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Justice Walter Samuel Nkanu Onnoghen Was Suspended Based On Court Order - Politics (4) - Nairaland

Nairaland ForumNairaland GeneralPoliticsJustice Walter Samuel Nkanu Onnoghen Was Suspended Based On Court Order (44761 Views)

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Re: Justice Walter Samuel Nkanu Onnoghen Was Suspended Based On Court Order by baralatie(m): 8:31pm On Jan 25, 2019
CoolAmbience:
Then, go and stage a protest!

Mtchewww.

How can a man with such solemn responsibility be so corrupt and you are here talking balderdash?
I repeat this clear.the cct does not have any powers under the constitution of Nigeria 1999 and in the Justice Act that guide the courts to remove the chief justice of Nigeria in any manner.
if you can point where it is in your constitution that the cct has powers to remove the CJN prove it because this is a bigger offence committed by the president.
which is the outright breaking of the law by obtaining a false judgement from a court
Re: Justice Walter Samuel Nkanu Onnoghen Was Suspended Based On Court Order by Ugosample(m): 8:32pm On Jan 25, 2019
deji17:
Justice Walter Samuel Nkanu Onnoghen was suspended based on Court Order
where in the constitution did it say that the cjn can be suspended via court orderhuhhuh??

Useless govt

Useless country
Re: Justice Walter Samuel Nkanu Onnoghen Was Suspended Based On Court Order by ozo13(m): 8:33pm On Jan 25, 2019
DeRuggedProf:
I am only disappointed in the REDEEMED PASTOR who should have since resigned.

I am leaving REDEEMED because of oSINbajo.
grin
Re: Justice Walter Samuel Nkanu Onnoghen Was Suspended Based On Court Order by UyiIredia(m): 8:34pm On Jan 25, 2019
Where is that capital IDIOT CALLED Gbawe?
Re: Justice Walter Samuel Nkanu Onnoghen Was Suspended Based On Court Order by MobilityExpress: 8:35pm On Jan 25, 2019
nameo:
The CCT or the Supreme Court itself cannot give an order suspending or removing a judge. It has no such powers. The constitution is CLEAR on how a judge can be removed or suspended even when they CONTRAVENE code of conduct: through recommendation of the NJC or 2/3 majority of Senate.

Moreover, this same CCT has bee ordered to stay proceedings by a superior court- the Court of Appeal.

Good try.
Well, the CJN happens to be the Chairman NJC, and this is the loophole that made it legally possible for his suspension.
Re: Justice Walter Samuel Nkanu Onnoghen Was Suspended Based On Court Order by Emma1Oj(m): 8:36pm On Jan 25, 2019
DeRuggedProf:
I am only disappointed in the REDEEMED PASTOR who should have since resigned.

I am leaving REDEEMED because of oSINbajo.
Pls place your priority right, osinbajo don't even kn you dear.
Re: Justice Walter Samuel Nkanu Onnoghen Was Suspended Based On Court Order by Nobody: 8:36pm On Jan 25, 2019
DeRuggedProf:
I am only disappointed in the REDEEMED PASTOR who should have since resigned.

I am leaving REDEEMED because of oSINbajo.
That's Yorubas for you.

They are BETRAYERS and sellouts.


They have been rejoicing that the cjn was sacked and replaced with a northern Muslim and I wonder what they stand to gain.
Re: Justice Walter Samuel Nkanu Onnoghen Was Suspended Based On Court Order by nameo: 8:38pm On Jan 25, 2019
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??
Re: Justice Walter Samuel Nkanu Onnoghen Was Suspended Based On Court Order by baralatie(m): 8:38pm On Jan 25, 2019
MobilityExpress:
Well, the CJN happens to be the Chairman NJC, and this is the loophole that made it legally possible for his suspension.
there is no legality in any of the justice procedings that empowered the cct to remove the cjn
Re: Justice Walter Samuel Nkanu Onnoghen Was Suspended Based On Court Order by Buhariismad(m): 8:41pm On Jan 25, 2019
Your own former spokesman wrote the petition. The petition was received and investigated within 2 days. The man was charged the third day. Then after he went to court to challenge it, you, who don’t obey orders, suspend him on orders of the CCT. Are we children? #TankoIsaUsurper

deji17:
Buhari my guy..

Problem - CORRUPTION

What does cut the head of the snake mean?

A very comparable idiom is "to cut the head off the snake" It means to stop a larger problem by aiming at the source - often the leader, or a major culprit. The implication is that the rest of the problem will naturally die off without that source.

Three arms of Govt - Executive, Judiciary and the Legislature.

- Senate President - Leader of the Legislative Arm of Govt - Saraki
- CJN, Leader of the Judiciary - Onnoghen
- Executive . President Buhari

Breaking News:
ASSETS Declaration Fraud....

CCT serves mass summon against Judges.
Jan 25, 2019
Re: Justice Walter Samuel Nkanu Onnoghen Was Suspended Based On Court Order by MobilityExpress: 8:51pm On Jan 25, 2019
baralatie:
there is no legality in any of the justice procedings that empowered the cct to remove the cjn
http://lawnigeria.com/LawsoftheFederation/CODE-OF-CONDUCT-BUREAU-AND-TRIBUNAL-ACT.html
Re: Justice Walter Samuel Nkanu Onnoghen Was Suspended Based On Court Order by Nobody: 8:54pm On Jan 25, 2019
Good! just throw the crooked judge in prison. we don't want corrupt judges. sai baba!! buhari till 2044!!
Re: Justice Walter Samuel Nkanu Onnoghen Was Suspended Based On Court Order by Omeizadean(m): 8:56pm On Jan 25, 2019
sorom4:
Buhari is a Hitler. No matter what his evil plans are...he will be surely sent back to Daura or the Hague to answer for his crimes.

Anybody still supporting this administration is a goat.

Modified: for those giving goat another meaning...unu bu EWU.
One wonders why a reasonable person will continue to support this administration that is full of division, nepotism, corruption, lifelessness, economic meltdown, and other ills of a society.
Mumu flatibo u all maggot infested ibo brain keep calling Buhari's suporters as goat. But u will soon know an ordinary goat is better than an ibo anytime when the same goat's come February put Buhari into office again. May thunder fire u all children of corruption.
Re: Justice Walter Samuel Nkanu Onnoghen Was Suspended Based On Court Order by baralatie(m): 9:01pm On Jan 25, 2019
MobilityExpress:
http://lawnigeria.com/LawsoftheFederation/CODE-OF-CONDUCT-BUREAU-AND-TRIBUNAL-ACT.html
the same cct that has a court of appeal ruling by that states it cannot try any judicial officer not even the CJN without recourse to the NJC.see

http://www.lawpavilionplus.com/summary/judgments/?suitno=CA%2FL%2F969C%2F2017




INTRODUCTION:
This appeal borders on Criminal Prosecution of a serving Judicial Officer.
FACTS:
This is an appeal against the decision of the High Court of Lagos State; coram AKINTOYE, J., delivered on 23rd June, 2017, against the Appellant's Notice of Preliminary Objection dated and filed on the 13th June, 2017 challenging the jurisdiction of the Court to entertain and determine the instant information against the Appellant.
The Appellant was by a 14 Count information dated 8th June, 2017 charged for offences ranging from unlawful enrichment by a public officer to making false information contrary to Section 82(a) of the Criminal Law of Lagos State, No. 11, 2011 and Section 39(2) (a) of the EFCC (Establishment) Act, 2004. The Appellant upon being served with the information filed a Notice of Preliminary Objection challenging the jurisdiction of the trial Court to hear the case against him mainly on the ground that conditions precedent to the filing of the information had not been fulfilled. In its Ruling delivered on the 23rd June, 2017, the trial Court dismissed the preliminary objection.
Miffed with said Ruling, the Appellant appealed to the Court of Appeal.
ISSUES:
Appellant distilled two issues viz:
"1. Whether the lower Court can validly exercise criminal jurisdiction over a sitting judicial officer (the Appellant) whilst still occupying such office without first satisfying the condition precedent of subjecting such judicial officer to the disciplinary jurisdiction of the National Judicial Council as provided for in the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
2. Whether in view of the constitutionally guaranteed doctrine of independence of the Judiciary, the lower Court is right in reaching the conclusion that the executive arm of government (acting through the  EFCC or any other authority) can directly prosecute a sitting judicial officer without first following due process as provided for in the Constitution by first referring the matter by way of petition to the National Judicial Council." 
Respondent formulated a lone issue viz:
"Whether in view of the facts and circumstances of this case, it can be said that the learned trial judge lack the requisite jurisdiction to hear and determine the information dated and filed on the 8th day of June, 2017."
DECISION/HELD:
In a unanimous decision, the appeal was allowed. The Ruling of the Lagos State High Court delivered on 23rd June 2017, was set aside. The preliminary objection filed on 13th June, 2017 by the Appellant was upheld and Charge No.LD/4769C/2017 was struck out.   Back
Re: Justice Walter Samuel Nkanu Onnoghen Was Suspended Based On Court Order by Nobody: 9:04pm On Jan 25, 2019
AnanseK:
And Trust Buhari, he will complete Jonathan’s projects , whether it is the Abuja mono- rail , the Abuja - Kaduna rail, the Nnamdi Azikiwe Musoleum, the second Niger Bridge or even the abandoned PDP secretariat building site.
PDP secretariat join? Haaaaaaa!!!!!!

You dey find trouble ooo wink cheesy grin
Re: Justice Walter Samuel Nkanu Onnoghen Was Suspended Based On Court Order by googlepikins: 9:04pm On Jan 25, 2019
CoolAmbience:
Did you hear yourself...our own person indeed. Is he the one feeding you and your family?

He is corrupt and was removed. Period!

What do you mean by 'Buhari is wasting his time'?.........Onnoghen is gone.

CJN position is based on seniority so your talk of '16 years' bla bla makes no sense at all.

Are you a professor of law? Sagay and Osinbajo are.
The two useless fake professors are useless bastard that talk from both side of their mouth.
Re: Justice Walter Samuel Nkanu Onnoghen Was Suspended Based On Court Order by Meritocracy: 9:19pm On Jan 25, 2019
I blame Chief Onoghen for not declaring his assets.Our leaders should live by example, especially the judicial arm that's the last hope of common man. If the the wealth source is legal while hidden the money even if its made from naira bet or baba ijebu the owner should be able to explain.
Re: Justice Walter Samuel Nkanu Onnoghen Was Suspended Based On Court Order by MobilityExpress: 9:25pm On Jan 25, 2019
baralatie:
the same cct that has a court of appeal ruling by that states it cannot try any judicial officer not even the CJN without recourse to the NJC.see

http://www.lawpavilionplus.com/summary/judgments/?suitno=CA%2FL%2F969C%2F2017




INTRODUCTION:
This appeal borders on Criminal Prosecution of a serving Judicial Officer.
FACTS:
This is an appeal against the decision of the High Court of Lagos State; coram AKINTOYE, J., delivered on 23rd June, 2017, against the Appellant's Notice of Preliminary Objection dated and filed on the 13th June, 2017 challenging the jurisdiction of the Court to entertain and determine the instant information against the Appellant.
The Appellant was by a 14 Count information dated 8th June, 2017 charged for offences ranging from unlawful enrichment by a public officer to making false information contrary to Section 82(a) of the Criminal Law of Lagos State, No. 11, 2011 and Section 39(2) (a) of the EFCC (Establishment) Act, 2004. The Appellant upon being served with the information filed a Notice of Preliminary Objection challenging the jurisdiction of the trial Court to hear the case against him mainly on the ground that conditions precedent to the filing of the information had not been fulfilled. In its Ruling delivered on the 23rd June, 2017, the trial Court dismissed the preliminary objection.
Miffed with said Ruling, the Appellant appealed to the Court of Appeal.
ISSUES:
Appellant distilled two issues viz:
"1. Whether the lower Court can validly exercise criminal jurisdiction over a sitting judicial officer (the Appellant) whilst still occupying such office without first satisfying the condition precedent of subjecting such judicial officer to the disciplinary jurisdiction of the National Judicial Council as provided for in the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
2. Whether in view of the constitutionally guaranteed doctrine of independence of the Judiciary, the lower Court is right in reaching the conclusion that the executive arm of government (acting through the  EFCC or any other authority) can directly prosecute a sitting judicial officer without first following due process as provided for in the Constitution by first referring the matter by way of petition to the National Judicial Council." 
Respondent formulated a lone issue viz:
"Whether in view of the facts and circumstances of this case, it can be said that the learned trial judge lack the requisite jurisdiction to hear and determine the information dated and filed on the 8th day of June, 2017."
DECISION/HELD:
In a unanimous decision, the appeal was allowed. The Ruling of the Lagos State High Court delivered on 23rd June 2017, was set aside. The preliminary objection filed on 13th June, 2017 by the Appellant was upheld and Charge No.LD/4769C/2017 was struck out.   Back
I think you missed this clause:

18. Exemption

(1) The President may by order exempt any cadre of public officers from the provisions of this Act if it appears to him that their position in the public service is below the rank which it considers appropriate for the application of those provisions.

(2) The President may by order confer on the Bureau such additional powers as may appear to it to be necessary to enable it to discharge more effectively the functions conferred upon it under this Act.



*Keyword* President can confer additional powers on the CCT by order (spoken or executive) and President can by order grant exemption. So Presidential powers are in play here with the CCT. The President of Nigeria is constitutionally greater than NJC. So if he has so determined that the CCT should continue trial by the recommendation of the CCT, then so be it. All this social media noise won't save the CJN at this time, in fact it's causing him more damage than good. Because if the matter had not been brought to social media, it could have been easily swept under the carpet, but now the CJN will have to face the music. He himself knows it, that's why he has been quiet. They have used social media to put the man in more trouble. SMH!
Re: Justice Walter Samuel Nkanu Onnoghen Was Suspended Based On Court Order by Nobody: 9:31pm On Jan 25, 2019
sorom4:
Buhari is a Hitler. No matter what his evil plans are...he will be surely sent back to Daura or the Hague to answer for his crimes.

Anybody still supporting this administration is a goat.

Modified: for those giving goat another meaning...unu bu EWU.
One wonders why a reasonable person will continue to support this administration that is full of division, nepotism, corruption, lifelessness, economic meltdown, and other ills of a society.
your parents wasted their money by sending you to school.

Re: Justice Walter Samuel Nkanu Onnoghen Was Suspended Based On Court Order by Nobody: 9:38pm On Jan 25, 2019
SalamRushdie:
there is nothing like that in our constitution..when it comes to removing the head of any of the 3 Arms of Govt the constitution is super clear ..are you saying the CCT can advise that the presidn be suspended ...hell no ..no matter how you Islamic fanatics of Buharism try to twist this it's illegal !!!!!!!
avoid lagoon and rope
iPod terrorist
e go clear for your eye's soon
corruption personified
Re: Justice Walter Samuel Nkanu Onnoghen Was Suspended Based On Court Order by SalamRushdie: 9:39pm On Jan 25, 2019
bamidelee:
avoid lagoon and rope
iPod terrorist
e go clear for your eye's soon
corruption personified
you are a criminal you this man
Re: Justice Walter Samuel Nkanu Onnoghen Was Suspended Based On Court Order by Essential(m): 9:40pm On Jan 25, 2019
Pdp should go to hell
Re: Justice Walter Samuel Nkanu Onnoghen Was Suspended Based On Court Order by baralatie(m): 9:41pm On Jan 25, 2019
MobilityExpress:
I think you missed this clause:

18. Exemption

(1) The President may by order exempt any cadre of public officers from the provisions of this Act if it appears to him that their position in the public service is below the rank which it considers appropriate for the application of those provisions.

(2) The President may by order confer on the Bureau such additional powers as may appear to it to be necessary to enable it to discharge more effectively the functions conferred upon it under this Act.



*Keyword* President can confer additional powers on the CCT by order (spoken or executive) and President can by order grant exemption. So Presidential powers are in play here with the CCT. The President of Nigeria is constitutionally greater than NJC. So if he has so determined that the CCT should continue trial by the recommendation of the CCT, then so be it. All this social media noise won't save the CJN at this time, in fact it's causing him more damage than good. Because if the matter had not been brought to social media, it could have been easily swept under the carpet, but now the CJN will have to face the music. He himself knows it, that's why he has been quiet. They have used social media to put the man in more trouble. SMH!
does the president giving authority orally to cct change the powers of the cct to go against the a verdict of a court of jurisprudence in Nigeria of which the Presidency is bound to obey and for the cct to go against the Law and the justice act converted by the constitution that supecedes the president
Re: Justice Walter Samuel Nkanu Onnoghen Was Suspended Based On Court Order by Nobody: 9:43pm On Jan 25, 2019
SalamRushdie:
you are a criminal you this man
ring leader of criminals frustrated terrorist
Re: Justice Walter Samuel Nkanu Onnoghen Was Suspended Based On Court Order by Yusuf54: 9:47pm On Jan 25, 2019
googlepikins:
CCT can't even sack a high court judge let alone CJN.


Buhari knows he will lose the election so he wants to destroy the country first.
He doesn't need your 5percent useless votes...Onnoghen outtttttt.
Re: Justice Walter Samuel Nkanu Onnoghen Was Suspended Based On Court Order by capponla231(m): 9:56pm On Jan 25, 2019
buharideen obeying court oda 4 d very 1st time, yeye dey smell.

Re: Justice Walter Samuel Nkanu Onnoghen Was Suspended Based On Court Order by Mrtims60: 9:57pm On Jan 25, 2019
Impunity of the highest other Buhari has ones again proven that he has no respect for the rule of law
Our democracy is in trouble. If you still support APC With all this injustice in the country that means you don't have conscience
PMB should note that he will definitely leave that seat someday then he will pay for all his evil doings
God is watching
Re: Justice Walter Samuel Nkanu Onnoghen Was Suspended Based On Court Order by CoolAmbience(m): 10:02pm On Jan 25, 2019
nameo:
Enlighten me, your Lordship

Before you do so plzz think hard and Long.
I do not usually take prisoners
I won't educate on anything but let me ask if you are a professor of law.
Re: Justice Walter Samuel Nkanu Onnoghen Was Suspended Based On Court Order by CoolAmbience(m): 10:03pm On Jan 25, 2019
googlepikins:
The two useless fake professors are useless bastard that talk from both side of their mouth.
Are you a professor of any kind?

I mean even a bastard professor.
Re: Justice Walter Samuel Nkanu Onnoghen Was Suspended Based On Court Order by SEONaijaExpert: 10:04pm On Jan 25, 2019
SalamRushdie:
[s]when I said you were no smart earlier you objected and now again you are proving me right .. ( I am very sure you are about 29 years old and you still stay with your mum)... Read about the 3 Arms of govt and tell me what due process you saw[/s]
I thought you were educated, you're a big disappointment to yourself and everything you represent.

You're talking about the 3 arms of the government in which I believe you've no clue what it states or proffer in a situation like this.

Once again I repeat that the President followed due process. Quote me anywhere and present your rebuttal. Hope you will make sense on the next one.
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