of President or Vice-President is guilty of gross misconduct in the performance of the functions of his office, detailed particulars of which shall be specified,

the President of the Senate shall within seven days of the receipt of the notice cause a copy thereof to be served on the holder of the office and on each member of the National Assembly, and shall also cause any statement made in reply to the allegation by the holder of the office to be served on each member of the National Assembly.

(3) Within fourteen days of the presentation of the notice to the President of the Senate (whether or not any statement was made by the holder of the office in reply to the allegation contained in the notice) each House of the National Assembly shall resolve by motion without any debate whether or not the allegation shall be investigated.

(4) A motion of the National Assembly that the allegation be investigated shall not be declared as having been passed, unless it is supported by the votes of not less than two-thirds majority of all the members of each House of the National Assembly.

(5) Within seven days of the passing of a motion under the foregoing provisions, the Chief Justice of Nigeria shall at the request of the President of the Senate appoint a Panel of seven persons who in his opinion are of unquestionable integrity, not being members of any public service, legislative house or political party, to investigate the allegation as provide in this section.

(6) The holder of an office whose conduct is being investigated under this section shall have the right to defend himself in person and be represented before the Panel by legal practitioners of his own choice.

(7) A Panel appointed under this section shall -

(a) have such powers and exercise its functions in accordance with such procedure as may be prescribed by the National Assembly; and

(b) within three months of its appointment report its findings to each House of the National Assembly.

(cool Where the Panel reports to each House of the National Assembly that the allegation has not been proved, no further proceedings shall be taken in respect of the matter.

(9) Where the report of the Panel is that the allegation against the holder of the office has been proved, then within fourteen days of the receipt of the report at the House the National Assembly shall consider the report, and if by a resolution of each House of the National Assembly supported by not less than two-thirds majority of all its members, the report of the Panel is adopted, then the holder of the office shall stand removed from office as from the date of the adoption of the report.

(10) No proceedings or determination of the Panel or of the National Assembly or any matter relating thereto shall be entertained or questioned in any court.

(11) In this section -

"gross misconduct" means a grave violation or breach of the provisions of this Constitution or a misconduct of such nature as amounts in the opinion of the National Assembly to gross misconduct.

144. (1) The President or Vice-President shall cease to hold office, if -

(a) by a resolution passed by two-thirds majority of all the members of the executive council of the Federation it is declared that the President or Vice-President is incapable of discharging the functions of his office; and

(b) the declaration is verified, after such medical examination as may be necessary, by a medical panel established under subsection (4) of this section in its report to the President of the Senate and the Speaker of the House of Representatives.

(2) Where the medical panel certifies in the report that in its opinion the President or Vice-President is suffering from such infirmity of body or mind as renders him permanently incapable of discharging the functions of his office, a notice thereof signed by the President of the Senate and the Speaker of the House of Representatives shall be published in the Official Gazette of the Government of the Federation.

(3) The President or Vice-President shall cease to hold office as from the date of publication of the notice of the medical report pursuant to subsection (2) of this section.

(4) the medical panel to which this section relates shall be appointed by the President of the Senate, and shall comprise five medical practitioners in Nigeria:-

(a) one of whom shall be the personal physician of the holder of the office concerned; and

(b) four other medical practitioners who have, in the opinion of the President of the Senate, attained a high degree of eminence in the field of medicine relative to the nature of the examination to be conducted in accordance with the foregoing provisions.

(5) In this section, the reference to "executive council of the Federation" is a reference to the body of Ministers of the Government of the Federation, howsoever called, established by the President and charged with such responsibilities for the functions of government as the President may direct.
PoliticsRe: Just In: Senate To Reconvene Tuesday, Debate Onnoghen’s Suspension by MobilityExpress:
PDP are just putting the CJN in more trouble by going all out to defend the CJN, even to the point of suspending their campaign. This will just put the CJN in the spotlight for EFCC and DSS to probe further. And by the time they do, I'm sure they will find more millions of dollars in the forgetful CJN's pockets. I will advice the CJN to just cooperate and cut a deal to get a soft landing, retire with full benefits and move on, otherwise, this battle might cost him too much to bear. PDP's actions are too suspicious and it looks like they were depending on the CJN controlled courts to win the elections, not by votes. That plan has collapsed. Ndo! grin
PoliticsRe: Buhari Welcomed In Oyo By Supporters As He Arrives For Campaign by MobilityExpress: 2:39pm On Jan 26, 2019
Meritbaba:
The man is highly loved in the streets, those who think he will lose his 2nd term bid are drunk
It took a coalition of parties to defeat Jonathan. Like Jonathan like Buhari, no single party can defeat him. This is just the fact.
PoliticsRe: Buhari Welcomed In Oyo By Supporters As He Arrives For Campaign by MobilityExpress: 2:38pm On Jan 26, 2019
grin wow! And some people thought heaven will fall on Buhari because of CJN matter.
PoliticsRe: Picture Of Adams Oshiomhole And Rochas Okorocha In Aso Rock (Caption It) by MobilityExpress: 2:36pm On Jan 26, 2019
Rochas isn't happy with them because they didn't allow him to turn Imo state government into a family empire grin.
RomanceRe: Lady Twerks To Davido's #bumbum In A Moving Bus, Keke & On Okada To Win N1M by MobilityExpress: 2:26pm On Jan 26, 2019
Very soon, they will twerk at the bottom of the Atlantic Ocean. Broke girls can do anything because of money grin
PoliticsRe: Notice How Tinubu, Osinbanjo, And Fashola Have Been Quiet On CJN Suspension by MobilityExpress: 2:24pm On Jan 26, 2019
Do you realize today is 26th January, and elections are barely a month away? Maybe those guys are busy with their campaigns to bother themselves with a CJN matter that doesn't concern them in the first place.
PoliticsRe: Thousands Protest Against Buhari, At US Embassy Abuja by MobilityExpress: 2:00pm On Jan 26, 2019
Corrinthians:
Are you protesting? You guys disgust me! Just sit behind some dirty keypad in one dirty hut and keep talking trash online.

Na only behind those dirty screens una get power. Nonsense.
grin
PoliticsRe: Thousands Protest Against Buhari, At US Embassy Abuja by MobilityExpress: 1:52pm On Jan 26, 2019
Crowd that doesn't have PVC, is that one crowd grin? Because if they had PVC, then they will protest with their votes in February instead of wasting their time protesting at US embassy that doesn't give a damn about any of them.
PoliticsRe: How Onnoghen’s Trouble Started by MobilityExpress: 8:52am On Jan 26, 2019
The danger of a corrupt CJN is that the judiciary too will be corrupt. And the danger of a corrupt judiciary is not only that justice can be denied, but the greatest danger of it all is that injustice can be bought. A corrupt judiciary is worse and more damaging to any country than a corrupt executive.
CelebritiesRe: Sanwo-olu Hosts D’banj, Phyno, KSA And Nollywood Actors (photos) by MobilityExpress: 10:26pm On Jan 25, 2019
This man is just campaIgning vigorously as if he's the underdog and as if his party is not the ruling party. Very excellent work ethics. I'm starting to like him very much and I think he will do better as governor.
PoliticsRe: Justice Walter Samuel Nkanu Onnoghen Was Suspended Based On Court Order by MobilityExpress: 9:25pm On Jan 25, 2019
baralatie:
the same cct that has a court of appeal ruling by that states it cannot try any judicial officer not even the CJN without recourse to the NJC.see

http://www.lawpavilionplus.com/summary/judgments/?suitno=CA%2FL%2F969C%2F2017




INTRODUCTION:
This appeal borders on Criminal Prosecution of a serving Judicial Officer.
FACTS:
This is an appeal against the decision of the High Court of Lagos State; coram AKINTOYE, J., delivered on 23rd June, 2017, against the Appellant's Notice of Preliminary Objection dated and filed on the 13th June, 2017 challenging the jurisdiction of the Court to entertain and determine the instant information against the Appellant.
The Appellant was by a 14 Count information dated 8th June, 2017 charged for offences ranging from unlawful enrichment by a public officer to making false information contrary to Section 82(a) of the Criminal Law of Lagos State, No. 11, 2011 and Section 39(2) (a) of the EFCC (Establishment) Act, 2004. The Appellant upon being served with the information filed a Notice of Preliminary Objection challenging the jurisdiction of the trial Court to hear the case against him mainly on the ground that conditions precedent to the filing of the information had not been fulfilled. In its Ruling delivered on the 23rd June, 2017, the trial Court dismissed the preliminary objection.
Miffed with said Ruling, the Appellant appealed to the Court of Appeal.
ISSUES:
Appellant distilled two issues viz:
"1. Whether the lower Court can validly exercise criminal jurisdiction over a sitting judicial officer (the Appellant) whilst still occupying such office without first satisfying the condition precedent of subjecting such judicial officer to the disciplinary jurisdiction of the National Judicial Council as provided for in the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
2. Whether in view of the constitutionally guaranteed doctrine of independence of the Judiciary, the lower Court is right in reaching the conclusion that the executive arm of government (acting through the  EFCC or any other authority) can directly prosecute a sitting judicial officer without first following due process as provided for in the Constitution by first referring the matter by way of petition to the National Judicial Council." 
Respondent formulated a lone issue viz:
"Whether in view of the facts and circumstances of this case, it can be said that the learned trial judge lack the requisite jurisdiction to hear and determine the information dated and filed on the 8th day of June, 2017."
DECISION/HELD:
In a unanimous decision, the appeal was allowed. The Ruling of the Lagos State High Court delivered on 23rd June 2017, was set aside. The preliminary objection filed on 13th June, 2017 by the Appellant was upheld and Charge No.LD/4769C/2017 was struck out.   Back
I think you missed this clause:

18. Exemption

(1) The President may by order exempt any cadre of public officers from the provisions of this Act if it appears to him that their position in the public service is below the rank which it considers appropriate for the application of those provisions.

(2) The President may by order confer on the Bureau such additional powers as may appear to it to be necessary to enable it to discharge more effectively the functions conferred upon it under this Act.



*Keyword* President can confer additional powers on the CCT by order (spoken or executive) and President can by order grant exemption. So Presidential powers are in play here with the CCT. The President of Nigeria is constitutionally greater than NJC. So if he has so determined that the CCT should continue trial by the recommendation of the CCT, then so be it. All this social media noise won't save the CJN at this time, in fact it's causing him more damage than good. Because if the matter had not been brought to social media, it could have been easily swept under the carpet, but now the CJN will have to face the music. He himself knows it, that's why he has been quiet. They have used social media to put the man in more trouble. SMH!
PoliticsRe: CJN: Reno Omokri Reacts To Walter Onnoghen Suspension By Buhari by MobilityExpress: 8:53pm On Jan 25, 2019
mycar:
Buhari has scored an own goal
Nope! The CJN scored an own goal
PoliticsRe: CJN: Reno Omokri Reacts To Walter Onnoghen Suspension By Buhari by MobilityExpress: 8:53pm On Jan 25, 2019
Drama time grin
PoliticsRe: Justice Walter Samuel Nkanu Onnoghen Was Suspended Based On Court Order by MobilityExpress: 8:51pm On Jan 25, 2019
baralatie:
there is no legality in any of the justice procedings that empowered the cct to remove the cjn
http://lawnigeria.com/LawsoftheFederation/CODE-OF-CONDUCT-BUREAU-AND-TRIBUNAL-ACT.html
PoliticsRe: Justice Walter Samuel Nkanu Onnoghen Was Suspended Based On Court Order by MobilityExpress: 8:35pm On Jan 25, 2019
nameo:
The CCT or the Supreme Court itself cannot give an order suspending or removing a judge. It has no such powers. The constitution is CLEAR on how a judge can be removed or suspended even when they CONTRAVENE code of conduct: through recommendation of the NJC or 2/3 majority of Senate.

Moreover, this same CCT has bee ordered to stay proceedings by a superior court- the Court of Appeal.

Good try.
Well, the CJN happens to be the Chairman NJC, and this is the loophole that made it legally possible for his suspension.
PoliticsRe: Southern Leaders Reject Onnoghen's Suspension, Say Buhari Has Committed Coup by MobilityExpress: 8:26pm On Jan 25, 2019
BusinessRe: Okonjo-iweala “ready” To Be World Bank President by MobilityExpress: 2:48pm On Jan 25, 2019
bedspread:
I Hope and Pray Donald Trump Selects her
I doubt it. Trump has an America first policy.
BusinessRe: Okonjo-iweala “ready” To Be World Bank President by MobilityExpress: 2:45pm On Jan 25, 2019
Chitumu:
Is trump or amelika the owner of the world bank?
America funds about 95% of the world bank's budget, so yeah, America calls the shot on who becomes its President. If you're not Washington's supported candidate, just forget it, you can't win the post.
CelebritiesRe: Banky W Calls Out INEC For Misspelled Surname And Misprinted Logo by MobilityExpress: 2:12pm On Jan 25, 2019
Contesting under eti-osa? Mtchewww, you can't win. That area is an APC stronghold and you have to have been a tested APC loyalist to win in that place. Should have gone to contest in a remote village in Ogbomoso grin
CrimeRe: "Beat Classic Store": Man Jailed Over Fraudulent Instagram Business Page by MobilityExpress: 2:04pm On Jan 25, 2019
hefelove:
How people who do fraud selling online make sales still baffles me and me wey dey sell market online, pay for ads hardly get orders, God dey
grin
Science/TechnologyRe: Boy Kills Huge Cobra In Kogi After Invading His House. Photos by MobilityExpress: 3:30pm On Jan 24, 2019
Wow! What a hero. It's not easy to kill a cobra, the smartest, most badass snake in the world.
PoliticsRe: Buhari Campaigns In Enugu And Anambra Today (Pictures) by MobilityExpress: 10:53am On Jan 24, 2019
Nonsoco80:
Dead meat seller. When did u become Igbo.
Are you new on Nairaland? She's always been igbo grin
PoliticsRe: Buhari Campaigns In Enugu And Anambra Today (Pictures) by MobilityExpress: 10:51am On Jan 24, 2019
CaptainGOOD:
Zombies don't know that most people coming out for buhari campaign only came to see him.,Not that they love him.
He is a celebrity and will usually generate traffic where ever he goes,
Even his tyrant decisions will make people want to see him, doesn't mean they will vote him

Daura is sure for him come this FailBoohari
You're talking as if Buhari is a new contestant that is contesting for the first time. This same Buhari defeated Jonathan, the biggest political heavyweight that had maybe 70% of the South on lockdown. Truth be told, Buhari can pull crowd and can pull votes too. Atiku will need a miracle to defeat him. In fact, our universities political science departments need to create a 'Buharimania' course to try and unravel the enigma why Buhari wields so much political acceptance in this country and why the Buharimania effect is like the mytical seven-headed Hydra dragon, you cut one head, 7 grows to replace it, he loses one supporter, he gains another 50,000 supporters.

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