₦airaland Forum

PROPHETmichael:
No time for long grammars, Buhari doesn't care and he doesn't read according to Amaechi. PDP as a matter of urgency should suspend all campaign activities and mobilise all lovers of democracy for a nationwide protest NOW. Saraki's Senate should start impeachment proceedings against the I M B E C I L E.

Me self will protest if the man can explain how he got all the money found in his account

Not writing all there epistle, all I want to hear is how do we restore the CJN and impeach PMB.

“You don’t urinate into the same well you’ll go back to and fetch water”

[quote author= post=75123320]Comments are flowing......
Bring it on Nigerians......[/quote]You are booking space to spill your nonsense
BASTARD

The new CJN is Tanko Muhammed.. End of story!


-python2

*sigh*

stephanie11:
@POLITICSNGR

The purported suspension of the Chief Justice of Nigeria (CJN), Honourable Justice Walter Onnoghen, by President Muhammadu Buhari is unequivocally unconstitutional, illegal, immoral and grossly indefensible. What General Buhari has done, putting it mildly, is a brazen coup against democracy.

The following 20 (twenty) points are worth noting:

1. The office of the CJN is not a ministerial or extra-ministerial position. It is a creation of Sections 230 (1) (a) and 231 (1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) (subsequently referred to as ‘the Constitution’).

2. The Chief Justice of Nigeria is the head and symbol of authority of the Nigerian Judiciary. The Judiciary is neither an agency of the federal government nor a department in the Executive. It is one of the three Arms of Government and is established by Section 6 of the Constitution. The CJN is to the judicial arm of government what the President is to the executive arm. The three arms are co-equals and none is subservient to the other.

3. The President cannot appoint or remove the CJN unilaterally. The Constitution has explicitly stated the procedure for the appointment and removal of the CJN and no court, tribunal, president or other authority or person in Nigeria can derogate from, override or alter the said procedure.

4. By Section 231 (1) and (2) of the Constitution, the appointment of the CJN requires the compulsory involvement of the three arms of government. The President appoints the CJN on the recommendation of the National Judicial Council (NJC) subject to the approval of the Senate.

5. By virtue of Section 292 (1) and Paragraph 20 and 21 of the Third Schedule to the Constitution, the CJN enjoys security of tenure and is not removable except within the strict procedure and for the specific reasons enshrined therein.

6. The CJN as a judicial officer can only be removed from office by the President acting on an address supported by two thirds majority of the Senate for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or body) or for misconduct or contravention of the Code of Conduct. Anything contrary to this procedure is unconstitutional.

7. The NJC has not recommended the removal of Justice Onnoghen to the President. The NJC has not exercised its exclusive disciplinary control over Justice Onnoghen. Only the NJC is constitutionally vested with the power of disciplinary control, including power of suspension, over a judicial officer. In exercising that power, Section 158 (1) of the Constitution states that the NJC shall not be subject to the direction or control of any other authority or person. See the case of HON. JUSTICE RALIAT ELELU-HABEEB & ANOR. ATTORNEY-GENERAL OF THE FEDERATION & 2 ORS. (2012) NWLR (PT. 629) 1011 where the Supreme Court emphatically pronounced on the issue of how a judicial officer can be sanctioned.

8. I have perused the Certified True Copy of the enrolled ex-parte order made by the Code of Conduct Tribunal dated Wednesday, 23rd January, 2019. I find the said order extremely offensive to the Rule of Law. The Order seeks to achieve that which the Constitution has unarguably forbidden.

9. The enrolled order signed by the Chairman of the Code of Conduct Tribunal (CCT), Hon. Danladi Y. Umar, and one other member of the Tribunal (Hon. Mrs. Julie A. Anabor), purports to direct Hon. Justice Onnoghen to ‘’step aside’’ as the CJN and Chairman of the NJC pending the determination of the Motion on Notice dated the 10th day of January, 2019. On the face of the said order, the name of the legal practitioner who moved the motion ex-parte is not stated. This is rather strange. Did the Tribunal suo moto (on its own motion) move the motion?

10. Interestingly, the same Tribunal sat on Tuesday, 22nd January, 2019 and adjourned to Monday, 28th January, 2019 to rule on the Preliminary Objection filed by Justice Onnoghen challenging the jurisdiction of the CCT to try him without recourse to the NJC contrary to the decision of the Court of Appeal in the case of NGANJIWA v FRN (2017) LPELR-43391(CA).

11. The law is firmly settled that once the jurisdiction of a court or judicial tribunal is challenged, the only jurisdiction the court has is to determine whether it has jurisdiction. The CCT having been seized of the frontal challenge to its jurisdiction, could not have granted an ex-parte order on the 23rd of January, 2019 without determining whether it has jurisdiction. In the recent case of ATTORNEY-GENERAL OF THE FEDERATION v. ATTORNEY-GENERAL OF LAGOS STATE (2017) LPELR-42769(SC), the Supreme Court restated this sacrosanct principle thus:
"There is no gainsaying that issue of jurisdiction is radical and a crucial point which when raised, is challenging the competence of the Court to hear and determine the case. Any proceedings conducted by a Court which does not have jurisdiction, no matter how well or brilliantly it was conducted is a nullity. See Dapianlong vs Dariye (2007) 8 NWLR (pt. 1036) 332. That is the more reason why when Court's jurisdiction is challenged, the Court must first of all assume jurisdiction to decide whether in very clear and unambiguous terms, it has or lacks jurisdiction. See State Dosunmu Mansion vs Halliburton Energy Services Ltd (2007) 2 NWLR [pt.108) 211; Nnonye v Anyichie (2005) 2 NWLR (pt. 910) 623. Per SANUSI, J.S.C. (p. 43-45, pp. D - A).

12. The CCT, without determining whether it has jurisdiction over Justice Onnoghen as required by law, proceeded to give a flagrantly illegal order purporting to suspend the CJN from office. That order, with the greatest respect, is reminiscent of the inglorious order given by Justice Bassey Ikpeme stopping further announcement of results of the June 12, 1993 presidential election which crystalized into the criminal nullification of the June 12, 1993 election by the Babangida junta."

13. I have read the long statement made by President Buhari while swearing-in Hon. Justice Ibrahim Tanko Mohammed as the Acting Chief Justice of Nigeria. Buhari struggled unsuccessfully to justify his unlawful action by relying on the order of the CCT. The Constitution does not say that the President shall suspend the CJN based on the order of a court or tribunal. It is a desecration of our Constitution for Buhari to suspend Justice Onnoghen.

14. Those arguing that the President merely suspended the CJN and has not removed him are either oblivious of the law or willfully mischievous. The CJN is not an appointee of the President and does not hold office at the pleasure of the President.

15. President Buhari cannot suspend the CJN. The CCT cannot give an order directing the President to remove or suspend the CJN. The CCT cannot ask the CJN to ‘’step aside’’. This conspiratorial attack on the institution of the Judiciary is a dangerous precedent. Can a judge give an order suspending the President from office without recourse to the National Assembly? If the answer is in the negative, why should the President suspend the CJN whose tenure is constitutionally protected without recourse to the NJC and the Senate as prescribed in the Constitution?

16. The CCT Chairman, Danladi Umar, is himself a subject of a pending criminal charge filed by Mr. Festus Keyamo at the Federal High Court on behalf of the EFCC. The CCT Chairman despite the pendency of the criminal charges against him, has not stepped aside and has not been suspended.

17. Mr. Okoi Obono-obla, the President’s aide on Public Prosecutions, has not been fired, arrested or prosecuted despite his indictment by the House of Representatives for certificate forgery as attested publicly by the West African Examination Council. Mr. Maina is yet to be prosecuted for allegedly stealing pension funds. There are myriads of odiferous corruption cases against people and officials who are close to this President. Yet, Buhari continues to shield alleged criminals who are his friends and party men. Mr. Buhari is accusing Justice Onnoghen of failure to declare his assets, however, it is on record that Buhari’s own asset declaration is still shrouded in secrecy, and has not been publicly disclosed as he vehemently promised in 2015. What could be more hypocritical than this?

18. One wonders whether a single Justice of the Supreme Court can determine the decision of the court. The Supreme Court sits in a panel of five or seven Justices. If a decision of the Supreme Court is fraudulent procured through bribery, it is only logical to infer that all or majority of the members of the panel were bribed. I am not holding brief for Justice Onnoghen. However, given the delay that greeted the appointment of Justice Onnoghen, one is tempted to ask whether his security clearance was compromised?

19. Prof. Itse Sagay has stated that the suspension of Justice Onnoghen is constitutional because the President is empowered to remove the CJN for breach of the Code of Conduct. The learned silk, with respect, is turning the law on its head. That line of argument is inconsistent with the right to presumption of innocence enshrined in Section 36(5) of the Constitution. Justice Onnoghen has not been convicted by any court or tribunal. It is therefore preposterous to say that the President can remove him for violating the Code of Conduct.

20. Let me end by submitting that the atrocious, unconscionable, unconstitutional and duplicitous suspension of the CJN by this vicious and totalitarian regime has eroded our democracy. We all have a duty to oppose and resist it, not for the sake of Justice Onnoghen, but for the sake of posterity and the verdict of history. We should not excuse or defend this crass impunity because of political expediency.

Corruption must be tackled, but not by corrupt means. We must send a message to President Buhari that Nigeria is greater than him.

https://politicsngr.com/illegality-suspension-cjn-20-points-note-inibehe-effiong/

Lolxx.... The rigging process has just began... I laugh in hindukikikikik

[s]

stephanie11:
@POLITICSNGR

The purported suspension of the Chief Justice of Nigeria (CJN), Honourable Justice Walter Onnoghen, by President Muhammadu Buhari is unequivocally unconstitutional, illegal, immoral and grossly indefensible. What General Buhari has done, putting it mildly, is a brazen coup against democracy.

The following 20 (twenty) points are worth noting:

1. The office of the CJN is not a ministerial or extra-ministerial position. It is a creation of Sections 230 (1) (a) and 231 (1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) (subsequently referred to as ‘the Constitution’).

2. The Chief Justice of Nigeria is the head and symbol of authority of the Nigerian Judiciary. The Judiciary is neither an agency of the federal government nor a department in the Executive. It is one of the three Arms of Government and is established by Section 6 of the Constitution. The CJN is to the judicial arm of government what the President is to the executive arm. The three arms are co-equals and none is subservient to the other.

3. The President cannot appoint or remove the CJN unilaterally. The Constitution has explicitly stated the procedure for the appointment and removal of the CJN and no court, tribunal, president or other authority or person in Nigeria can derogate from, override or alter the said procedure.

4. By Section 231 (1) and (2) of the Constitution, the appointment of the CJN requires the compulsory involvement of the three arms of government. The President appoints the CJN on the recommendation of the National Judicial Council (NJC) subject to the approval of the Senate.

5. By virtue of Section 292 (1) and Paragraph 20 and 21 of the Third Schedule to the Constitution, the CJN enjoys security of tenure and is not removable except within the strict procedure and for the specific reasons enshrined therein.

6. The CJN as a judicial officer can only be removed from office by the President acting on an address supported by two thirds majority of the Senate for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or body) or for misconduct or contravention of the Code of Conduct. Anything contrary to this procedure is unconstitutional.

7. The NJC has not recommended the removal of Justice Onnoghen to the President. The NJC has not exercised its exclusive disciplinary control over Justice Onnoghen. Only the NJC is constitutionally vested with the power of disciplinary control, including power of suspension, over a judicial officer. In exercising that power, Section 158 (1) of the Constitution states that the NJC shall not be subject to the direction or control of any other authority or person. See the case of HON. JUSTICE RALIAT ELELU-HABEEB & ANOR. ATTORNEY-GENERAL OF THE FEDERATION & 2 ORS. (2012) NWLR (PT. 629) 1011 where the Supreme Court emphatically pronounced on the issue of how a judicial officer can be sanctioned.

8. I have perused the Certified True Copy of the enrolled ex-parte order made by the Code of Conduct Tribunal dated Wednesday, 23rd January, 2019. I find the said order extremely offensive to the Rule of Law. The Order seeks to achieve that which the Constitution has unarguably forbidden.

9. The enrolled order signed by the Chairman of the Code of Conduct Tribunal (CCT), Hon. Danladi Y. Umar, and one other member of the Tribunal (Hon. Mrs. Julie A. Anabor), purports to direct Hon. Justice Onnoghen to ‘’step aside’’ as the CJN and Chairman of the NJC pending the determination of the Motion on Notice dated the 10th day of January, 2019. On the face of the said order, the name of the legal practitioner who moved the motion ex-parte is not stated. This is rather strange. Did the Tribunal suo moto (on its own motion) move the motion?

10. Interestingly, the same Tribunal sat on Tuesday, 22nd January, 2019 and adjourned to Monday, 28th January, 2019 to rule on the Preliminary Objection filed by Justice Onnoghen challenging the jurisdiction of the CCT to try him without recourse to the NJC contrary to the decision of the Court of Appeal in the case of NGANJIWA v FRN (2017) LPELR-43391(CA).

11. The law is firmly settled that once the jurisdiction of a court or judicial tribunal is challenged, the only jurisdiction the court has is to determine whether it has jurisdiction. The CCT having been seized of the frontal challenge to its jurisdiction, could not have granted an ex-parte order on the 23rd of January, 2019 without determining whether it has jurisdiction. In the recent case of ATTORNEY-GENERAL OF THE FEDERATION v. ATTORNEY-GENERAL OF LAGOS STATE (2017) LPELR-42769(SC), the Supreme Court restated this sacrosanct principle thus:
"There is no gainsaying that issue of jurisdiction is radical and a crucial point which when raised, is challenging the competence of the Court to hear and determine the case. Any proceedings conducted by a Court which does not have jurisdiction, no matter how well or brilliantly it was conducted is a nullity. See Dapianlong vs Dariye (2007) 8 NWLR (pt. 1036) 332. That is the more reason why when Court's jurisdiction is challenged, the Court must first of all assume jurisdiction to decide whether in very clear and unambiguous terms, it has or lacks jurisdiction. See State Dosunmu Mansion vs Halliburton Energy Services Ltd (2007) 2 NWLR [pt.108) 211; Nnonye v Anyichie (2005) 2 NWLR (pt. 910) 623. Per SANUSI, J.S.C. (p. 43-45, pp. D - A).

12. The CCT, without determining whether it has jurisdiction over Justice Onnoghen as required by law, proceeded to give a flagrantly illegal order purporting to suspend the CJN from office. That order, with the greatest respect, is reminiscent of the inglorious order given by Justice Bassey Ikpeme stopping further announcement of results of the June 12, 1993 presidential election which crystalized into the criminal nullification of the June 12, 1993 election by the Babangida junta."

13. I have read the long statement made by President Buhari while swearing-in Hon. Justice Ibrahim Tanko Mohammed as the Acting Chief Justice of Nigeria. Buhari struggled unsuccessfully to justify his unlawful action by relying on the order of the CCT. The Constitution does not say that the President shall suspend the CJN based on the order of a court or tribunal. It is a desecration of our Constitution for Buhari to suspend Justice Onnoghen.

14. Those arguing that the President merely suspended the CJN and has not removed him are either oblivious of the law or willfully mischievous. The CJN is not an appointee of the President and does not hold office at the pleasure of the President.

15. President Buhari cannot suspend the CJN. The CCT cannot give an order directing the President to remove or suspend the CJN. The CCT cannot ask the CJN to ‘’step aside’’. This conspiratorial attack on the institution of the Judiciary is a dangerous precedent. Can a judge give an order suspending the President from office without recourse to the National Assembly? If the answer is in the negative, why should the President suspend the CJN whose tenure is constitutionally protected without recourse to the NJC and the Senate as prescribed in the Constitution?

16. The CCT Chairman, Danladi Umar, is himself a subject of a pending criminal charge filed by Mr. Festus Keyamo at the Federal High Court on behalf of the EFCC. The CCT Chairman despite the pendency of the criminal charges against him, has not stepped aside and has not been suspended.

17. Mr. Okoi Obono-obla, the President’s aide on Public Prosecutions, has not been fired, arrested or prosecuted despite his indictment by the House of Representatives for certificate forgery as attested publicly by the West African Examination Council. Mr. Maina is yet to be prosecuted for allegedly stealing pension funds. There are myriads of odiferous corruption cases against people and officials who are close to this President. Yet, Buhari continues to shield alleged criminals who are his friends and party men. Mr. Buhari is accusing Justice Onnoghen of failure to declare his assets, however, it is on record that Buhari’s own asset declaration is still shrouded in secrecy, and has not been publicly disclosed as he vehemently promised in 2015. What could be more hypocritical than this?

18. One wonders whether a single Justice of the Supreme Court can determine the decision of the court. The Supreme Court sits in a panel of five or seven Justices. If a decision of the Supreme Court is fraudulent procured through bribery, it is only logical to infer that all or majority of the members of the panel were bribed. I am not holding brief for Justice Onnoghen. However, given the delay that greeted the appointment of Justice Onnoghen, one is tempted to ask whether his security clearance was compromised?

19. Prof. Itse Sagay has stated that the suspension of Justice Onnoghen is constitutional because the President is empowered to remove the CJN for breach of the Code of Conduct. The learned silk, with respect, is turning the law on its head. That line of argument is inconsistent with the right to presumption of innocence enshrined in Section 36(5) of the Constitution. Justice Onnoghen has not been convicted by any court or tribunal. It is therefore preposterous to say that the President can remove him for violating the Code of Conduct.

20. Let me end by submitting that the atrocious, unconscionable, unconstitutional and duplicitous suspension of the CJN by this vicious and totalitarian regime has eroded our democracy. We all have a duty to oppose and resist it, not for the sake of Justice Onnoghen, but for the sake of posterity and the verdict of history. We should not excuse or defend this crass impunity because of political expediency.

Corruption must be tackled, but not by corrupt means. We must send a message to President Buhari that Nigeria is greater than him.

https://politicsngr.com/illegality-suspension-cjn-20-points-note-inibehe-effiong/

[/s]


Long gibberish!

What Buhari has done to this nation is something that will take decades to get over with

Rich4god:
All these noise sef...

When the president was busy breaking rules, the judiciary system failed to act. Now that they hammer have fallen on them, they are busy quoting constitution.

..The same hammer wii certainly go round including landing on your head if you dont act

.What goes around comes around

stephanie11:
@POLITICSNGR

The purported suspension of the Chief Justice of Nigeria (CJN), Honourable Justice Walter Onnoghen, by President Muhammadu Buhari is unequivocally unconstitutional, illegal, immoral and grossly indefensible. What General Buhari has done, putting it mildly, is a brazen coup against democracy.

The following 20 (twenty) points are worth noting:

1. The office of the CJN is not a ministerial or extra-ministerial position. It is a creation of Sections 230 (1) (a) and 231 (1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) (subsequently referred to as ‘the Constitution’).

2. The Chief Justice of Nigeria is the head and symbol of authority of the Nigerian Judiciary. The Judiciary is neither an agency of the federal government nor a department in the Executive. It is one of the three Arms of Government and is established by Section 6 of the Constitution. The CJN is to the judicial arm of government what the President is to the executive arm. The three arms are co-equals and none is subservient to the other.

3. The President cannot appoint or remove the CJN unilaterally. The Constitution has explicitly stated the procedure for the appointment and removal of the CJN and no court, tribunal, president or other authority or person in Nigeria can derogate from, override or alter the said procedure.

4. By Section 231 (1) and (2) of the Constitution, the appointment of the CJN requires the compulsory involvement of the three arms of government. The President appoints the CJN on the recommendation of the National Judicial Council (NJC) subject to the approval of the Senate.

5. By virtue of Section 292 (1) and Paragraph 20 and 21 of the Third Schedule to the Constitution, the CJN enjoys security of tenure and is not removable except within the strict procedure and for the specific reasons enshrined therein.

6. The CJN as a judicial officer can only be removed from office by the President acting on an address supported by two thirds majority of the Senate for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or body) or for misconduct or contravention of the Code of Conduct. Anything contrary to this procedure is unconstitutional.

7. The NJC has not recommended the removal of Justice Onnoghen to the President. The NJC has not exercised its exclusive disciplinary control over Justice Onnoghen. Only the NJC is constitutionally vested with the power of disciplinary control, including power of suspension, over a judicial officer. In exercising that power, Section 158 (1) of the Constitution states that the NJC shall not be subject to the direction or control of any other authority or person. See the case of HON. JUSTICE RALIAT ELELU-HABEEB & ANOR. ATTORNEY-GENERAL OF THE FEDERATION & 2 ORS. (2012) NWLR (PT. 629) 1011 where the Supreme Court emphatically pronounced on the issue of how a judicial officer can be sanctioned.

8. I have perused the Certified True Copy of the enrolled ex-parte order made by the Code of Conduct Tribunal dated Wednesday, 23rd January, 2019. I find the said order extremely offensive to the Rule of Law. The Order seeks to achieve that which the Constitution has unarguably forbidden.

9. The enrolled order signed by the Chairman of the Code of Conduct Tribunal (CCT), Hon. Danladi Y. Umar, and one other member of the Tribunal (Hon. Mrs. Julie A. Anabor), purports to direct Hon. Justice Onnoghen to ‘’step aside’’ as the CJN and Chairman of the NJC pending the determination of the Motion on Notice dated the 10th day of January, 2019. On the face of the said order, the name of the legal practitioner who moved the motion ex-parte is not stated. This is rather strange. Did the Tribunal suo moto (on its own motion) move the motion?

10. Interestingly, the same Tribunal sat on Tuesday, 22nd January, 2019 and adjourned to Monday, 28th January, 2019 to rule on the Preliminary Objection filed by Justice Onnoghen challenging the jurisdiction of the CCT to try him without recourse to the NJC contrary to the decision of the Court of Appeal in the case of NGANJIWA v FRN (2017) LPELR-43391(CA).

11. The law is firmly settled that once the jurisdiction of a court or judicial tribunal is challenged, the only jurisdiction the court has is to determine whether it has jurisdiction. The CCT having been seized of the frontal challenge to its jurisdiction, could not have granted an ex-parte order on the 23rd of January, 2019 without determining whether it has jurisdiction. In the recent case of ATTORNEY-GENERAL OF THE FEDERATION v. ATTORNEY-GENERAL OF LAGOS STATE (2017) LPELR-42769(SC), the Supreme Court restated this sacrosanct principle thus:
"There is no gainsaying that issue of jurisdiction is radical and a crucial point which when raised, is challenging the competence of the Court to hear and determine the case. Any proceedings conducted by a Court which does not have jurisdiction, no matter how well or brilliantly it was conducted is a nullity. See Dapianlong vs Dariye (2007) 8 NWLR (pt. 1036) 332. That is the more reason why when Court's jurisdiction is challenged, the Court must first of all assume jurisdiction to decide whether in very clear and unambiguous terms, it has or lacks jurisdiction. See State Dosunmu Mansion vs Halliburton Energy Services Ltd (2007) 2 NWLR [pt.108) 211; Nnonye v Anyichie (2005) 2 NWLR (pt. 910) 623. Per SANUSI, J.S.C. (p. 43-45, pp. D - A).

12. The CCT, without determining whether it has jurisdiction over Justice Onnoghen as required by law, proceeded to give a flagrantly illegal order purporting to suspend the CJN from office. That order, with the greatest respect, is reminiscent of the inglorious order given by Justice Bassey Ikpeme stopping further announcement of results of the June 12, 1993 presidential election which crystalized into the criminal nullification of the June 12, 1993 election by the Babangida junta."

13. I have read the long statement made by President Buhari while swearing-in Hon. Justice Ibrahim Tanko Mohammed as the Acting Chief Justice of Nigeria. Buhari struggled unsuccessfully to justify his unlawful action by relying on the order of the CCT. The Constitution does not say that the President shall suspend the CJN based on the order of a court or tribunal. It is a desecration of our Constitution for Buhari to suspend Justice Onnoghen.

14. Those arguing that the President merely suspended the CJN and has not removed him are either oblivious of the law or willfully mischievous. The CJN is not an appointee of the President and does not hold office at the pleasure of the President.

15. President Buhari cannot suspend the CJN. The CCT cannot give an order directing the President to remove or suspend the CJN. The CCT cannot ask the CJN to ‘’step aside’’. This conspiratorial attack on the institution of the Judiciary is a dangerous precedent. Can a judge give an order suspending the President from office without recourse to the National Assembly? If the answer is in the negative, why should the President suspend the CJN whose tenure is constitutionally protected without recourse to the NJC and the Senate as prescribed in the Constitution?

16. The CCT Chairman, Danladi Umar, is himself a subject of a pending criminal charge filed by Mr. Festus Keyamo at the Federal High Court on behalf of the EFCC. The CCT Chairman despite the pendency of the criminal charges against him, has not stepped aside and has not been suspended.

17. Mr. Okoi Obono-obla, the President’s aide on Public Prosecutions, has not been fired, arrested or prosecuted despite his indictment by the House of Representatives for certificate forgery as attested publicly by the West African Examination Council. Mr. Maina is yet to be prosecuted for allegedly stealing pension funds. There are myriads of odiferous corruption cases against people and officials who are close to this President. Yet, Buhari continues to shield alleged criminals who are his friends and party men. Mr. Buhari is accusing Justice Onnoghen of failure to declare his assets, however, it is on record that Buhari’s own asset declaration is still shrouded in secrecy, and has not been publicly disclosed as he vehemently promised in 2015. What could be more hypocritical than this?

18. One wonders whether a single Justice of the Supreme Court can determine the decision of the court. The Supreme Court sits in a panel of five or seven Justices. If a decision of the Supreme Court is fraudulent procured through bribery, it is only logical to infer that all or majority of the members of the panel were bribed. I am not holding brief for Justice Onnoghen. However, given the delay that greeted the appointment of Justice Onnoghen, one is tempted to ask whether his security clearance was compromised?

19. Prof. Itse Sagay has stated that the suspension of Justice Onnoghen is constitutional because the President is empowered to remove the CJN for breach of the Code of Conduct. The learned silk, with respect, is turning the law on its head. That line of argument is inconsistent with the right to presumption of innocence enshrined in Section 36(5) of the Constitution. Justice Onnoghen has not been convicted by any court or tribunal. It is therefore preposterous to say that the President can remove him for violating the Code of Conduct.

20. Let me end by submitting that the atrocious, unconscionable, unconstitutional and duplicitous suspension of the CJN by this vicious and totalitarian regime has eroded our democracy. We all have a duty to oppose and resist it, not for the sake of Justice Onnoghen, but for the sake of posterity and the verdict of history. We should not excuse or defend this crass impunity because of political expediency.

Corruption must be tackled, but not by corrupt means. We must send a message to President Buhari that Nigeria is greater than him.

https://politicsngr.com/illegality-suspension-cjn-20-points-note-inibehe-effiong/

Quote anything u want to quote, the fact remains Buhari has acted within d jurisdiction of the law. CJN is guilty of not declaring his asset as stipulated by the law so him face the music

Ok

KingOvo:
I'd like to reiterate the comment I made earlier on this issue.

Reading through Nairaland comments has to be one of the most mentally stressful things I do all day.
I'm here reading comments on how Buhari is right to sack the CJN and I'm shaking my head rigorously.
Agreeing without conceding that he is guilty (innocent until proven otherwise right), since when did the executive have the power to remove officials of the judiciary?
What happened to the concept of the Independence of the Judiciary? Since the case is in a court of competent jurisdiction, why didn't Buhari trust the process and wait for their pronouncement?
This a blatant disregard for the rule of Separation of Powers and there are people here saying they're in support of the removal.
Obasanjo was perhaps right, Buhari is another Abacha, and if they're people still in support of this nonsense, the future of this country is bleak.

I stopped reading at the bolded. Buhari can't sack/remove the CJN but he can suspend him which is what he did. Why are you guys crying? If the CJN feels what was done is injustice, he should go to court or has he forgotten a courts exists the way he forgot the declare the bogus sum found in his account?

I hope you wrote this long epistle when Sanusi ; former CBN governor was unilateral suspended by GEJ

Mind you, I totally against any action that doesn't follow due process but I believe our biased reasoning in this country is horrible. We only speak when it's convenient

I stop reading when he was taking about removal. What president buhari did was suspension not removal.

stephanie11:
@POLITICSNGR

The purported suspension of the Chief Justice of Nigeria (CJN), Honourable Justice Walter Onnoghen, by President Muhammadu Buhari is unequivocally unconstitutional, illegal, immoral and grossly indefensible. What General Buhari has done, putting it mildly, is a brazen coup against democracy.

The following 20 (twenty) points are worth noting:

1. The office of the CJN is not a ministerial or extra-ministerial position. It is a creation of Sections 230 (1) (a) and 231 (1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) (subsequently referred to as ‘the Constitution’).

2. The Chief Justice of Nigeria is the head and symbol of authority of the Nigerian Judiciary. The Judiciary is neither an agency of the federal government nor a department in the Executive. It is one of the three Arms of Government and is established by Section 6 of the Constitution. The CJN is to the judicial arm of government what the President is to the executive arm. The three arms are co-equals and none is subservient to the other.

3. The President cannot appoint or remove the CJN unilaterally. The Constitution has explicitly stated the procedure for the appointment and removal of the CJN and no court, tribunal, president or other authority or person in Nigeria can derogate from, override or alter the said procedure.

4. By Section 231 (1) and (2) of the Constitution, the appointment of the CJN requires the compulsory involvement of the three arms of government. The President appoints the CJN on the recommendation of the National Judicial Council (NJC) subject to the approval of the Senate.

5. By virtue of Section 292 (1) and Paragraph 20 and 21 of the Third Schedule to the Constitution, the CJN enjoys security of tenure and is not removable except within the strict procedure and for the specific reasons enshrined therein.

6. The CJN as a judicial officer can only be removed from office by the President acting on an address supported by two thirds majority of the Senate for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or body) or for misconduct or contravention of the Code of Conduct. Anything contrary to this procedure is unconstitutional.

7. The NJC has not recommended the removal of Justice Onnoghen to the President. The NJC has not exercised its exclusive disciplinary control over Justice Onnoghen. Only the NJC is constitutionally vested with the power of disciplinary control, including power of suspension, over a judicial officer. In exercising that power, Section 158 (1) of the Constitution states that the NJC shall not be subject to the direction or control of any other authority or person. See the case of HON. JUSTICE RALIAT ELELU-HABEEB & ANOR. ATTORNEY-GENERAL OF THE FEDERATION & 2 ORS. (2012) NWLR (PT. 629) 1011 where the Supreme Court emphatically pronounced on the issue of how a judicial officer can be sanctioned.

8. I have perused the Certified True Copy of the enrolled ex-parte order made by the Code of Conduct Tribunal dated Wednesday, 23rd January, 2019. I find the said order extremely offensive to the Rule of Law. The Order seeks to achieve that which the Constitution has unarguably forbidden.

9. The enrolled order signed by the Chairman of the Code of Conduct Tribunal (CCT), Hon. Danladi Y. Umar, and one other member of the Tribunal (Hon. Mrs. Julie A. Anabor), purports to direct Hon. Justice Onnoghen to ‘’step aside’’ as the CJN and Chairman of the NJC pending the determination of the Motion on Notice dated the 10th day of January, 2019. On the face of the said order, the name of the legal practitioner who moved the motion ex-parte is not stated. This is rather strange. Did the Tribunal suo moto (on its own motion) move the motion?

10. Interestingly, the same Tribunal sat on Tuesday, 22nd January, 2019 and adjourned to Monday, 28th January, 2019 to rule on the Preliminary Objection filed by Justice Onnoghen challenging the jurisdiction of the CCT to try him without recourse to the NJC contrary to the decision of the Court of Appeal in the case of NGANJIWA v FRN (2017) LPELR-43391(CA).

11. The law is firmly settled that once the jurisdiction of a court or judicial tribunal is challenged, the only jurisdiction the court has is to determine whether it has jurisdiction. The CCT having been seized of the frontal challenge to its jurisdiction, could not have granted an ex-parte order on the 23rd of January, 2019 without determining whether it has jurisdiction. In the recent case of ATTORNEY-GENERAL OF THE FEDERATION v. ATTORNEY-GENERAL OF LAGOS STATE (2017) LPELR-42769(SC), the Supreme Court restated this sacrosanct principle thus:
"There is no gainsaying that issue of jurisdiction is radical and a crucial point which when raised, is challenging the competence of the Court to hear and determine the case. Any proceedings conducted by a Court which does not have jurisdiction, no matter how well or brilliantly it was conducted is a nullity. See Dapianlong vs Dariye (2007) 8 NWLR (pt. 1036) 332. That is the more reason why when Court's jurisdiction is challenged, the Court must first of all assume jurisdiction to decide whether in very clear and unambiguous terms, it has or lacks jurisdiction. See State Dosunmu Mansion vs Halliburton Energy Services Ltd (2007) 2 NWLR [pt.108) 211; Nnonye v Anyichie (2005) 2 NWLR (pt. 910) 623. Per SANUSI, J.S.C. (p. 43-45, pp. D - A).

12. The CCT, without determining whether it has jurisdiction over Justice Onnoghen as required by law, proceeded to give a flagrantly illegal order purporting to suspend the CJN from office. That order, with the greatest respect, is reminiscent of the inglorious order given by Justice Bassey Ikpeme stopping further announcement of results of the June 12, 1993 presidential election which crystalized into the criminal nullification of the June 12, 1993 election by the Babangida junta."

13. I have read the long statement made by President Buhari while swearing-in Hon. Justice Ibrahim Tanko Mohammed as the Acting Chief Justice of Nigeria. Buhari struggled unsuccessfully to justify his unlawful action by relying on the order of the CCT. The Constitution does not say that the President shall suspend the CJN based on the order of a court or tribunal. It is a desecration of our Constitution for Buhari to suspend Justice Onnoghen.

14. Those arguing that the President merely suspended the CJN and has not removed him are either oblivious of the law or willfully mischievous. The CJN is not an appointee of the President and does not hold office at the pleasure of the President.

15. President Buhari cannot suspend the CJN. The CCT cannot give an order directing the President to remove or suspend the CJN. The CCT cannot ask the CJN to ‘’step aside’’. This conspiratorial attack on the institution of the Judiciary is a dangerous precedent. Can a judge give an order suspending the President from office without recourse to the National Assembly? If the answer is in the negative, why should the President suspend the CJN whose tenure is constitutionally protected without recourse to the NJC and the Senate as prescribed in the Constitution?

16. The CCT Chairman, Danladi Umar, is himself a subject of a pending criminal charge filed by Mr. Festus Keyamo at the Federal High Court on behalf of the EFCC. The CCT Chairman despite the pendency of the criminal charges against him, has not stepped aside and has not been suspended.

17. Mr. Okoi Obono-obla, the President’s aide on Public Prosecutions, has not been fired, arrested or prosecuted despite his indictment by the House of Representatives for certificate forgery as attested publicly by the West African Examination Council. Mr. Maina is yet to be prosecuted for allegedly stealing pension funds. There are myriads of odiferous corruption cases against people and officials who are close to this President. Yet, Buhari continues to shield alleged criminals who are his friends and party men. Mr. Buhari is accusing Justice Onnoghen of failure to declare his assets, however, it is on record that Buhari’s own asset declaration is still shrouded in secrecy, and has not been publicly disclosed as he vehemently promised in 2015. What could be more hypocritical than this?

18. One wonders whether a single Justice of the Supreme Court can determine the decision of the court. The Supreme Court sits in a panel of five or seven Justices. If a decision of the Supreme Court is fraudulent procured through bribery, it is only logical to infer that all or majority of the members of the panel were bribed. I am not holding brief for Justice Onnoghen. However, given the delay that greeted the appointment of Justice Onnoghen, one is tempted to ask whether his security clearance was compromised?

19. Prof. Itse Sagay has stated that the suspension of Justice Onnoghen is constitutional because the President is empowered to remove the CJN for breach of the Code of Conduct. The learned silk, with respect, is turning the law on its head. That line of argument is inconsistent with the right to presumption of innocence enshrined in Section 36(5) of the Constitution. Justice Onnoghen has not been convicted by any court or tribunal. It is therefore preposterous to say that the President can remove him for violating the Code of Conduct.

20. Let me end by submitting that the atrocious, unconscionable, unconstitutional and duplicitous suspension of the CJN by this vicious and totalitarian regime has eroded our democracy. We all have a duty to oppose and resist it, not for the sake of Justice Onnoghen, but for the sake of posterity and the verdict of history. We should not excuse or defend this crass impunity because of political expediency.

Corruption must be tackled, but not by corrupt means. We must send a message to President Buhari that Nigeria is greater than him.

https://politicsngr.com/illegality-suspension-cjn-20-points-note-inibehe-effiong/

What an illiterate you are? Onoghen was suspended, not removed. That's a lacuna is the law. The law does not talk about suspension. You must remember that the courts also make laws where they find a lacuna in the constitution. A former CBN governor was also suspended by Jonathan, it was argued that this was also not known to law. The difference here is that Jonathan did not rely on the law courts to make his pronouncement. He did it by himself, making himself the law giver. Yet nobody shouted and pulled down the roof. Buhari relied on the law court pronouncement, so he is better than Jonathan in that respect. The law court pronouncement has become the law as it is. That's why I call you an illiterate.

ollah2:
I stopped reading at the bolded. Buhari can't sack/remove the CJN but he can suspend him which is what he did. Why are you guys crying? If the CJN feels what was done is injustice, he should go to court or has he forgotten a courts exists the way he forgot the declare the bogus sum found in his account?

Do back up with the constitution please.
I'd be waiting.

Y'all should please drink enough water. The so called 'lifeless president jubril' has done one small sontin, and y'all are beginning to say he is more wicked than Abacha . please drink water � .

It is true Uncle Bubu did not follow the due process.
It is true Uncle CJN did not declare some of his assets.
It is also true y'all are shutting your eyes to what led to his suspension.
It is obvious that Nigerians are biased in their reasoning, your hatred for buhari shouldn't let your brain go on strike, please!

please drink water.

By the way, thought y'all said Buhari is Jubril, please when exactly did this your confusion start, so I can know the severity of your confusion, the type of drug to give you and I can adjust your dose appropriately.

Sick!

SalamRushdie:
[s] Buhari doesn't know in the Eye of the law the law all the heads of the 3 Arms namely the president who heads the executive , the House leader who heads the Legislative and the CJN who heads the Judiciary are all equal and none can suspend the other as the constitution clearly state how they can be removed unwillingly and that's by 2/3 of the House passing a vote [/s]

Buhari or Jubril from Sudan? Confused wailing zombies

There is no point explaining anything, because this bastard called Buhari, his criminal cabal, and his gang of zombie supporters are all defiantly stupid and mindlessly incorrigible. They are not persuaded by superior argument and they don't care about facts.

The only language they understand is violence. We must jettison long and meaningless statements and condemnations. The only solution is a total shutdown of institutions (including all courts), total anarchy in the system, including violent protests and civil disobedience. You can't reason with a mad man who's determined to kill you. You can only beat the madness out of him, even if it means killing him in the process.

[quote author= post=75123293]Ff....[/quote]You're booking space to say something that doesn't make sense for the sole purpose of supporting your Oga at the top

K

[b][/b]To those supporting president Buhari action on the removal of CJN if the table turn around [b][/b]they will cry foul

Its only social media,television and news paper we will be talking while this evil party are busy hurrying to consolidate their rigging plan. By the time they marshal out their rigging strategy it will be too late to do anything. The election court cannot do anything because they have been bought over.

Bubu cannot handpick INEC chair, police IG, collation head etc. What more is left to rig an election, yet nobody can challenge him all we do is rant on social media.
Well, I don't understand anymore.

KingOvo:
I'd like to reiterate the comment I made earlier on this issue.

Reading through Nairaland comments has to be one of the most mentally stressful things I do all day.
I'm here reading comments on how Buhari is right to sack the CJN and I'm shaking my head rigorously.
Agreeing without conceding that he is guilty (innocent until proven otherwise right), since when did the executive have the power to remove officials of the judiciary?
What happened to the concept of the Independence of the Judiciary? Since the case is in a court of competent jurisdiction, why didn't Buhari trust the process and wait for their pronouncement?
This a blatant disregard for the rule of Separation of Powers and there are people here saying they're in support of the removal.
Obasanjo was perhaps right, Buhari is another Abacha, and if they're people still in support of this nonsense, the future of this country is bleak.

all you said is spot on

Blame the irresponsible comments on yorubas. They support every evil by the lifeless one. Over 70% of comments on nairaland and social media in blatant and shameless nauseating support and defence of buhari and apc are from the southwest

I fear and weep for my country....... how long

[quote author= post=75123293]Those who have left the substance of the matter, which is non-declaration of assets, to embark on a wild goose chase must know that they are part of the problems of this country.
Those cheering the CJN have been busy trying to depict the issue as executive interference in another arm of government.
They are failing to realise an important fact that those who have the privilege of holding exalted offices in trust for the rest of Nigerians should lead by example.

It was speculative for some commentators to think that the CJN was being targeted so that he could be removed and replaced with someone who will work in the interest of the government in the February elections.
The most important question should be whether the CJN broke the law or not in failing to declare his assets.

One major and incontrovertible fact which has emerged from the controversy over the CJN’s alleged failure to declare his assets is his own reported admission that he made a mistake by forgetting to declare a number of his assets.
The number one judicial officer is also reported to have expressed ignorance about the time space within which he should have made the declaration.”

He said the self-indictment was enough for all Nigerians to speak in one voice and denounce the clear infraction on the laws of the land by the head of the nation’s judiciary.

We are not talking of a magistrate or a high court judge but a judge of the Supreme Court, who happens to be the number one judicial officer of the land; we must forget sentiments and look at facts.”

The posturing of some South-South governors in defence of the CJN should be treated as treason since they swore to protect and preserve the constitution.

There was a country![/quote]Keep on booking space to propagate absurdities. By the time ya Bubu must have finished with you, you won't see those your lice infested meat to grill. You will grill sand.

[quote author= post=75123320]Comments are flowing......
Bring it on Nigerians......[/quote]Don't mind them

They can only wail online!


Cowards


Soldiers are on the street waiting for them to start an illegal protest. They be online writing their personal life Biography


God bless Chief Justice Tanko Muhammed

SalamRushdie:
Buhari doesn't know in the Eye of the law the law all the heads of the 3 Arms namely the president who heads the executive , the House leader who heads the Legislative and the CJN who heads the Judiciary are all equal and none can suspend the other as the constitution clearly state how they can be removed unwillingly and that's by 2/3 of the House passing a vote

These are the words of the CJN himself when he gave absolute powers to the CCT when it comes to issues on false asset declaration at a ruling.

He never envisaged that one day he would fall victim to his own ruling.

Read and stop being a mental nuisance

If I may repeat, the Code of Conduct Tribunal has been established with the exclusive jurisdiction to deal with all violations contravening any of the provisions of the Code as per paragraph 15(1). This provision has expressly ousted the powers of ordinary regular courts in respect of such violations.

“The Tribunal to the exclusion of other courts is also empowered to impose any punishments as specified under sub-paragraphs (2) (a), (b) & (c) of paragraph 18 as provided in sub-paragraphs 3 and 4 of paragraph 18 while appeals shall lie as of right from such decisions to the Court of Appeal.

The real important question to ask at this stage is what is the consequences of the violation of the aforesaid paragraphs of the 5th Schedule to the 1999 Constitution?



“The answer to the above question is to be found in Paragraph 12 of the said Part 1 of the 5th Schedule which enacts as follows: -‘Any allegation that a public officer has committed a breach of provisions of this code shall be made to the Code of Conduct Bureau.’

“It is my considered view that the above provision is very clear and unambiguous. It provides a remedy in the event of any alleged breach of the provisions. The remedy lies with the Code of Conduct Bureau which has been clothed with the requisite jurisdiction to handle such matters.”

Buhari acted within the boundaries of the law

[quote author= post=75123347]Sorry elderly wailer![/quote]Can Buhari suspend/remove the Senate President? NO. Therefore, Buhari can not suspend or remove the CJN.

What Buhari could have done to be on the part of law was to bring up the criminal allegations against the CJN before the NJC and the NASS, and then lobby the NJC and the NASS to vote for CJN removal/suspension.

How I wish Buhari can develop this kind of balls towards the boko haram and killer herdsmen.