₦airaland Forum

The Senate made an about-face on Tuesday February 5, citing trust "in the ability of the National Judicial Council (NJC) to resolve the issues". However, SaharaReporters understands that this position was mere public posturing.

Bukola Saraki, Senate President, withdrew the Senate’s suit at the Supreme Court challenging the suspension of Walter Onnoghen as the Chief Justice of Nigeria (CJN) because it was clear he was going nowhere with the move, SaharaReporters understands.

On January 28, three days after President Muhammadu Buhari suspended Onnoghen as CJN, the Senate cancelled its sitting for the day and instead filed a suit through Saraki before the Supreme Court praying for, among others, an order reinstating Onnoghen as CJN.

In the suit, marked SC.76/2019, the Senate asked the apex court to declare the suspension of Onnoghen without support of two-thirds majority of the Senate as a violation of section 292(1)(a)(i) of the Constitution.

It also asked the apex court to issue an order restraining the two defendants in the suit – the President and the Attorney-General of the Federation Abubakar Malami – from continuing or repeating the violation of the Constitution and disregarding the power of the Senate in respect to the suspension of the CJN.

The Senate made an about-face on Tuesday February 5, citing trust "in the ability of the National Judicial Council (NJC) to resolve the issues". However, SaharaReporters understands that this position was mere public posturing.

The NJC formally took up the Onnoghen case on January 29 at a meeting from which both the suspended CJN and his successor Tanko Muhammad recused themselves. At the end of the meeting, the NJC gave both Muhammad and Onnoghen seven days to respond to the various allegations against them — meaning that if the Senate truly trusted the NJC in full, that was the day to withdraw the suit instead of Tuesday.

But Saraki did not have the backing of the National Assembly to go to court. To file the suit, he would have needed a resolution of the Senate, which he didn’t get. And it became clear this loophole would be exploited when the Senate caucus of the All Progressives Congress (APC), comprising 56 senators, applied to the Supreme Court to join in the Senate’s suit.

“As you can see, we already protested and we were asked to be joined in the suit,” an APC senator who didn’t want to be named told SaharaReporters. “The Senate never made a resolution to file that suit; and even if there was an attempt at such resolution, it would have died a natural death as we, who have the majority, are firmly with the president on this.”

Also, public sentiment was beginning to count against Saraki after members of the public were reminded of how he sacked the Chief Judge of Kwara State, Justice Raliat Elelu-Habeeb, in 2009 during his tenure as Governor of the state.

However, the Supreme Court eventually reinstated Elelu-Habeeb, with Justice Mahmud Mohammed, who delivered the judgement of a seven-member panel of justices, holding that when all the relevant provisions of the constitution were read together, it would become obvious that a state Governor could not remove a Chief Judge from office without having recourse to the NJC.

“It is not difficult to see that for the effective exercise of the powers of removal of a chief judge of a state by the Governor and House of Assembly, the first port of call by the governor shall be the NJC,” Mahmud had stated back then.

“From these very clear provisions of the constitution which are very far from being ambiguous, the governors of the states and the houses of assembly of the states cannot exercise disciplinary control touching the removal of chief judges of states or other judicial officers in the states.”

Incidentally, Onnoghen was one of the six other justices, the rest being Christopher Chukwumah-Eneh, Muhammad Muntaka-Coomassie, Olufunmilola Adekeye, Mary Peter-Odili and Olukayode Ariwoola.

Interestingly, Saraki lost the case against Elelu-Habeeb at all levels. When he sacked her, she instituted a case against him at the Federal High Court, where she won. But Saraki appealed to the Court of Appeal in Ilorin. In July 2010, the Court of Appeal ruled in favour of Elelu-Habeeb, and Saraki again appealed at the Supreme Court. On February 2012, the Supreme Court, as expected, reinstated Elelu-Habeed.

Finally, Paul Erokoro (SAN), counsel to the Senate, has been one of the numerous SANs leading the lawyers’ revolt against Onnoghen’s trial at the Code of Conduct Tribunal (CCT). On the opening day of the matter at the CCT — way before the Senate dreamed of filing a suit against the Nigerian Government at the Supreme Court — Erokoro was one of at least 47 SANs who trooped to the tribunal in defence of Onnoghen.

Meanwhile, the decision of the NJC on Onnoghen and Muhammad is being expected soon, as the seven-working-day deadline for their responses to the allegations against them will elapse on Thursday.

http://saharareporters.com/2019/02/06/exclusive-real-reasons-saraki-couldn%E2%80%99t-proceed-onnoghen-case-supreme-court

www.nairaland.com/attachments/8693025_walteronnoghen4_jpegc62d2dceb61c4da6cb35c81bdf913d60

It is not difficult to see that for the effective exercise of the powers of removal of a chief judge of a state by the Governor and House of Assembly, the first port of call by the governor shall be the NJC,” Mahmud had stated back then.

Every sane human being agreed with this apart from PDP , their paid hacks & embittered sympathizers...
The constitution must have been drafted by drunks cos it's sickening to think a chief justice could commit murder & he's empowered to investigate his own case.

Hopefully an ammendment will be be sought as soon as the 9th Senate is convened.




P.S.....Pa Chukwudi44 and his obsession with all things criminal & asinine will find a way to spin this, e sure me die.

Pachukwudi you don hear

Saraki did not have the backing of the National Assembly to go to court

Running the National Assembly as if its a state called Kwara...

Saraki knew from the onset he was simply flexing nonexistent muscles to keep himself under the Nigerian political spotlight. Sensing Buhari wasn't gonna give an inch, calling their bluff with every move, he decided to, under the cover/pretence of intervention by the NJC, back off.

Be that as it may, na Ohamadike news me I want to read jor.

When will Reno and FFK react?

Corrinthians:
Saraki knew from the onset he was simply flexing nonexistent muscles to keep himself under the Nigerian political spotlight. Sensing Buhari wasn't gonna give an inch, calling their bluff with every move, he decided to, under the cover/pretence of intervention by the NJC, back off.

Be that as it may, na Ohamadike news me u want to read jor.

When will Reno and FFK react?

When Atiku removes his trousers

ok

Saraki is the Biggest joke of the year. Using illegality to fight illegality what an Hypocrite!!!

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Pachukwudi44 is the only person in Nigeria that believed the silly excuse given by Saraki to withdraw the case. We all knew Saraki chickened out when realized he was fighting a lost battle. It is the height of tyranny and dictatorship for Saraki to sue the executive arm of government without the resolution of the senate. Saraki is not the Nigerian senate. The same person that cannot follow simple senate procedures would turn around and accuse the president of dictatorship.

Please anybody with Atiku campaign picture in borno should share here

Few more days and the suffering would be over

If you missed Pastor Chris Oyakhilome's advice to all Christ Embassy Worldwide Members on who to vote as Nigeria's President on 16th February, 2019, please read the summary below and i quote:

Pastor Chris shading Pastor Prof. Osinbajo and Muhammadu Buhari while openly endorsing the candidacy of Atiku Abubakar.....

He said and I quote:

"DON'T USE THE CANDIDACY OF A BORN AGAIN TO MAKE A DECISION. Not at all!" Pastor Chris indirectly castigating Osinbajo!!

"But when you have a born again, he was the one that started a regulation against the church. They went into office to do something against the Church, like the church was the problem" - again Pastor Chris gives Pastor Prof. Osinbajo an upper cut blow here

...and the man of God continued speaking, and thus said and I quoteth below:

"...ANYBODY WHO HAS NEVER RUN A BUSINESS SUCCESSFULLY, WHO HAS NEVER LEAD PEOPLE SUCCESSFULLY cannot lead a nation successfully" - Pastor Chris attacks Buhari who has failed in running his cattle business as his cows remained 150 in number since 1983 even after he has looted Nigerian crude oil money as Head of State and as Petroleum Minister under thief Sani Abacha

...and the outspoken man of God concluded his words by attacking Zone B Nigerian youths judging Atiku baselessly based on the lies told against Atiku by APC crooks, and he said as I quoteth below:

"All the candidates have records...don't use records of what other people said about them. Use records of what the country was like..."


Nigerians the choice is yours....God have warned us enough using:

1.) Aisha, The Wife of President Muhammadu Buhari
2.) Bishop David Oyedepo of Winners Chapel Worldwide
3.) US President Donald Trump
4.) Transparency International
5.) CNN Journalists
6.) International Economy experts from both world bank and other top international financial institutions
7.) Buhari's public embarrassments during the candidate TV programme and other APC Presidential rallies where Buhari showed clear signs of dementia....

Ote ge....enough is enough Nigerians, wake up!!!!

Corrinthians:
Saraki knew from the onset he was simply flexing nonexistent muscles to keep himself under the Nigerian political spotlight. Sensing Buhari wasn't gonna give an inch, calling their bluff with every move, he decided to, under the cover/pretence of intervention by the NJC, back off.

Be that as it may, na Ohamadike news me u want to read jor.

When will Reno and FFK react?

Saraki politcal career ends this year...
No more saraki in ilorin
No more saraki In kwara
No more saraki in 9th national assembly

All I know is that Nigerians have rejected NEXT DEVIL of Buhari

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I dey wait his defeat for kwara.

Ok

So in conclusion, because the Senate are table partners with Oga Presido, the constitution and democracy be damned.

I love Nigeria, forget. We sabi how to mumu professionally.

That's politics for you. He knows how it work

Ok

Crap.
Anybody could have gone to court. Any xyz group in the senate or in my village could have gone to court. There was absolutely no need for senate resolution to go to court.

midolian:
Running the National Assembly as if its a state called Kwara...

If your nor sabi anything make you keep quite..

Are you part of the cow association that said he should obey anything the president says

Making judgement freely with the opinion of others does not make you matured at all

midolian:
When Atiku removes his trousers

e don do jor