₦airaland Forum

Folks, late yesterday, the full text of the President's statement at the swearing in of Tanko Mohammed JSC was released. The first paragraph of his statement struck me. [Here's why]

The President didn't act on any of the following sections of the constitution: 153, 157 ( I think section 157 has been amended), 158, 292, parts 1 and 2 of the of 3rd schedule. I'll come to section 157 later- it is a dangerous section

The President said he was acting on the directive of the Order of the Code of Conduct Tribunal dated 23 January 2019. For us to understand the absurdity of the President's claim, we need to go back to 22 January 2019

On 22 January 2019 when the case against CJN Onnoghen was last heard at the CCT, two issues were raised before tribunal.

1) The Motion challenging the jurisdiction of the Tribunal;

2) Motion for the Suspension of CJN

On that day 22 January, Aliyu Umar told the Tribunal that his motion for suspension has been served and ready to be moved. The Tribunal told him that until the motion on jurisdiction is moved, he can't move his. CCT adjourned to 28 January for the CCT to hear the motion challenging its jurisdiction, then subsequently hear the motion for suspension. Two things we need to understand here about both motions:

1) Both motions are on notice, which means that the prosecution and defendants must be heard whenever they are moved. They're consistent with the Rule of Fair Hearing- hear the other party

2) They cannot be converted into exparte motions (motions in which only one party is heard) once the other parties have been served or have become aware of the existence

Now, this is where the basis in which the President suspended CJN Onnoghen becomes illegal and unlawful and his action ultra vires. Here 》》》

Once a court's jurisdiction is challenged by a party, the only jurisdiction the court has is to determine if indeed it has jurisdiction. No more.


When the CCT adjourned on 22 January to hear the motion challenging its jurisdiction on 28 January, it then had no jurisdiction to issue the late Justice Ikpeme-type exparte order the President acted on

Further, once the defendant had been served and had become aware of the motion for suspension, the exparte motion (hear one side) became an abuse of legal process and a violation of Section 36 (3) & (6) CFRN 1999

Further, too, the motion for suspension was not brought under any specific rule of the Tribunal or sections of the constitution. The reference to the "inherent jurisdiction of this tribunal" stated in the exparte motion is dubious

Section 6(6) (a) CFRN 1999 vests inherent jurisdiction on courts created under Section 6(5) and the CCT being not a creation of Section 6 (5) cannot claim "inherent jurisdiction under the constitution "

The exparte order doesn't state who moved the motion in which the order was granted. Lawyers know that it is the practice that motions must be moved before the court makes an Order. Who moved the motion?

The order the President acted ultra vires is clearly the typical JANKARA order of yesteryears. You see in years past when landlords want to quit tenants, they go behind their backs, hire people to appear in court as their tenants.


The fake tenants admit to all wrongs and the court issues the landlords orders to vacate the real tenants who aren't aware of the law suits against them. They're evicted on the basis of the Jankara orders


You see the President procured a Jankara order to suspend CJN Onnoghen. Worse still, it was done after the CCT had adjourned by a week. Perhaps it was obtained in the night, Justice Ikpeme-style

Finally, I'm not sure if section 157 has been amended. I will look it up. It is a dangerous section as the President has the power to remove the Chairman NJC. Albeit by an address supported by 2/3 of Senate. Who's NJC Chairman? CJN.

So, why was the government in haste to deal with CJN Onnoghen when that WAEC certificate forger, Obono Obla, still sticks out like a leprous growth in the thumb of this government?

Credit Twitter/@AbdulMahmud01

Now observe the CCT motion exparte tendered by enthusiastic supporters of this illegality committed by the Federal Government (picture 1 & 2) and the date when the charges were made against the CJN (in picture 3).


That's right, the motion was moved on the 9th of January, 2019 for a charge that was made on the 10th of January, 2019 (loopholes?)


Furthermore, CCT Motion ex-parte supported by an affidavit but with no counsel or mover. CCT acted administratively on CJN suspension. This is unheard of.


Worse is the fact that CJN was to sit at the electoral tribunal in 26th of January, 2019 (today) but his suspension was made yesterday (25th of January, 2019) by the Federal Government without recommendation from the NJC and 2/3 of the Senate on the orders of a CCT (which had no jurisdiction and power to try or suspend the CJN).


Don't these raise your eyebrows?

Are you a lawyer ??


if not stfu

someone already said the president on advise of some people got a kangaroo judgement

HtwoOw:
Are you a lawyer ??


if not stfu

Lol SMH.

Truly, you guys are what people say you are.

Please don't talk nonsense, pleaseeee

Go to court and stop constituting nuisance here.

PDP should try another another one, this part of the Dubai strategy already dismantled..... Anyone not in support is free to do @ Miss Ngene advised & stop disturbing public peace....

Social media is not court...

And you are what other people say you are

Reiyvinn:
Lol SMH.

Truly, you guys are what people say you are.

By Monday all these noise Will be over. To foolish upon idiots and imbecilessss their non binding opinions are worth the bandwidth they written with.

NgeneUkwenu:
Go to court and stop constituting nuisance here.

I know you are allergic to fact and prefer to have your brains inserted and rinsed in Buhari's faeces, but the only one who has succeeded in being a known nuisance and a cretinous simpleton has been whoever that controls that moniker.

But if you can't counter statements vividly written for people with brains in their heads, it is advisable you erase yourself from this post and find somewhere else to regurgitate your spoonfed nonsense.

Thank you , @ OP for the clear legal elucidation above.

I was also wondering where the President got his "ex parte" order from cos I know the CCT itself adjourned sitting to next week without granting any side order? So where and how was this order granted? Was it written outside the sitting hours of the court, and without the lawyers of both parties been aware of it? This is even a gravious matter on it own.

No wonder not a single lawyer, even those close to this Govt( except for Sagah to some extent) has supported this.

This is apart from the fact that CCT doesn't even have such powers to remove a serving justice.

This is becoming even deeper and troubling than I thought.

talking about people and brain , apparently this is a copy and paste job , should we conclude you dont have brains ?

Reiyvinn:
I know you are allergic to fact and prefer to have your brains inserted and rinsed in Buhari's faeces, but the only one who has succeeded in being a known nuisance and a cretinous simpleton has been whoever that controls that moniker.

But if you can't counter statements vividly written for people with brains in their heads, it is advisable you erase yourself from this post and find somewhere else to regurgitate your spoonfed nonsense.

modath:
PDP should try another another one, this part of the Dubai strategy already dismantled..... Anyone not in support is free to do @ Miss Ngene advised & stop disturbing public peace....

Social media is not court...

Why do you people think everyone that speaks against the ills and impunities committed by this government is from PDP or any party at all?

Are your minds so tuned to believing that the government should never be criticized whenever it does something wrong?

Wow.

HtwoOw:
talking about people and brain , apparently this is a copy and paste job , should we conclude you dont have brains ?

Bot,

I know you have no intellectual property of your own and thus the usual autopiloted responses from the dark void in your cerebral cortex.

But please, don't make me laugh further by believing everyone else possesses your level of ineptitude. It's hilarious.

nameo:
Thank you , @ OP for the clear legal elucidation above.

I was also wondering where the President got his "ex parte" order from cos I know the CCT itself adjourned sitting to next week without granting any side order? So where and how was this order granted? Was it written outside the sitting hours of the court, and without the lawyers of both parties been aware of it? This is even a gravious matter on it own.

No wonder not a single lawyer, even those close to this Govt( except for Sagah to some extent) has supported this.

This is apart from the fact that CCT doesn't even have such powers to remove a serving justice.

This is becoming even deeper and troubling than I thought.

It is illegal and obviously politically motivated. A sitting CJN cannot be suspended or unsitted except by the recommendation of the NJC and 2/3 of the Senate.

Lalasticlala mynd44 seun

Stalwert:
By Monday all these noise Will be over. To foolish upon idiots and imbecilessss their non binding opinions are worth the bandwidth they written with.

O-K

Reiyvinn:
Lalasticlala mynd44 seun

This should be on frontpage plzz.

This is very important.

How was the said ex parte order of CCT even procured??

HtwoOw:
talking about people and brain , apparently this is a copy and paste job , should we conclude you dont have brains ?

I guess u have nothing to say

To think that some educated fools are supporting this madness, shows that some people are just incorrigble.

for me, the suspension of onnogen is a cause for concern, but more worryingly is the speed at which the FG moved to get him out.


one now wonders where this speed was when petitions were submitted against people like Amaechi, fayemi, oshio, fashola, babachir ...

ivandragon:
for me, the suspension of onnogen is a cause for concern, but more worryingly is the speed at which the FG moved to get him out.


one now wonders where this speed was when petitions were submitted against people like Amaechi, fayemi, oshio, fashola, babachir ...

Am focused about the legality of it; the brazenness of it; and the implication of it esp as a precedence if this is allowed to hold.

nameo:
Thank you , @ OP for the clear legal elucidation above.

I was also wondering where the President got his "ex parte" order from cos I know the CCT itself adjourned sitting to next week without granting any side order? So where and how was this order granted? Was it written outside the sitting hours of the court, and without the lawyers of both parties been aware of it? This is even a gravious matter on it own.

No wonder not a single lawyer, even those close to this Govt( except for Sagah to some extent) has supported this.

This is apart from the fact that CCT doesn't even have such powers to remove a serving justice.

This is becoming even deeper and troubling than I thought.

Deeper and troubling is the word. You can also add overzealousness

nameo:
Am focused about the legality of it; the brazenness of it; and the implication of it esp as a precedence if this is allowed to hold.

well, true.

the implications are far reaching.

I think the CCB should have sent a petition to the NJC & NAss first & requested for the suspension of Onnogen along with water tight evidence.


that way, the NJC & NAss would have been in the spotlight while the Presidency would have also brought pressure by also petitioning the NJC.

ivandragon:
well, true.

the implications are far reaching.

I think the CCB should have sent a petition to the NJC & NAss first & requested for the suspension of Onnogen along with water tight evidence.


that way, the NJC & NAss would have been in the spotlight while the Presidency would have also brought pressure by also petitioning the NJC.

Absolutely.......

Buhari is not prepared to give us free and fair election and that is the reason he is raping our democracy without condom.

Reiyvinn:
I know you are allergic to fact and prefer to have your brains inserted and rinsed in Buhari's faeces, .... it is advisable you erase yourself from this post and find somewhere else to regurgitate your spoonfed nonsense.

Izzit one person dah get all of these??