@POLITICSNGR

Legal Luminary, Femi Falana has finally reacted to the suspension of the CHief Justice of Nigeria, Walter Onnoghen by President Muhammadu Buhari.

In a statement sent to PoliticsNGR, Falana stated stated that the Illegality of the suspension should not be allowed to stand. Read the full Statement below;

"I have had cause to call on the Attorney-General of the Federation, Mr. Abubakar Malami SAN to withdraw the charge of false declaration of assets filed against the Chief Justice of Nigeria, Justice Walter Onnoghen at the Code of Conduct Tribunal. The call was without prejudice to the merit of the serious allegations levelled against the Chief Justice. In line with decided judicial authorities I had wanted the National Judicial Council to investigate the allegations. Unfortunately, the 88th statutory meeting of the NJC scheduled to hold on January 15, 2019 which could have deliberated on the matter and take an informed position was postponed indefinitely on the directive of the embattled Chief Justice."

"As the battle shifted to the courts, both the Judiciary and the Executive were forum shopping for court orders from the Federal High Court, the National Industrial Court, the Code of Conduct Tribunal and the Court of Appeal. In the process, settled principles of law were sacrificed for the exigency of the moment."

"Thus, at the 15th annual Gani Fawehinmi lecture which held in Lagos on January 15 2019, I was compelled to warn against the dangerous trend. Regrettably, the warning fell on deaf ears. Curiously, in an act of brazen impunity, the Executive procured an ex parte order from the Code of Conduct Tribunal for the immediate suspension of the Chief Justice from office. In his purported compliance with the ex parte order, President Mohammadu Buhari has announced the suspension of Justice Onnoghen as the Chief Justice and appointed Justice Tanko Mohammad as the Acting Chief Justice."

"It is unfortunate that the Bar and the Bench have played into the hands of the sponsors of incipient fascism in the country. For reasons best known to them, the stakeholders in the legal profession stood by and allowed the Office of the Chief Justice to be completely desecrated. It is intringing that the 12 lawyers including three Senior Advocates of Nigeria in the federal cabinet did not deem it fit to disuade President Buhari from carrying out the illegal suspension of the Chief Justice on the basis of an ex parte order issued by the Code of Conduct Tribunal. In particular, they ought to have reminded the President of the compulsory retirement of Justice Stanley Nnaji and Justice Wilson Egbo-Egbo for issuing illegal ex parte orders for the removal of Dr. Chris Ngige as Governor of Anambra State. It is sad to recall that it was the federal government superintended by former President Olusegun Obasanjo that instigated the illegal removal of the governor at the material time."

"However, notwithstanding the inauguration of Justice Tanko Mohammad as the Acting Chief Justice the legal profession should not hesitate to review the entire Onnoghen saga in the interest of the nation's judiciary. In Elelu-Habeeb v AGF (2012) 40 WRN 1, the Supreme Court held that by virtue of section 292 of the Constitution the heads of the judicial arms of the state and federal governments in the country cannot be removed without a prior investigation conducted by the NJC. Consequently, the apex court set aside the purported removal of the appellant as the Chief judge of Kwara State upon an address forwarded to the house of assembly by former Governor Bukola Saraki. Therefore, the National Judicial Council should convene and constitute a committee to investigate the allegations leveled against the Chief Justice and make appropriate recommendation to the relevant authorities."

"Meanwhile, the legal team of the Chief Justice should proceed to challenge his suspension from office either at the Code of Conduct Tribunal or the Court of Appeal."

Despite the gravity of the allegations levelled against the Chief Justice the illegality of the suspension should not be allowed to stand. The ex parte order is a suspect document as the motion ex parte on which it was predicated was allegedly filed on January 9, 2019 while the substantive charge against the Chief Justice was filed at the registry of the Code of Conduct Tribunal on January 11, 2019. Furthermore, the counsel who argued the motion is not indicated in the ex parte order. However, in view of President Buhari's belated fidelity in the rule of law the federal government should comply with all valid and subsisting orders of competent municipal and regional courts made against the federal government. President Buhari should not be permitted to choose and pick orders of courts to obey."

https://politicsngr.com/breaking-illegality-not-stand-femi-falana-reacts-cjn-suspension/

Unfortunately, the 88th statutory meeting of the NJC scheduled to hold on January 15, 2019 which could have deliberated on the matter and take an informed position was postponed indefinitely on the directive of the embattled Chief Justice."

He wanted to act like a typical Politician by Postponing indefinitely the sitting of NJC who are supposed to investigate him.

[

b]"Meanwhile, the legal team of the Chief Justice should proceed to challenge his suspension from office either at the Code of Conduct Tribunal or the Court of Appeal."[/b]

Good advice, let them go and challenge it in court instead of heating up the internet.

Meanwhile the body of this article is entirely different from the headline.

Useless Bloggers

Like I said in previous threads, no lawyer (whether in Buhari Govt or close to it) has nor would ever support the clear assault to constitutionality and the judiciary as Buhari has clearly done.

Go through all the reactions so far by lawyers and you find no lawyer supporting this(except the musings of Sagay who was very half hearted in his response). No lawyer in this Govt not even the VP or Keyamo will do so. They know they implication .

We are not interested in this cos of partisan politics but what it portake for the judiciary and democracy.

Let Buhari follow the due process: send a petition to the NJC and the NJC should investigate and deliberate whilst the CJN recluse himself. The finding from such investigation should then be forwarded to the Senate for a decision to be made. Only then can the President remove him from office.

Any other path is an illegality which is null as it is utterly void.

".....Curiously, in an act of brazen impunity, the Executive procured an ex parte order from the Code of Conduct Tribunal for the immediate suspension of the Chief Justice from office. In his purported compliance with the ex parte order, President Mohammadu Buhari has announced the suspension of Justice Onnoghen as the Chief Justice and appointed Justice Tanko Mohammad as the Acting Chief Justice."

"It is unfortunate that the Bar and the Bench have played into the hands of the sponsors of incipient fascism in the country. For reasons best known to them, the stakeholders in the legal profession stood by and allowed the Office of the Chief Justice to be completely desecrated.

It is intringing that the 12 lawyers including three Senior Advocates of Nigeria in the federal cabinet did not deem it fit to disuade President Buhari from carrying out the illegal suspension of the Chief Justice on the basis of an ex parte order issued by the Code of Conduct Tribunal..."

"....However, in view of President Buhari's belated fidelity in the rule of law the federal government should comply with all valid and subsisting orders of competent municipal and regional courts made against the federal government. President Buhari should not be permitted to choose and pick orders of courts to obey."

Thought Falana helped enthroned this catastrophic government? You, Soyinka, others must enjoy it.Karma is serving it raw-red, red hot.Zombies your destruction draweth nearer.

.


NO President, absolutely NO President can suspend a CHIEF JUSTICE of THE FEDERATION

It is anathema and abhorrent to the doctrine of separation of powers upon which the Constitution of the Federal Republic of Nigeria is based.

ONLY a REMOVAL or a VACANCY (via a removal, retirement, or death) is recognised by THE Constitution.

The President requires two-thirds of the National Assembly to remove a CJN.

The provision for an acting CJN such as Buhari has done is ONLY in the event of a VACANCY

QUESTION:

Did the CJN retire?
Did the CJN die?
Was the CJN removed?

No? Then NO VACANCY

This is gross misconduct

THIS WILL NOT STAND


.

zombies will not destroy this country



who is going to recognise the imposter as cjn except buhari and zombies


even the Njc has thrown its weight behind onoghen.

[s]

orion7:
zombies will not destroy this country



who is going to recognise the imposter as cjn except buhari and zombies


even the Njc has thrown its weight behind onoghen.

nameo:
Like I said in previous threads, no lawyer whether Buhari Govt or close to it, has nor would ever support the clear assault to constitutionality and the judiciary as Buhari has clearly done.

Go through all the reactions so far by lawyer and you find no lawyer supporting this(except the musings of Sagay who was very half hearted in his response). No lawyer in this Govt not even the VP or Keyamo will do so. They know they implication .

We are not interested in this cos of partisan politics but what it portake for the judiciary and democracy.

Let Buhari follow the due process: send a petition to the NJC and the NJC shouldinvestigate and deliberate whilst the CJN recluse himself. The finding from such investigation should then be forwarded to the Senate for a decision to be made. Only then can the President remove him from office.

Any other path is an illegality which is null as it is utterly false.

[/s]

Ipob yoots! Go and remove him now

no right thinking person will support buhari on these





there is simply no law. buhari should just sack everyone make nigeria scatter finish na

Racoon:
Thought Falana helped enthroned this catastrophic government? You, Soyinka, others must enjoy it.Karma is serving it raw-red, red hot.

now i know what GEJ saw

Clerverly:
[s][/s]

Ipob yoots! Go and remove him now

zombie rants we know una


oya come and go

[s]

Clerverly:
Ipob yoots! Go and remove him now

[/s]

However,the Buharimaniacs are well maniacs They are maniacal,....attack dogs,......bull-terriers.They can no longer even engage in rational logical discussion about the president or his policies.

Buharimaniacs are of the conviction that Nigeria is now legitimately the property of the president. The rest of us are here simply by his grace and generosity. https://www.nairaland.com/4742297/buharimaniacs-buharideens-femi-aribisala#71333939

Clerverly:


He wanted to act like a typical Politician by Postponing indefinitely the sitting of NJC who are supposed to investigate him.

[

Good advice, let them go and challenge it in court instead of heating up the internet.

Meanwhile the body of this article is entirely different from the headline.

Useless Bloggers

The body and the title says same thing: the illegality by an increasing insane President cannot stand.

Okay

Hmm
This buharic unilateral action is bringing Herod and Pilate together

"Shouldn't"?

I want to read words like "cannot" or "will not".


"However, in view of President Buhari's belated fidelity in the rule of law the federal government should comply with all valid and subsisting orders of competent municipal and regional courts made against the federal government. President Buhari should not be permitted to choose and pick orders of courts to obey."

Buhari chose to ignore all the judgements of Federal high courts and ECOWAS court on Dasuki and Elzakzaky, but rushed to implement that of the CCT just because he thinks it will advance his political fortune.

Sharia court judge.

Let the islamisation of Nigeria begin.
Democracy will soon become a history in Naija.

E sinwin sir

In line with decided judicial authorities I had wanted the National Judicial Council to investigate the allegations. Unfortunately, the 88th statutory meeting of the NJC scheduled to hold on January 15, 2019 which could have deliberated on the matter and take an informed position was postponed indefinitely on the directive of the embattled Chief Justice."

Onnoghen want to play smart,but is not smart as Buhari

Mmmm
What a lengthy statement.
l didn't even read oh.
But enough of talks oooo.
Take steps to take action ooooo.
Ah.

If it were Good luck, u guys wud av gone protesting n asking and even insulting him openly. Now u are just talking

I have noticed that Nigerian lawyers are very ignorant on the unassailable power of the constitution so you hear them make very ignorant statements like " this should not be allowed to stand " "This must be reversed " but in reality and in the presence of the sacred constitution "NOTHING HAPPENED" !!!!! as Buhari neither has the power to niether select the CJN no replace him nor sack him or suspend him so in reality there is nothing to reverse here as Buharis action is totally ultra vires and as such the Status quo is the reality , a reality where Justice Onnoghen remains CJN till something constitional happens .

The questions doubting zombies should ask themselves are:

1 : Can the Senate President suspend the President?

2 : Can the CJN suspend the President?

3: Can the President suspend the Senate President?

4 : Can the CEO of MTN suspend the CEO of Airtel?

5: Can you suspend who you didnt employ and who doesn't work for you?

If your answer to any of the above is No then you should know Buhari is wrong.

What options does Buhari have now?

As it stands Buhari has just 3 options and they are :

1 : Respect the constitutional status quo

2: Beg Onnoghen to resign and then lobby the NJC to nominate Tanko .

3 . Lobby the NJC to recommend Onnoghen for removal and submit to the National assembly to vote on.

anything outside this is a stranger to our constitution and there null and void!!!

When the time of death of a dog is at hand, it doesn't hear the call of its owner anymore.
One man is using the apparatus around him to wield power in a manner not permitted by democracy and some fools are actually celebrating it.
It is these kind of people that promote jungle justice in the land.

What can I say? It was a fellow judge that was sworn in as his replacement so what's not to say even the Judiciary are not on the same page

Femi falana u are ipob
U are not omoluabi
U are a sellout
....according to apcheat and bubu zombies
Cc immhotep sarrki deomelo strikethem velocity25 Afonjaconehead

Lol
Not only is it standing. It is currently dancing shaku shaku while enjoying some barbecue as we speak.

When GEJ suspended Sanusi, we asked, what about 2/3rd required from the Senate to remove him? they said, suspension is not the same thing as sack. Emefiele was appointed and confirmed almost immediately by the Senate while SLS investigation was ongoing. No uproar from PDP, Senate or social media noise makers.
GEJ suspended President of Court of appeal, Ayo Salami, against NJC recommendations and several court orders. No uproar or protests. When you ask them about GEJ today, they call him a hero of democracy for conceding defeat in an election he lost woefully after several rigging attempts.
PMB today is a tyrant for obeying a CCT court order. Well, the CJN is suspended not sacked. Nigerians actually deserve the leaders and citizens around them. A civil servant who happened to be an arbiter of the law, has an undeclared $3m in his bank accounts, several houses, claiming he forgot to mention almost N1billion in his assets declaration form and you expect us to look the other way because of the political optics? Something is doing you. You are Nigeria's problem, yes You! . You deserve your leaders and fellow citizens. Couldn't be happier that I got out early.
In saner climes, the CJN would have resigned 3 weeks ago. In an insane country like Nigeria, people who don't have N20k in their accounts are sweating on Facebook, wasting their data to defend him. You all deserve each other.
Copied

Clerverly:


He wanted to act like a typical Politician by Postponing indefinitely the sitting of NJC who are supposed to investigate him.

[

Good advice, let them go and challenge it in court instead of heating up the internet.

Meanwhile the body of this article is entirely different from the headline.

Useless Bloggers

NJC can intervene for itself, let Executive allow NJC do their job

auwal83:
When GEJ suspended Sanusi, we asked, what about 2/3rd required from the Senate to remove him? they said, suspension is not the same thing as sack. Emefiele was appointed and confirmed almost immediately by the Senate while SLS investigation was ongoing. No uproar from PDP, Senate or social media noise makers.
GEJ suspended President of Court of appeal, Ayo Salami, against NJC recommendations and several court orders. No uproar or protests. When you ask them about GEJ today, they call him a hero of democracy for conceding defeat in an election he lost woefully after several rigging attempts.
PMB today is a tyrant for obeying a CCT court order. Well, the CJN is suspended not sacked. Nigerians actually deserve the leaders and citizens around them. A civil servant who happened to be an arbiter of the law, has an undeclared $3m in his bank accounts, several houses, claiming he forgot to mention almost N1billion in his assets declaration form and you expect us to look the other way because of the political optics? Something is doing you. You are Nigeria's problem, yes You! . You deserve your leaders and fellow citizens. Couldn't be happier that I got out early.
In saner climes, the CJN would have resigned 3 weeks ago. In an insane country like Nigeria, people who don't have N20k in their accounts are sweating on Facebook, wasting their data to defend him. You all deserve each other.
Copied

Salami was suspended on recommendation of NJC stop twisting facts

https://www.vanguardngr.com/2011/08/breaking-news-justice-salami-suspended/

Vrengkat, you know the law more than Femi Falana, right?

THE END OF TYRANT BUHARI IS NEAR

By the way, Falana just raised the issue about how and when that ex-parte order was given cos the CCT on their last sitting on Jan 22 did not give such an order.

So how was it obtained? Was it outside the sitting hours of the court? Were the lawyers of both parties aware of such a judgement cos it was obviously not done in open court? How come only 2 justices instead of 3 signed it?

Are we back to those days of obtaining ex parte judgements at the wee hours of the night as Falana asked here? Why the astounding haste on the part of the Govt?

And this supposed order was what Buhari relied upon to remove a sitting CJN and you ask us to be silent!!!! This is even as stated by Falana here, the CCT has no powers to remove a judge talkless of a sitti g CJN.