₦airaland Forum

obaataaokpaewu:
They will soon call you PDP

datola:
It is complicated because Onnoghen is chairman of NJC and it is not possible to adjudicate his own case.

The question. Is can he steps down down his chairmanship of NJC but still be CJN?

Step down for who?

The possibility of his arraignment tomoy is very slim

gbeseun:
I think old age is affecting this man.
Who is The chairman of NJC?

So the CJN will now judge his case himself abi.

Radarada

Akiara:
Akiara to his useless homosexual father and worthless wh0re mother:



If people like you litter the Internet in Nigeria. ..then I believe calling Buhari a daft person is insulting. You are the real definition of DAFT..

Go kiss wet transformer...zombie

KingOfAllIgbos:
Oh yes...i agree. Now cry more

Shikini:
Abiodun Nejo, Ado Ekiti

Legal luminary, Chief Afe Babalola (SAN), has described the proposed trial on Monday of the Chief Justice of Nigeria, Justice Walter Onnoghen, at the Code of Conduct Tribunal over alleged failure to fully declare his assets as “denigration of the country’s Judiciary and Constitution.”


He also noted the constitutional provision which stipulates that any infraction by judges must first be investigated and then resolved by the National Judicial Council, “to the exclusion of any other body or authority.”

Babalola, in a statement on Sunday entitled, Proposed arraignment of the Hon Justice Walter Onnoghen: Again, I say two wrongs do not make a right, said the law had made clear the processes for the trial of judicial officers and as well their removal, hence the need to desist from “contempt and denigration of the judiciary.”

He said: “I am of the view that the Constitution requires that any infraction by the said judges be firstly investigated and resolved by the National Judicial Council, to the exclusion of any other body or authority.”

Babalola, who stated that the decision of the Court of Appeal in Nganjiwa v Federal Republic of Nigeria (2017) LPELR-43391(CA) “still subsists and has not been set aside,” said: “I therefore see no justification for the decision to arraign the CJN before the CCT.”

Continuing, he argued, “Again, the point must be made clear that the Constitution clearly provides for the procedure with which the CJN can be removed from office.

“Section 292 (1)(a)(i) and 292 (1)(b) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended) addressed it.”

According to him, given the clear provisions for trial and removal of judges, “It becomes more worrying to learn that, aside from laying the proposed charges, the prosecution has also filed an application for an order directing the CJN to recuse himself from office pending the conclusion of the trial.”

The senior advocate said: “By proceeding as proposed, the government is unwittingly or, perhaps, deliberately, creating a wrong impression in the minds of millions of Nigerians that the Judiciary is a criminal organisation.

“For the sake of our democracy, this is a misconception that must not be allowed to fester.

“No country, no matter how well intentioned its political leaders are, can aspire to greatness if its judicial arm is denigrated and held in contempt.

“While the Judiciary itself must be awake to its huge responsibilities, its efforts in this regard will surely not be helped by the erosion of its independence,” the SAN stated.


https://punchng.com/onnoghen-constitution-says-erring-judges-must-be-investigated-by-njc-only-afe-babalola/

NOPET:
since the man is from pdp state, do u want to replace him with APC state? why are you reasoning like a fool?

smithyemy:
Am a yoruba guy and i will never be biased with my reasoning. I couldnt remember when last BUHARI honoured and obey COURT ORDER. now, he want to destroy our constitution the more. NIGERIA has a CONSTITUTION and it has the final say. THERE is no country in the world where anybody or rules supersede the CONSTITUTION. so, the critics on nairaland should get that straight away to their head. Abi, now much salary are you been paid by BUHARI. LET me remind you, the highest corruption in the whole world is when a president of a country refuses to obey court orders, fail to produce his/her certificate and when he fails to publicly display its worth before been swear or after been swear in

Akiara:
Dry..So Pathetic

xgada:
My only problem is the quickness in putting this man up for prosecution. It shows something is in the offing. Just 3days hmm


Taking more than 2years to prosecute former SGF

HOGFoundation:
Nigeria is at break point, be prepared.

nawebco:
Oluwole Adesina WROTE:

ON CJN: So many people are overrated in Nigeria. It's either they underrated our intelligence service or sheer stupid arrogance.

A whole Chief Justice of Nigeria is making silly excuse. How could someone of his calibre not knowing they are being monitored?

The money in Standard chartered wasn't there before Mr President took over in 2015 but was deposited there few months ago by desperado in PDP.

The losers wanted to win the presidency through the Supreme Court. Appeal the election then get favourable judgement at the Apex Court.

Unknown to them, the Judges are being monitored and all their lines are tapped.

Atiku Abubakar and Bukola Saraki are daft. They thought they could used the CJN knowing that Mary Odili is under spotlight. What a wrong move?

CJN need to step down because he has been caught red-handed with bribe money.

To hell with Atiku Abubakar and his evil plan.

And as for CJN? Shame on him.

nawebco:
Hello all. I feel that I need to put in my two bits in the Onoghen CCB debate. First let me tell you where I stand. I am for strong institutions & the rule of law. I believe that the law should be no respecter of persons. With that foundation, please follow me on this journey

Facts only:
a) Has the CJN been removed, answer is NO?
b) Can the President remove the CJN, the answer is Yes/No
c) Can the CJN be arraigned before the CCB? The answer to me is inconclusive, but I will be rooting for YESS and I will explain as we go on further.

Can the President Remove the CJN?
Yes he can remove the CJN but on the recommendation of the National Judicial Council (NJC) and the NJC itself is advised by the Federal Judicial Service Commission. Please see the following images which are excerpts from the Constitution

From the provisions it is clear that the President must receive recommendations from the NJC before he can appoint or remove Onnoghen & if fact other S.Ct Justices /Justice of Federal Courts. This is in consonance with the principles of Separation of Powers with checks & balances

You will observe from the provisions of the Const. that the CJN is a member of the two bodies that have a say in his removal. This very fact again offends another very key maxim of equity which is "nemo judex in causa sua" meaning that "you cannot be a judge in your own cause"

What can propel the FJSC and the NJC to start proceedings against the Chairman of their respective boards? The Attorney General must send in a petition to the NJC and ask them to investigate their own chairman and recommend him for removal. We can all see the legal conundrum

Who will nominate the judge that is next in line to the CJN to start the process of investigating the CJN & what is there to investigate? The CJN has admitted all charges brought against him by the CCB. From this point of view, the NJC need no further evidence? CJN is wrong.

So what should happen? How does the FGN go forward on this. Judging by all the conundrum of the NJC, should the FGN do nothing when it is obvious that the NJC will likely do nothing? How does the FGN which has the right of initiating the prosecutorial process go on?

The FGN through the CCB initiates a trial before the CCT? Was the CCB right or wrong? We again go to the Constitution. What are the functions & duties of the CCB? The Constitution tries to entrench transparency & accountability in public servants by requiring asset declaration

The CJN is a public officer who is caught smack at the centre of this misbehaviour. It is important to note that the CJN HAS NO IMMUNITY. So nothing stops CCB from arraigning him before CCT on false declaration of assets. I believe the case of Nganjiwa Vs FRN can be distinguished

Before I distinguish the two situations let us look at what awaits the CJN at the CCT. Again we look at the Constitution.

If the CJN is found guilty (& in this case he has admitted guilt anyway) the CCT can remove him from office, ban him from future office for 10 years, confiscate assets & other punishment which the NASS has prescribed. Has NASS or will NASS ever prescribe additinal punishment?

Now to distinguish Nganjiwa Vs FRN to this CJN scenario, mind you this is what I shall be arguing if I were the FGN's lawyer. Nganjiwa J, was arrested and arraigned on charges of corruption under EFCC Act

The charges are strictly criminal. In CJN's case he is arraigned under a specific law -Code of Conduct which is what it says a rule for public servants that guides their behaviour. It is not stricto sensu a crime but a failure to act judiciously & for which the punishments...

are also not stricto sensu jail term. Is there a need of recourse to the NJC in a case where another govt constitutional constituted body has powers to decide on a specific infraction? I would submit no. The FGN should have this issue decided as a preliminary issue because

there seems to be a judicial protectionism which is sneaking in Immunity that the constitution has not granted to judicial officers. The CJN has been arraigned, let us test the constitution and the powers it gives and where there is need for a reform in law, let us do so.

The administration of justice in Nigeria is being rubbished if the CJN continues in office knowing that he has lost credibility to preside. We as Nigerians do not know the damage we do to our own institutions when we carry on with the prism of ethnicity & politicking

Every single decision of the S.Ct on corruption that had Onnoghen as a member of the panel is under a hue, from now onwards he is impotent. It is similar to @HMKemiAdeosun's case. He needs to resign since he knows he cannot be sacked. That is the right thing to do.

As for me, I would continue to urge the FGN to bring all these issues to the public, not minding the times or seasons. We need to hold public officers accountable & they need to hold themselves accountable. The CJN, having admitted wrong doing needs to resign honourably.

emmasege:
Buhari is up to a game.

I plead with some of my brothers in the south west. Please, let's stop following this almajiri of a president sheepishly. He means no good for our land and country. Infact, he's the worst thing that ever happened to our dear country.

Yoruba, e je ka ronu o!!!

amaechi1:
Please, who is Chairman to NJC"?

lexy2014:
D issue is who is supposed 2 discipline judges when they err? Is it d executive?

apasico:
It was the NJC that recommended the sacking of Salami as CJN during Jonathan. What do you have to say about that.

PythonAmaka:
U don't have sense. Osinbajo forwarded his name to the senate for his appointment as the CJN... Igbos and lack of knowledge...


python amaka

pryme:
Yes and No,

No,
because the NJC handles erring judges and then hand them over to the appropriate authorities for prosecution.

But what of if the NJC decides to shield these erring judges, take the sting operation on judges in 2016 for example, those judges where serve invitation letters since 2015, and there were countless petitions against them that were submitted since 2015 yet the NJC did NOTHING. In this case the executive will intervene at some point.

gbeseun:
I think old age is affecting this man.
Who is The chairman of NJC?

So the CJN will now judge his case himself abi.

Radarada

hedonistic:
You're incredibly stupid, just like EVERYONE who agrees with the Buhari government on anything...

wirinet:
That's the crust of the matter. How is it possible for the NJC to judge on matters against it own members - especially it's chairman. It is like asking executives of a club or an association to preside of matters of their chairman or president. A typical example is the justics Salami vs Justice Aloysius Katsina-Alu feud, The NJC automatically took sides with its chairman. They ordered the suspension and investigation of Salami, but did not do the same with Justice Aloysius Katsina-Alu.

One of Nigeria's greatest problem is corrupt judges, their damage to society is far worse than corrupt politicians, most of the people supporting the chief justice have never had the trauma of facing a corrupt judge.

pryme:
And what if the NJC decides to drag their foot or ignore the prosecution till after election, only to offset a credible election because there will definitely be election cases taken to tribunals.

Justice Onnoghen is from Cross River, we know that Cross River is a PDP state.

That aside,
How many corrupt Judges has the NJC handed over to the EFCC or DSS or AGF for investigation and prosecution, the last ones that where arrested where retired with full benefits by the NJC. But if it a common man or someone that is not a judge the NJC will open their law books and met out sentences they see fit.

The NJC is just as guilty as the FG on this one, because they have bastardized the due process of prosecuting a siting Judge that is corrupt.

emmasege:
Buhari is up to a game.

I plead with some of my brothers in the south west. Please, let's stop following this almajiri of a president sheepishly. He means no good for our land and country. Infact, he's the worst thing that ever happened to our dear country.

Yoruba, e je ka ronu o!!!

pryme:
Men don't get me started with corrupt judges, I witnessed a judge gave a land that has been in the family for ages to a complete stranger, just because this stranger is a billionaire.

pryme:
Yes and No,

No,
because the NJC handles erring judges and then hand them over to the appropriate authorities for prosecution.

But what of if the NJC decides to shield these erring judges, take the sting operation on judges in 2016 for example, those judges where serve invitation letters since 2015, and there were countless petitions against them that were submitted since 2015 yet the NJC did NOTHING. In this case the executive will intervene at some point.