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Does The President Have The Constitutional Power To Suspend The Chief Justice? - Politics - Nairaland

Nairaland ForumNairaland GeneralPoliticsDoes The President Have The Constitutional Power To Suspend The Chief Justice? (50392 Views)

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Does The President Have The Constitutional Power To Suspend The Chief Justice? by socialmediaman(op): 6:10pm On Jan 25, 2019
Does the President have the power to suspend the Chief Justice of Nigeria? Does the president have the exclusive right to hire and fire without constitutional provisions to be fulfilled?

Here is what the constitution says:
Section 292.

(1) A judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances:-

(a) in the case of:-

(i) Chief Justice of Nigeria, President of the Court of Appeal, Chief of Judge of the Federal High Court, Chief Judge of the High Court of the Federal Capital Territory, Abuja, Grand Kadi of the Sharia Abuja and President, Customary Court of Appeal of the Federal Capital Territory, Abuja, by the President acting on an address supported by two-thirds majority of the Senate.

(ii) Chief Judge of a State, Grand Kadi of a Sharia Court of Appeal or President of a Customary Court of Appeal of a State, by the Governor acting on an address supported by two-thirds majority of the House of Assembly of the State.
Praying that he be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct;

(b) in any case, other than those to which paragraph (a) of this subsection applies, by the President or, as the case may be, the Governor acting on the recommendation of the National Judicial Council that the judicial officer be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct.
mynd44, lalasticlala
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by borntoexcel2000(m):
Lawyers oya come in

Someone said, "Suspension" and "Removal" are two different things...

The learned, am waiting

Modified:

Someone said, A suspension is not a removal. Under law those are two different things.

He is still the CJN but on suspension. While an Interim CJN would take his place pending the outcome of his case at CCT.

Case closed. Let me take a bow
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Binikingdowm: 6:12pm On Jan 25, 2019
No

I hope groundnut pyramid can feed the north because their terrorist leader is trying to provoke their source of living.

The better south ain't taking this rubbish.
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by saintjimos(m): 6:12pm On Jan 25, 2019
we are in autocracy

we need democracy
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by SalamRushdie:
He has as much powers as you and I to suspend the CJN!!! Which is ZERO POWERS..totally illegal and I advise Onnoghen to Ignore ..Onnoghen must be brave in the coming days as Buhari has just shot himself in the balls ...I expect Prof Osinbanjo to immediately excuse himself from all this
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by baliyubla: 6:13pm On Jan 25, 2019
Saraki must declare Buharis seat vacant this night without following the constitutional provisions. Shey na anarchy the dullard want.
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Binikingdowm: 6:13pm On Jan 25, 2019
Why is there a Sharia court in Nigeria seff?

Doomed country
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Binikingdowm: 6:14pm On Jan 25, 2019
SalamRushdie:
He has as much powers as you and I to suspend the CJN!!! Which is ZERO POWERS..totally illegal and I advise Onnoghen to Ignore
you are absolutely right.

He should just treat it as a joke
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by helinues:
Yes he does. If you can appoint , you can fire


Though not supporting this wuru wuru

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by CHANNELStv2020: 6:15pm On Jan 25, 2019
This current president is nothing but a tyrant
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by yesloaded:
NO
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by NaijaMutant(f):
Buhari has decided to set this country ablaze with such a flagrant abuse of power.


This is the end of buhari huh
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Omeokachie: 6:15pm On Jan 25, 2019
The lifeless despotic tyrant strikes again!

Buhari's desperation to rig the forthcoming elections will bury this country if not stopped.
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by ct2: 6:15pm On Jan 25, 2019
you can go to court
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by BruncleZuma: 6:15pm On Jan 25, 2019
Let the country burn ...we have all tried fellow Nigerians.
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by dingbang(m): 6:15pm On Jan 25, 2019
He just did..so yes he has
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by NaijaMutant(f):
helinues:
Yes he does. It you can appoints , you can fire


Though not supporting this wuru wuru
Your argument is baseless and legally illogical undecided
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Baawaa(m): 6:15pm On Jan 25, 2019
ques
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by gidgiddy:
He has no ppwers to remove tge CJN, but he may have powers to suspend him.

Suspension and removal are two different things
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Chriswazo(m): 6:16pm On Jan 25, 2019
helinues:
Yes he does. It you can appoints , you can fire


Though not supporting this wuru wuru
Ur brain is paining you
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Nobody: 6:16pm On Jan 25, 2019
Hmmm this man will burn Nigeria





shocked shocked shocked
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by jchioma: 6:16pm On Jan 25, 2019
The one looking for blood will not accept when oil is given to him.

Buhari is biting more than he can chew.
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Toosure70: 6:21pm On Jan 25, 2019
This is an impeachable offence.
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by wman(m): 6:21pm On Jan 25, 2019
No.

This country is finished.
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by QuickStandard: 6:21pm On Jan 25, 2019
This country though!!! shocked

The more you look the less you see.


Anyways, I don't understand these grammars, except on a lay man view.

So I will let the lawyers in the house to interpret.
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by MT: 6:21pm On Jan 25, 2019
Yes he does. The president can SUSPEND but he cannot REMOVE. A case of Jonathan "suspending" the then CBN governor , Lamido Sanusi readily comes to mind. Also, Jonathan "suspending" Ayo Salami.
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Nobody: 6:21pm On Jan 25, 2019
The old man has perfected his rigging machinery. You all can vote whoever you want, but he is not ready to stand up. He has the military, police, INEC, APC and even Fulani herdsmen leadership from his tribe and family to be in charge of every organ of governance.

Nigerians are waiting for foreigners to start the revolution for them....poor things.
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Nobody: 6:21pm On Jan 25, 2019
undecided lipsrsealed

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Ozkar: 6:21pm On Jan 25, 2019
It's outright disregard for separation of power.

They aren't even bothering to hide their determination to oust the CJN before he appoints tribunal judges. Suspend the CJN who wouldn't bend to your wishes, and put Buhari's kin who would then install judges who would in turn rape justice after APC rigs the election and the results are contested.

In saner climes, this ought to spark a revolution.

I swear down, GEJ was a better man and a better Nigerian than this senile illiterate tyrant. It's unfortunate the majority of Nigerians are cowardly and either shortsighted or plain stupid.

Shame on all of you that have sold your consciences and the future of Nigeria.
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