₦airaland Forum

Tetehjewels:
Part of the problem with our public debate is lack of knowledge of the facts driving the debate and a lot of sentiments. So on this issue I will try to explain what the President meant by the former CJN and his legal team using their privileged position to undermine the judicial process.

When this matter first came up, the CJN did not appear in Court. Why? He could not be served
personally because he rejected service! Now no other person in this country can try that and get away with it but the CJN did.

When in Court, his array of SANs filed a motion challenging jurisdiction of the CCT and insisted it must be heard. The CCT said it will hear it but the accused must first be arraigned before any question on jurisdiction and this is elementary law that the accused must first take a plea because that is how proceedings are commenced. The former CJN still did not show up and his legal team instead filed an Appeal.

Will he say he was not aware of proceedings that was
carried even by international media houses? Of course not but he was simply abusing his power by ignoring judicial proceedings! No other person can try that and get away with it.

While the appeal was pending, several Courts Ex-Parte granted injunctions restraining a competent constitutional tribunal from doing its work even though they had no appellate jurisdiction over the tribunal!!! Even the industrial Court granted a restraining Order!!! Industrial Court!!!!

All sorts of Courts were issuing all manners of Court Orders to protect the CJN who until now had ignored a quasi-judicial proceeding.
In other words, the continuous stay of the former CJN in office was impacting and impairing the ability of the CCT to do its constitutional job. Then the government brought a Motion on Notice seeking that the CJN steps aside and the President replaces him with the next in line.

Apparently, the same motion was brought Ex-parte and for ex-parte applications the other parties need not know. As we now know, that application was granted.

On Wednesday, we witnessed the unbelievable!!!! The legal team of the former CJN filed a Motion to Stay of proceedings at the Court of Appeal however, there was no Ruling from the Lower Tribunal in the Record of Appeal! Ask any lawyer who has done any work at the Court of Appeal, an Appeal cannot be entered without a copy of the ruling or judgment included in the Record of Appeal because it is at the heart of the case at the Court of Appeal!

That is why you are there- to complain about the Ruling or Judgment! The only alternative is to apply under the Court of Appeal Rules to Depart from the Rules!
In this case no such application was made but somehow, the appeal was not only entered within hours with Appeal number given, the motion filed based on that appeal was slated for hearing!

Counsel to former CJN admitted to this irregularity and addressed the Court for 2hrs urging that his Motion for Stay be granted. Again, ask any lawyer, no ordinary Nigerian can get this because this procedure and practice is unknown to law. The Court however, reserved its ruling for 30th of January but granted an Interim Stay till that date which in the circumstances
was the right thing to do.

What is the point of all this? Evidently, the former CJN was using his position and office to push the entire judicial system beyond its limits in defense of himself. Whereas he alone was the first to admit that he forgot to remember that he had $700,000 in a domiciliary account. He alone could not explain why he had not touched his salary for 18 months! He alone was later
discovered to have $3,000,000 elsewhere!!! And someone says ending such acts of abuse of office to shield questionable acts is a fight against the judiciary?

Is the judiciary the harbinger of such? This is the same judiciary that produced erudite Jurists like Justice Niki Tobi, Justice Kayode Esho, Obaseki JSC and many many other eminent men!!! Can the conduct just
chronicled stand beside the records of such greats?

Please let no one ridicule the judiciary.
Finally, beyond our support for one political narrative or another, we must always ask ourselves what kind of Country do we want to build for ourselves and our children. PMB has done his part and even if he loses or wins in February, it does not change much because he has achieved almost all his heart desires. The man is 76!!! But we the young ones are still here with a country to live in!

If we support such behavior then we are sowing the seed for an unfair, unjust and ultimately a pariah state!

In sum, the CCT gave an Order which to my mind is the proper Order to give in the circumstances. Let no man be allowed to throw the weight of his office around in defense of himself especially a lawyer and in this case a respectable Justice of the Supreme Court.

The bench is a sacred chamber and a holy ground occupied by men, great in their courage, boundless in their knowledge and unsurpassed in their moral rectitude.

No one has said Onnoghen JSC is not but in the light of the allegations against him and his admissions/responses let him prove it just the way an ordinary man will because we are all equal before the law.

Ghani Rotimi ----- Lawyer!

Mynd44, Lalasticlala

Read through this article by the so called lawyer. There was no legal argument here, just some emotional appeal to our senses.

Morality is not the law.

The legal issue Is: was due process followed in the purported removal of the CJN. If the answer is NO, any other opinion is besides the point.

Kay17:
I will presume you are a lawyer and that you can identify the one of the most fundamental principles for adjudication: you cannot be a judge in your own cause. It is a joke to assume that NJC will be just and fair in a trial or investigation over its chairman while he still in office.

And if you examine the law as a whole, yes a 2/3 majority of the Senate is required to remove him but he doesn't enjoy an immunity like the president does. The Constitution by acknowledging the CJN's lack of immunity has subjected him to the court processes with the attendant results.

The CJN can simply recluse himself from the process of investigation partaining to his case once the matter is referred to the NJC. By this reclusion he doesn't need to step down as CJN as he can continue to perform other duties of his office except that relating to his case once instituted.

As a lawyer, am sure you would have know this.

By the way, the CJN lack of immunity only relates to his prosecution not to the procedure for this removal or suspension - that procedure has alreadybeen outlined clearly by the constitution and is sacrosanct

ideynl1:
FG should deploy war planes, gunships and aircraft carrier around the US border to serve as a serious warning to them.

Its time we send our military to our foreign allies within US for war drill so that they will know the Baba means business. Baba show them he is a 6-star General.

Lolz..... hilarious people full 9ja

There can not be a different argument than these.

No need to type further

Complete rubbish

This is not a legal argument but a political one.

Hedonini:
Don't mind the retard. And his despicable Yoruba Muslim supporters. They only thing these dirty abokki people and their Yoruba Muslim asslickers know is 'gofment'. They are not productive enough to earn a living through good old ingenuity and acumen, so they live and die in politics.

While do some of you keep mentioning "Yorubas"?

I know of very many Yorubas who are ordinarily against the Buhari Presidency , some more than you.

And I have no doubt that a majority of them despite this move by Buhari regardless of their political persuasions.

Moreover, you mistake the voracious voice of Tinubu associated Yorubas as meaning that all Yorubas are that stupid.

Don't think so

NuclearReactor:
everybody seems to be against buhari on this matter

This is cos what he did is so astonishing stupid there is just one way for any sane person or BODY who is not under the direct pay or control of Buhari to condemn it.

A lot of people condemning this don't even like the PDP. And for lawyers, it is a matter of Life and death.

seunmsg:
Good way to start his new responsibilities. We must clear out crooked judges from our judiciary. Crooks like Onnoghen have no place in the temple of justice.

Other members of NJC rightly boycotted it.

And am sure the only reason the few judges who were sworn in were there was cos they thought it will be performed by Onnoghen who summoned them.

Keep foooling yourselves. You know nothing about the legal profession.

amaechi1:
The NBA whose president is also facing trial of money laundry? Wonder shall never end. NBA clean up your house.

The same way the CCT chairman is also facing charges.

CCT clean up your house

Totally isolate Buhari...... totally

Like I suspected on the other thread after seeing the pic, the other justices of the supreme court and members of NJC has rightly boycotted the said event which is an illegality.

Buhari, as well as this Tanko character who has brouggtvdisrepute by accepting this "position" from Buhari, are on their own and will be completely isolated.

We know of only one CJN in Nigeria : Walter Onnoghen

Buhari did not appoint the CJN alone; he cannot therefore suspend or remove he alone. That is what the constitution clearly says.

Good try....but childish propaganda

ivandragon:
well, true.

the implications are far reaching.

I think the CCB should have sent a petition to the NJC & NAss first & requested for the suspension of Onnogen along with water tight evidence.


that way, the NJC & NAss would have been in the spotlight while the Presidency would have also brought pressure by also petitioning the NJC.

Absolutely.......

Isolate Buhari before he destroys Nigeria.

He can destroy his Presidency like he is presently doing tho. That is his business.

No body supports this madness

lanrally:
But the CJN is the head of the NJC. What do you think. Esprit DE corps will play out in the name of protecting their constituency.
Buhari cannot remove him, but what then happens to misrepresentation and false declaration of asset, the assets are obviously proceeds of corruption?
The CJN under the Nigerian constitutiondoes not enjoy immunity. Let us wait for the completion of his trial at the CCT. If he is acquitted, then he returns to his office. If the federal government prevents him, then we fight it.

NOPE, Buhari cannot remove or suspend him. Not for a minute. He does not have such powers.

By the way, the CJN could simply recluse himself- this is a legal term where a person steps aside from a process that is investigating him so as to ensure fair hearing. But he remains the CJN with the full capacity of that office except on issues that has to do with the said investigation process.

That way he does not unduly influence his "trial".

Understood??

As I keep saying, no single person or entity (except the likes of MURIC or Miyatti Allah) would support Buhari.

He will be totally isolated

gud4dbest:
and El rufai

Yes, and that dolt too

36STATES:
And Yoruba mudzlems... the real enemies of southern Nigeria.

I have Yoruba moslem friends who are against this nonsense.

Don't generalize plzz

ivandragon:
for me, the suspension of onnogen is a cause for concern, but more worryingly is the speed at which the FG moved to get him out.


one now wonders where this speed was when petitions were submitted against people like Amaechi, fayemi, oshio, fashola, babachir ...

Am focused about the legality of it; the brazenness of it; and the implication of it esp as a precedence if this is allowed to hold.

CoolAmbience:
I support him.

How many people do you know in Nigeria?

What is your qualification in law?

Did the constitution say he can't be suspended?

And who are you again?

That is it.

Buhari must be totally and completely isolated.

By the way, Falana just raised the issue about how and when that ex-parte order was given cos the CCT on their last sitting on Jan 22 did not give such an order.

So how was it obtained? Was it outside the sitting hours of the court? Were the lawyers of both parties aware of such a judgement cos it was obviously not done in open court? How come only 2 justices instead of 3 signed it?

Are we back to those days of obtaining ex parte judgements at the wee hours of the night as Falana asked here? Why the astounding haste on the part of the Govt?

And this supposed order was what Buhari relied upon to remove a sitting CJN and you ask us to be silent!!!! This is even as stated by Falana here, the CCT has no powers to remove a judge talkless of a sitti g CJN.

Is he the only one "swearing" them in. Where are the other members of the NJC?

Lolz

toksbaba2000:
Bleep America..... when Donald trump shut down the government heaven did not fall and no one complain about it.. Why complaining about Nigeria President. I believe I will be bash here and dere but don't let's look inferior in the hands of white, they give no Bleep about us.

Donald Trump shut down the Govt legally and continued negotiating with Congress. In fact, the reason for the shutdown is simply cos Trump can not have not he wanted unitarily without the Congress.

That is a country of law.

It shows the capacity of your brain that you are equating that with this aberration of Nigerian' s President

publicenemy:
How many judges has Donald Trump replace since he became president?


..

A corrupt government telling us how to run our country.

Donald trump has unitarily removed a judge in the USA ?
Plzz feed us more info abeg

Clerverly:
He wanted to act like a typical Politician by Postponing indefinitely the sitting of NJC who are supposed to investigate him.

[

Good advice, let them go and challenge it in court instead of heating up the internet.

Meanwhile the body of this article is entirely different from the headline.

Useless Bloggers

The body and the title says same thing: the illegality by an increasing insane President cannot stand.

Has everyone noticed that NO ONE or BODY has so far supported the President on this aberration of his. No one except MURIC, Miyatti Allah, Lai Mohammed and of course his equally slow thinking Nairalander supporters. Which speaks volume.

He is on his own and must be isolated.

Like I said in previous threads, no lawyer (whether in Buhari Govt or close to it) has nor would ever support the clear assault to constitutionality and the judiciary as Buhari has clearly done.

Go through all the reactions so far by lawyers and you find no lawyer supporting this(except the musings of Sagay who was very half hearted in his response). No lawyer in this Govt not even the VP or Keyamo will do so. They know they implication .

We are not interested in this cos of partisan politics but what it portake for the judiciary and democracy.

Let Buhari follow the due process: send a petition to the NJC and the NJC should investigate and deliberate whilst the CJN recluse himself. The finding from such investigation should then be forwarded to the Senate for a decision to be made. Only then can the President remove him from office.

Any other path is an illegality which is null as it is utterly void.

atakamus:
I am not a lawyer but a concerned Nigerian. I strongly hail PMB for suspending the CJN according to the instructions of the court.
He Onnoghen is not above the law. I take pity on most of us youths criticising Buhari. We should be hailing him.
Another question is. Is Onnoghen guiilty or innocent? Why is he afraid to clear his name of the allegations. The petition is about corruption and false access declaration not about his duty as a judge. The issue of taking him to NJC is out of it. How can be judge his own matter. God help us.
He should clear his name period. All these people shouting Buhari is a dictator should go and sit down.

Then keep your mouth SHUT over issues for which tou you have no clue.

That was an advice

No lawyer would openly support this no matter how close they are to Buhari. Even the VP and Keyamo. I have searched and searched since morning (except for the half hearted response from Sagay- and even him put a caveat with his "support")

They understand the severe consequence of doing so. Except they never want to be associated with the legal profession again.

Reiyvinn:
Lalasticlala mynd44 seun

This should be on frontpage plzz.

This is very important.

How was the said ex parte order of CCT even procured??

jameskey:
Mr know it all,don't you know immunity covers ganduje from prosecution.

The constitution does not say that APC must present him as their Gov candiddate Again, did it?

After all, same APC disqualified the current minister of Communication cos of NYSC issue. Why didn't they disqualify Ganduje from seeking any position under their platform if they were serious about fighting corruption or just even the optics associated with it. Wasn't it still the same party chairman, Oshiomole, that same early this week in Edo state that all those who have corruption issues should come to the party and the party would immediately forgive them.

To slap some of you dey hungry me, I swear