freeze001:


There is no immunity but there is rule of law and due process. We are not a lawless banana republic just yet!

First the SSS/DSS has its powers and mandate confined to matters of internal security. The allegations against the judges centre around professional misconduct, alleged solicitation and receipt of bribe in connection with his professional capacity as a judge. If u juxtapose these positions dispassionately, u will find that these alleged offences do not fall within the ambit of the DSS.The judges are not accused of armed robbery, rather there are allegations (according to the purported search warrants that have made the rounds) of falsehood, under declaration of assets and corrupt practices. None of these allegations are independent of their professions. The CCB is responsible for irregular declaration of assets not the DSS. In this case, the law broken is that of the establishment statute of the SSS.

Secondly, in keeping with the principles of democracy and constitutionality, each arm of government has internal regulatory mechanisms related to professional conduct and disciplinary measures. None of the allegations are independent of their professions. Therefore, such allegations must first be brought by way of petition to the NJC constitutionally charged with d role of discipline of judges among others as far as it borders on professional misconduct. If u have read d communique u will find clearly that the DSS never filed petitions against the Supreme Court justices. That against Pindiga was addressed and dismissed because the DSS could not substantiate their allegations. Tsamiya had already been suspended and recommended for a sack same as d former Chief Judge of Enugu. Ademola was already before the NJC by another individual and not the DSS! So, the DSS breached constitutional procedures and that is the law broken.

blackpanda:
[s][/s]

I see u spend so much energy trying to make out a defence for the corrupt judges. But of cos, its just a waste of time. DSS are fully empowered and capable both legally and physically to arrest, apprehend and prosecute any entity that constitutes a threat to the nation. When people lose confidence in the judiciary and begin to take laws into their hands, that is definitely a threat to the country. It is the job of the DSS to nip it in the bud and prevent this from happening. So sorryn your epistle trying to support corruption and evil goes to no issue. The judges will have their day in court, so we can hear their story.

freeze001:


Ah! There lies the problem. You already have mindset fed by the rhetorics and propaganda from the stables of the executive but u fail to understand the nitty-gritty of issues raised. You asked a question which is clearly answered but the macabre dance of 'fight against corruption' has so clouded ur thought process. Ruling my entire comment through only highlights your lack of civility.

I will not even attempt to educate u any further. However, unless the law is obeyed and whatever petitions or allegations against any judge are brought before the NJC, any action in court against them will fail. The fact remains that they must, if found wanting, be stripped first of their office before prosecution otherwise there is immediate bias which will truncate the jurisdiction of any court because they are fellow judges/learned brothers. Seniority in the legal profession is not taken lightly.

Go and read up on the procedure for the removal of a judge from office.

Clerverly:


So collecting of bribe by a judge Is not a criminal offence ? So, your only grouse was that DSS effected the arrest, instead of the regular police Efcc?

Atter all these ramblings, you failed to mention any section of the constituton, they breached..

blackpanda:


U are so strongly convinced abt the heap of nonsense u typed. So I will leave u with it.

Enjoy

Clerverly:


So collecting of bribe by a judge Is not a criminal offence ? So, your only grouse was that DSS effected the arrest, instead of the regular police Efcc?

Atter all these ramblings, you failed to mention any section of the constituton, they breached..

blackpanda:


Really? Then how about the power of only the CJN to swear the President in?? Is that abuse of seperation of powers too or is the President a puppet of the CJN as well

EternalTruths:


It is the constitution that swears in the president. But because the Constitution can't talk, the CJN does that for it.

What is a genuine Constitution.? Citizens agreement.

In other words, we all can't swear the president at once. For this reason, the CJN does it on behalf of us

blackpanda:


Same way the President appoints the CJN based on NJC recommendation. We all cant appoint CJN, thats why the President does it

freeze001:


The reason a judge may demand or receive bribe is his position or office as a judge. It is therefore in his capacity as a judge that he may have committed any offence. That amounts to professional misconduct and falls squarely within the ambit of the NJC to the exclusion of all others because he is a judge.

If a director in a parastatal demands bribe in his official capacity, the first recourse for disciplinary action against him is from within his office because it is a professional misconduct. He may then be relieved of his position and then prosecuted.

These measures are in place to guarantee some independence from other arms of government.

BeeBeeOoh:


http://www.punchng.com/reps-seek-clip-presidents-power-sack-judges/

Aufbauh:


Oops! So you're taking the NJC communique to be the position of the constitution, forgetting that most of the judges as council members are appointed by the President who has the power to fire if he so chooses. Anybody can be there tomorrow and has his own interpretation of the law.

Moreover,those your NJC fall my hands big time. I was actually thinking they will recommend Buhari for impeachment or sack DSS DG, but rather they were pledging loyalty and support to the anti corruption war of Buhari...i guess you were disappointed.

Clerverly:


So that means, even if a jugde committed murder or homicide , the police cannot effect his/her arrest until the NJc sits and displine him/her?

Four questions for you?

Is receiving of bribe amount to crime?

Can the police investigate crime?

Are the Judges under immunity from prosecution?

Can the police arrest any Nigerian on the suspicion of crime?

EternalTruths:
That's a welcome development.

Even the power to appoint Chief Justice of the Federation by the President is not right because it betrays the concept of separation of power and makes the Judiciary a puppet of the Executive arm.

freeze001:


If you understand how the Judiciary works u will realise that ur thoughts or expectations, sarcastic as they may be, are far off the mark. In fact, this communique is not as conservative as is the tradition and it is because of the grave implications of the illegal actions by the Executive through the DSS. Truth is, no one is against fighting corruption but it must be done in line with the law and good practice! You don't burn down a house because of a few pesky rodents.

freeze001:


There is no immunity but there is rule of law and due process. We are not a lawless banana republic just yet!

First the SSS/DSS has its powers and mandate confined to matters of internal security. The allegations against the judges centre around professional misconduct, alleged solicitation and receipt of bribe in connection with his professional capacity as a judge. If u juxtapose these positions dispassionately, u will find that these alleged offences do not fall within the ambit of the DSS.The judges are not accused of armed robbery, rather there are allegations (according to the purported search warrants that have made the rounds) of falsehood, under declaration of assets and corrupt practices. None of these allegations are independent of their professions. The CCB is responsible for irregular declaration of assets not the DSS. In this case, the law broken is that of the establishment statute of the SSS. They over-reached their mandates and those of other constitutionally established agencies/bodies.

Secondly, in keeping with the principles of democracy and constitutionality, each arm of government has internal regulatory mechanisms related to professional conduct and disciplinary measures. None of the allegations are independent of their professions. Therefore, such allegations must first be brought by way of petition to the NJC constitutionally charged with d role of discipline of judges among others as far as it borders on professional misconduct. If u have read d communique u will find clearly that the DSS never filed petitions against the Supreme Court justices. That against Pindiga was addressed and dismissed because the DSS could not substantiate their allegations. Tsamiya had already been suspended and recommended for a sack same as d former Chief Judge of Enugu. Ademola was already before the NJC by another individual and not the DSS! So, the DSS breached constitutional procedures and that is the law broken.

BeeBeeOoh:


http://www.punchng.com/reps-seek-clip-presidents-power-sack-judges/

ojmaroni247:
Let's keep watching. I won't take sides cuz I know its all about their personal interests and not about Nigerians.

hucienda:


Interesting. You really broke this down.

Are you a lawyer?

fmlala:
Buhari is the President chosen and elected by the people, the legislathieves are just playing ludo game with the constitution, waiting den know self? Either Senate President or speaker or CJN are selected by the few and will only represent the interest of the few.

EternalTruths:


That's why we have problem in our democracy which has seen the Judiciary being a puppet of the Executive.

Leave the power to appoint Chief Justice of Nigeria in the hands of National Judicial Council if you truly want to practice separation of power.

Let me ask you a question.

Based on your logic, why don't you advocate that the Senate President and House of Rep Chairman be appointed by the President.


Think outside the box.

blackpanda:


Pls know what u are saying before you blab. It is the NJC that recommends. The Presidents appointment is merely administrative. It is a way of checks and balances. Dont come here to display ur ignorance. When it comes to appointment of judges, it is NJC that does the real job. President simply does the ceremonial job.

This is unlike ministerial or any other appointment that is the sole prerogative of the president. I dont know why nigerians are so ignorant. At the very least u can use google! Smh

blackpanda:
[s][/s]

I see u spend so much energy trying to make out a defence for the corrupt judges. But of cos, its just a waste of time. DSS are fully empowered and capable both legally and physically to arrest, apprehend and prosecute any entity that constitutes a threat to the nation. When people lose confidence in the judiciary and begin to take laws into their hands, that is definitely a threat to the country. It is the job of the DSS to nip it in the bud and prevent this from happening. So sorryn your epistle trying to support corruption and evil goes to no issue. The judges will have their day in court, so we can hear their story.