₦airaland Forum

Thank you , @ OP for the clear legal elucidation above.

I was also wondering where the President got his "ex parte" order from cos I know the CCT itself adjourned sitting to next week without granting any side order? So where and how was this order granted? Was it written outside the sitting hours of the court, and without the lawyers of both parties been aware of it? This is even a gravious matter on it own.

No wonder not a single lawyer, even those close to this Govt( except for Sagah to some extent) has supported this.

This is apart from the fact that CCT doesn't even have such powers to remove a serving justice.

This is becoming even deeper and troubling than I thought.

Cluv:
dey dream, nothing will happen, let the thief hold thier useless meeting, a venue of a snake had nothing to do with the back of tortoise, sha baba till 2023

Does it not bother you that no lawyer, even those in Buhari Govt (except for Sagah who gave a half hearted response) has supported this foolish move by the President? Conversely, every lawyer I have read, even those close to the Govt has condemned it in the strongest terms.

You think some of us are concerned with stupid party politics?

Continue to think that your life begins and ends with party politics

muykem:
This people again with unending meeting meanwhile their Chairman is facing corruption change.

The same way the chairman of CCT who purportedly gave this sillly ex-parte order Buhari shamelessly relied on, is also facing corruption charges.

Your point again?

ORIENTATION101:
no status quo here . The judgement is clear. The abuja court did not give order to inec to maintain status quo.

Meanwhile zamfara court ruling which came first gave order to inec to accept apc list..
Without this court ruling being set aside by appeal court the zamfara court order is binding on INEC.
I believe Apc Nwc would have done the needful and inec will comply

Ok... Sorry for even coming here. This is party politics. It doesn't interest me. I was just trying to correct you on your false interpretation of conflicting judgements of 2 courts. Moreover, the courts can handle this matter themselves.

What interests me ATM is the brazen assault on the constitution by an increasingly fearful President in illegally removing a sitting CJN.

So on this issue, BYE....

It is interesting that Festus has not released a statement supporting this. In fact, no lawyer apart from Sagay who was not clear and not fully supporting what Buhari did, has openly supported the absurdity.

They know that this period will be debated in Nigeria's legal history forever and are mindful of the role they will play in it.

Lolz

ORIENTATION101:
shut up

The abuja judgement only interpretes the stand of the constitution on matter brought before it.

Zamfara high court gave order to inec to collect the list of apc candidates brought before it.

Zamfara court order came first until the decision has been set aside it is binding on inec.

It unlikely because Apc zamfara has closed their ranks and unite ahead of general election.

Here, Clown.

The matter is go8ng to superior courts for their interpretation and judgement. So no need been in a meaningless back and forth with you.

But get this: nobody would take the judgement of a State high court over a Federal high court, until a superior court passes judgement. Meanwhile, the status quo subsists

integrity16:
Read section 11 of the Interpretation Act:

11. (1) Where an enactment confers a power to appoint a person either to an office or to exercise any functions, whether for a specified period or not, the power includes-

(a) power to appoint a person by name or to appoint the holder from time to time of a particular office;

(b) power to remove or suspend him;

(c) power, exercisable in the manner and subject to the limitations and conditions (if any) applicable to the power to appoint,-

(i) to reappoint or reinstate him,

(ii) to appoint a person to act in his place, either generally or in regard to specified functions, during such time as is considered expedient by the authority in whom the power of appointment in question is vested.

The President does not appoint the justices of the SC alone. He does it with the NJC and the Senate. The same bodies that must be involved in the removal of same justices.

The constitution is CLEAR on that. It needs no further explanation. This interpretative act was not talking about a justce of the SC cos he is not an appointee of the President.

You guys should stop been silly and small minded. This is Buhari doing this now but he will not be President forever. It is a terribly wrong precedence. That is why you would not find a single lawyer supporting this( except Sagay who made a pitiable attempt to muddle things up without expressingly supporting the President in this instance). Even the lawyers in Buhari Govt, including his VP and campaign spokesman, have remained mute.

THINK!!!

eyeview:
While one ordered it to reverse a stand, the other maintained that they are in the right on their stand. You see how both nils off each other.
It will have to take a superior court to change inec stand and with the courts going on a total shut down, I fear the APC may not have time to follow that thru

Thank you. EOD

Never mind the Mod and the character you quoted. Shameless chaps, both

gabolak:
Ganduje is a sitting governor and he still enjoy constitutional immunity for now.

Whatever you may wish to be done to him will still wait till he vacates office.

Couldn't the APC, that Buhari leads, have refused him the Governorship seat in the next elections. Something totally within their legal and political powers to do.

After seeing that video, you still allowed him to win the primaries, sent his name to INEC and then turn around and ask us to wait until 2023 for his prosecution. Yet you can't what for a few weeks for the CJN car who go through the right constitutional provisions for his alleged offenses.

You dolts truly think most Nigerians are as fooolish as yourselves !!!

seunmsg:
There is no conflicting judgement as the cases are different. There are two faction in Zamfara APC and they both approached different courts. A faction went to FHC Abuja while another filed its case before the high court in Zamfara. Those in Abuja couldn’t proof their case so they lost. Those in Zamfara argued their case beyond reasonable doubt and won. The Zamfara high court judgement remains valid and doesn’t contradict the Abuja high court judgement in anyway.

Lolz... where do you people come from??

Just see "reasoning"

ORIENTATION101:
. Spare me your legal gymanstics and absurd technicalites. The chief judge doesnt have immunity period

He doesn't have immunity from prosecution but has immunity to arbitrary removal from another arm of Govt.

See if your brain can grasp it this time around.

ORIENTATION101:
you answer is

CJN doesnt have immunity. And buhari acted on the court order from Cct .

Ganduje has immunity he cannot be prosecuted until his tenure elapsed

Do you u derstand that the office of the CJN is more protected by the constitution than that of the Gov?

naijaguy123456:
CJN occupy a sensitive position, Ganduje is a state governor.

Sillly rejoinder.

What the hell is a " sensitive position" in the eye of the law?

seanfer:
Calm down...If Onoghen try that He will be charged with treason and no NJC will come out to defend Him... .. This issue calls for serious caution and Wisdom..

Treason? Who should be charged with treason: Buhari or Onnoghen?

@ seun @ lalasticlala

This should be on frontpage.....

We all need to see and debate the stark hypocrisy here.

An individual who is also facing charges is "ordering" another person facing charges to step aside pending the determination of his suit but is himself not stepping aside.

The HYPOCRISY

muykem:
This people again with unending meeting meanwhile their Chairman is facing corruption change.

Just like the chairman of CCT is facing corruption charges in court.

Has he resigned yet?

iamJ:
una never start, thieves left and right


no wonder all these criminals were going free, see dino, i was wondering why the justice department wasnt doing their job properly

buhari God bless you a billion times

SHUT it, fast!!!

We are no longer moved by this "corruption" nonsense.
Buhari, and the people around him are no better.
This same Buhari will go next week and lift the hands of Kano state Gov caught stealing dollars from contractors cos he needs #5million votes from Kano.

So Again, SHUT it!!!

Like I said yesterday, the people who advised Buhari on this are a bunch of really sillly foools. It is the most openly stupid decision they have ever taken, and that says alot.

Buhari has scored an own goal. And will be thoroughly disgraced and isolated cos of this very stupid act.

Let it begin!!!

modath:
Bros, why are you trying to inject common sense into the matter here nah.. , We are all tiffs abeg, this is political witch hunt... Onnoghen is not a broke man & shey someone cannot forget small thing like millions of dollars ni? Una just open am like big matter.. shuo .

Abeg run before the hunger in the land wailing crew come meet you for here oooooo.

Why do you think that every body in Nigeria- Newspaper, professional bodies, civil society is condemning this.

The only persons supporting this are some, not even all, of the most virulent supporters of Buhari. The only group in support is MURIC. And that says a lot

rottennaija:
Next time you begin a post or respond to someone, don't begin with insulting the person. It generally shows a lack of substance in defending your point. Besides, I don't appreciate it and definitely will not be kind to it.

I'll start with the president's holiday. When he went, he handed over power to his vice. He followed the constitution to the letter. So, there was no vacant seat and the country had a president. In acting capacity. I may add, no president in history since 1999 has ever given power to his vice before. Not even Yar'adua. Besides, he is your president. Any office you work, you have his picture on your wall.

Back to your post or response, there are matters of the law and its the court that can interpret it. Already, as you may have seen in nairaland post, the same CJN had about 5 or so years ruled that the CCT has the power to suspend any public official (he is a public officer) pending matters before it.

The CCT is a product of the constitution and constitutions are interpreted, it is interpreted in relation to other issues around it, not just verbatim of what is written in it (that is what is referred to as spirit of the constitution)



My point is, the constitution is the Supreme law of the land. But it is not set on stones and cannot foresee or cover every possible situations. That is why, the LAW WILL ALWAYS REMAIN AN ASS. If you can ride it, you can ride it.


You can read the judgment of the suspended CJN in the link below. And please, [b]be civil while responding [/b]to other members of the forum

https://www.nairaland.com/4983387/how-onnoghens-judgments-affirmed-ccts#75113785

You guys must be really ugly in real life quoting this "opinion" up and down.

1st, what the opinion is talking about is totally different from what you guys are interpreting here. It never said any thing about judges. That has been prescribed very clearly by the constitution and the constitution never involved the CCT on the process.

2nd, this is only an opinion. I hope you know that an opinion, even a judgement, that goes against the constitution is ultra viles.

3rd, the CCT is on same level as a high court. They are far superior courts to it. An order by one of such courts has already been made. That order is subsisting on the CCT and every other entity in Nigeria until it is set aside by that same court or an even higher court. The Court of Appeal judgment is been referred to here.

Every thing is not politics.

rottennaija:
Donald Trump suspended a whole government for more than 1 month and he is not a dictator. PMB suspends a CJN he appointed for corrupt practices he admitted, suddenly, he becomes a dictator.

What will happen if he suspends a whole govt then? PDP would be shouting Nigeria is killed, Democracy is dead, as if democracy was ever alive during the days of Obj, Yar'adua, GEJ


Below is a judgment deliver by the CJN, affirming the power of the CCT to suspend any public official (he is a public official) pending the determination of his case. Of course, he may not have know that someday, the law he interpreted will be applied to him.

https://www.nairaland.com/4983387/how-onnoghens-judgments-affirmed-ccts#75113785

That is not what the judgement is saying you bloody liar!!!

The judgement said nothing of judicial officers cos their removal is prescribed by the constitution.

Stop been sillly

This nonsense you put up there was not talking about the removal of judges but strictly on powers of CCT to try violations of Code of conduct by public officers.

Try harder you pitiable set of political jobbers.

Your democracy and constitution is in danger and you are playing small minded politics still

Felixv:
let saraki try that and then next day he will be removed as senate president --2/3 of which house

The President would also "suspend" him, right??

Kids!!!

Great question.

I will know what sort of man he is by tomorrow latest, by his reaction to this.

Waiting.....

NOETHNICITY:
Why re we trying so hard to protect a corrupt chief judge?

Why were you trying so hard to protect a corrupt Gov found stuffing bride money in his babariga.

Anyways, who says you should not do anything. Just follow the constitution.

And has he resigned yet pending the determination of charges against him.

Modafuckking foools everywhere.

Some persons have finally destroyed this Govt

Why were some black leaders in apartheid South Africa betraying and openly supporting the oppressors of their own people?

And hope you can now answer your own question.

Yes, yes.

Isolate Buhari until he has sense.

The so called cabal that control him has finally finished him.

I see the word " gross misconduct".

That is the term for impeachment.

The Senate President should begin impeachment proceeding against the President and delegitimize him if he continues on this route.

The person or persons who advised the President on this action are really a bunch of siilly foools I swear.

By the way, where is VP Osibanjo, who is supppsed to be a Law prof. Shebi he was denying the other day that Buhari did not know any thing about the arrangement of the CJN.

MobilityExpress:
Well, the CJN happens to be the Chairman NJC, and this is the loophole that made it legally possible for his suspension.

Your point??

The Gov of Rivers should reject the legitimacy of Buhari as President forthwith.

Let the constitutional crisis deepen as the President has lost his legitimacy