₦airaland Forum

In the judgement of justice Onnoghen in 2012, the CCT has exclusive jurisdiction to try code of conduct violations, and the CCT also has powers to mete out punishments to violators.

Any allegation that a public officer has committed a breach of or has not complied with the provisions of this code shall be made to the code of conduct Bureau”. The foregoing provisions are clearly unambiguous and so construed literarily mean that any breaches of any provisions of the said 5th schedule or matters of noncompliance with any provisions of the Code shall, (meaning that it is mandatory i.e. must) be made to the code of Conduct Bureau that has established its Tribunal with the exclusive jurisdiction to deal with any violations of any provisions under the Code, if I may emphasise any violations shall be made to Code of Conduct Bureau. The provisions have made it mandatory to take any matters so covered by the 5th schedule (supra) to the code of conduct Bureau and not to any ordinary regular courts as has been done in this instance. If I may repeat the code of Conduct Tribunal has been established with the exclusive jurisdiction to deal with ail 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.
- https://ilaw.com.ng/barrister-ismaeel-ahmed-v-alhaji-nasiru-ahmed-ors/

Joevics:
Much has been said about Onnoghen & Salami, but what hasn't been said is the factual truth about Salami's 2011 suspension, then removal. You hear: "PMB suspended Onnoghen, so what? GEJ also removed Salami". Let's separate wheat from chaff. Let's go >>> Issa thread》》》
Trouble started for the then straight shooting President of the Court of Appeal Justice Salami late first quarter of 2011. There was a background read to background at the time: politics. I'll return to it las las

Justice Salami was promoted to the Supreme Court, which he publicly refused. Many Nigerians wondered why a judge would refuse promotion to the Supreme Court- dream of all judges

He refused and subsequently alleged that he was being punished by CJN Katsina-Alu because he refused his request to pervert justice in a case involving two heavy weights in Sokoto- Matagakarda and Bafarawa

There was bedlam. The second highest serving judicial officer accusing the top gun of corruption. Nigeria became divided: pro-Salami v Pro- Katsina-Alu; PDP v AC(later ACN)

The bench was dragging itself on the political mud. NJC stepped in and appointed a panel to investigate the allegation of perversion of justice made by Justice Salami and sundry allegations of corruption made against Justice Salami

There were allegations of justice tampering in the governorship elections petitions of Ekiti and Osun states. Salami adversaries swore he took bribes to award both states to the opposition AC/ACN

The NJC investigation panel who was headed by the then Chief Judge of the Federal High Court, Justice Auta- the judge who sentenced Saro-Wiwa to death. The panel went to work. Justice Salami headed to court.

Before court papers and processes were settled, the panel submitted its report:
1) found the allegation of corruption made against Justice Salami untrue;
2) quashed Salami's promotion to the Supreme Court.
3) Held that Justice Salami lied against CJN Katsina-Alu; 4) Ordered that Justice Salami should apologize to CJN Katsina-Alu.


Justice Salami refused to render an apology and public said he wouldn't. At the Emergency Meeting of the NJC August 2011, the NJC suspended Justice Salami pursuant to what it says is its power under section 21 of 3rd schedule of the constitution

NJC relied on its powers to exercise disciplinary control over judges, suspension being a disciplinary procedure or power, outside the power to recommend removal of judicial officers to the President.

Further, NJC recommended the removal of Justice Salami to the President, who acted on the recommendation without delay kia kia. Meanwhile, Salami was still in court.


As it is today, questions were asked about the speed of action of the government, the then AGF Adoke pointed to the decision of the NJC and that the President was duty-bound to accept and execute the decision. Justice Salami's fate was sealed.

Adoke further told the media, quoting an unreported 2009 FHC Abuja judgment in Alimi v AGF that suspension comes within the disciplinary powers, that the NJC acted constitutionally, without government's interference.

However 8 months later, the NJC revisited Justice Salami's issue and by 11 to 7 votes recommended that Justice Salami should be reinstated.
Another round of legal debate ensued. An Abuja-based lawyer, Nzebu went to court to challenge the recommendation of the NJC, arguing that there's no provision in the constitution that allows for reinstatement after removal.

That when the NJC disposed off the issue in August 2011, it was no longer constitutionally competent to revisit the issue, even if its earlier decision was perverse. The AGF appeared to have sided with the legal argument

When he told the media after the FEC Meeting one Wednesday of May 2012 that the President would not be visiting Justice Salami's issue.
Political arguments continued, while conspiracy theories were woven around what happened in Ekiti and Osun states: the opposition insisted its mandates were stolen at the polls, and PDP screamed that the opposition bribed judges to claim states it won.


https://twitter.com/AbdulMahmud01/status/1089465374284922880

As usual you guys are being economical with the truth (is did not say you are lying)

How can the NJC recommend Suspension and dismissal at the same time? The NJC never recommended the dismissal odd Justice Ayoade Salami, it recommended his suspension pending the results of its investigations
After investigations it cleared justice Salami and recommended the lifting of the suspension.
Justice Salami was never sacked from the Appeal Court. After about 2 years of waiting to be reinstated by Jonathan, he frustratingly tendered his retirement letter. Justice Salami retired from the court of appeal, he was not sacked.

In principle Jonathan removed the President of the court of appeal by indefinite suspension.

Even the then minister of justice, Adoke did not say that justice Salami was sacked, the excuse that he gave was that the case was in court and so could not reinstate Salami until the court cases were over.

Why Jonathan won't reinstate Justice Salami – Attorney General Adoke
The Federal Government on Tuesday said it would not reinstate embattled Justice Ayo Salami until the court cases challenging his recall to office are resolved.

Speaking at a ministerial platform, a programme where cabinet ministers showcase their achievements in the last one year, the Minister of Justice and Attorney General of the Federation, Mohammed Adoke, said the Federal Government received the resolution of the National Judicial Council recalling Mr. Salami on Friday, May 18. https://www.premiumtimesng.com/news/5228-why_jonathan_can_t_reinstate_justice_salami.html

sholatech:
Only Executives have the facts. He is innocent until the courts pronounce him guilty. You will be shocked how many serving judges, ministers, Governors etc violated same rule that Cjn Onnoghen breached but surely allowed to operate freely because they align with APC.

So are you suggesting we tear the criminal code and free convicted criminals (with an apology ), because serving judges, ministers, Governors etc violated same rule that Cjn Onnoghen breach?

socialmediaman:
Bros, i did not lie now, he retired. They frustrated him, but he retired voluntarily based on the frustrations. I guess he did not want to go to court and order his immediate reinstatement, probably didn't worth the trouble.

Now, when i was strongly against GEJ's re-election in 2015, this was one of the reasons we elected Buhari, to help rebuild the faulty systems. He simply turned out to be worse than his predecessors, coupled to being the worst economic manager the country has ever witnessed

The same way Buhari is attempting to frustrate Onnoghen. What do you think will happen if after 2 years Buhari did not reverse Onnoghen's suspension

Randy100:
The only difference between the two is that in the case of jonathan, NJC approved the suspension of Ayo salami while in the case of Buhari, it was approved by Buhari and Buhari alone.

In the case of Salami, NJC did not approve the continuing suspension of Ayoade Salami

Randy100:
So what made you start attacking Buhari now? Don't tell me that it is because he suspended the corrupt CJN.

Timing and the way it was carried out. Buhari is carrying it out in a totally wrong manner. It's less than 4 weeks to a general election, and he should have at least made attempts to follow the law.

He should have written a petition to the NJC, and the wait a couple of months and even up to 4 months. If the NJC did not act, then he would have had the moral excuse to use gestapo tactics.

helinues:
Thumps up bro.

Of course, we can't all sleep and face same directions.

The politicians are just playing us Ni jare. Both suspensions are personal. In the Onnoghen's case, it is all about Rivers state election. At the moment, INEC do not recognise any of Apc aspirants.

Yes it is always personal. In the case of Ayo Salami, it was all about the Sokoto and Osun state election tribunals.

socialmediaman:
Justice Salami voluntarily retired

https://www.vanguardngr.com/2013/07/justice-ayo-salami-retires/


Now, this was what former Chief Justice Uwais had to say about his reinstatement:

https://allafrica.com/stories/201205250289.html

I honestly do not like dishonest people. How can you say justice Salami retired voluntarily when Jonathan refused to reinstate him close to two years after NJC ordered his reinstatement? Since he was under illegal suspension indefinitely, what do you expect hin to do?
This is what your vanguard link said;

After almost two years of intrigues against his recall, former President of the Court of Appeal, Justice Ayo Salami, has resigned.

Vanguard learnt from competent judicial sources that the respected judge had finally opted to retire from service rather than continue to wait for reinstatement as was recommended by the National Judicial Council, NJC, which had earlier approved his suspension.

Read more at: https://www.vanguardngr.com/2013/07/justice-ayo-salami-retires/

helinues:
Dont mind them jare.. Why even all the noise when power is coming to the south in 2023? Karma will still be existing now

That's the real danger to our corporate existence. The next government will be worse and the one after that even worse in perpetuating illegalities, until we enter full blown dictatorship or complete breakdown.

Since 1999, subsequent governments had been carrying out worse and worse assaults on our constitution.
Obasanjo removed senate presidents at will. He even attenpted to remove and change the vice president.
Jonathan removed the president of the appeal court and CBN governor without constitutional backing. Now Buhari is seeking to remove the CJN unconstitutionally

helinues:
If you can not provide a link where you condemned GEJ, then no need of having this arguments

That's the problem with hypocrisy. When it was Jonathan carrying out illegalities, they were cheerleaders and screaming GEJ till 2019, now that it's Buhari carrying out the same illegality, their chants changed to dictatorship and death to our democracy.

I was always shouting then that what goes around comes around, they refused to listen.

socialmediaman:
http://saharareporters.com/2011/08/21/jonathan-endorses-sack-justice-ayo-salami-approves-appointment-acting-president-court

in 2011, NJC recommended the suspension of Salami, lets base our discussion on facts. It was a controversial decision at the time, however, it was binding.

But the same NJC recommended the reinstatement of justice salami since nothing was found on him by the NJC. Jonathan refused and retired him instead.
https://www.vanguardngr.com/2012/05/njc-asks-jonathan-to-reinstate-salami/

Saao:
he ask a simple question. How has he been feeding his 32 kids with his salary?

How has Atiku been feeding 4 wives, numerous concubines and an unknown number of children?

Chuks9000:
The CJN did not write the constitution.
It's not a problem if he appoints 23/23 of the NJC's membership. It's constitutional privilege which must be respected.
Let him answer the questions the prescribed way.

The law is made for man and not man made for law. How do you suggest an erring CJN to be investigated, disciplined or removed for crimes not related to his office, Eg murder, rape or stealing

Chuks9000:
Nobody is saying don't discipline the CJN. But laid down procedures must be followed.
It's like saying the police can go ahead and kill you on the street because you are in possession of hemp. It's sad.

Although I am not in support of Buhari using Gestapo tactics to remove and prosecute the CJN, but can you tell us what procedure you will follow to prosecute a CJN or any other judge you have enough evidence of wrongdoings against.
Remember the CJN is the chairman of the NJC and only he can summon a meeting of the NJC as well receive petitions to the NJC.

justdream:
Did you even read to understand what you tried depositing. The NJC suspended him first, after several months of investigation. The onus lay with the president to sack him, since his own "mother" the NJC had disowned him.

Does what you wrote even make sense to a madman?

The NJC suspended him in order to carry out investigations ( as that is the normal practice worldwide ), after investigations, he was cleared by the same NJC and was reinstated. But to you NJC had disowned him and so the onus was on Jonathan to sack him.

The NJC never recommended the sacking of Justice Salami, it instead recommended his reistatement.

Here is the actual report from vanguard newspapers;

Reprieve has come the way of the Suspended President of the Court of Appeal, Justice Isa Ayo Salami, as the National Judicial Council, NJC, yesterday, asked President Goodluck Jonathan to reinstate him to office.

It would be recalled that Justice Salami held sway at the appellate rung of the Nigerian Judicial hierarchy till August 18, 2011, when he was ousted from office by the NJC on allegation that he lied on oath against the immediate past Chief Justice of Nigeria, CJN, Justice Aloysius Katsina-Alu.
https://www.google.com/amp/s/www.vanguardngr.com/2012/05/njc-asks-jonathan-to-reinstate-salami/amp/

echepops:
There is no smoke without fire. just think about it. What other reason is it? Jesus Christ didn't come into the world via sperm cells

If Jesus did not come into the world via sperm cells, where then did he get his Y chromosome from? Since he is a man, his DNA must contain one x chromosome and one Chromosome.

NothingDoMe:
Hope you've read up the link.

It seems you also have comprehension deficit disorder. This is the first paragraph of the link;

ABUJA —THE National Judicial Council, NJC, yesterday, quashed the plan by the Chief Justice of Nigeria, Justice Aloysius Katsina-Alu to elevate the President of the Court of Appeal, Justice Ayo Salami to the bench of the Supreme Court.

Read more at: https://www.vanguardngr.com/2011/02/njc-quashes-salamis-promotion/

So how does this support your argument?

Chuks9000:
Why will you wake from a dream and come straight to nairaland? You have been given a link so that you can get updated. Pls, update yourself and apologize for this rubbish fake news.

It is you that is highly ignorant of the justice salami case. Did you read your link at all or you have comprehension issues.

Justice salami and the then CJN had serious issues concerning the Sokoto States Election tribunal. The crisis tore the NJC apart then. In order to remove Justice salami as the president of the appeal court, chief justice Katsina ala recommended Salami for promotion to the supreme Court but justice Salami refused the promotion and the NJC supported him.

bedspread:
Dont give Fake News... Justice Salami was Suspended based in the Recommendations of the NJC

But the same NJC recommended the reinstatement of justice salami since nothing was found on him by the NJC. Jonathan refused and retired him instead.

naijapips04:
you catch a thief with some forged certificate and she starts telling you stories . I should forgive her because according to her, her friends forged the certificate for her? how daft can you get?

Forget that forged certificate shit, that's the way things work in Nigeria. Most times official government documents are declared fake, even when obtained from official quarters. A neighbour working at alausa once helped process a driving license, on going to lasma office for renewal after it expired, I was informed it was fake. You will be surprised how many people are carrying fake drivers licence without knowing it.

Even one of my staff was said to be paying his NEPA bills with fake bills last week. After Ikeja disco installed prepaid meter, the officials who were contractors and not exactly Ikeja Electric officials informed the guy that they don't have records of his bill, that on record, the two flats are sharing one bill. Meanwhile he has been paying with that bill for the past 2 years with a debt of over N130,000 still on it.

erosimo:
[b][/b]stop fooling urself, the then NJC recommended the suspension of salami.
So, who recommends the suspension of this present CJN?

And the same NJC recommended the reinstatement of Salami, but Jonathan retired him instead.

The CCT recommended the suspension of the CJN, just like the Financial Regulatory Commission recommended the suspension of Sanusi.

nameo:
You have no argument legally speaking, my friend. And you know that.

As for the consequence, wait and see. I will quote you when it starts. We are now in full blown anarchy. And it is so unfortunate.

Anarchy because the CJN was suspended? Please be careful what you wish for? See anarchy in Syria, Yemen and about to happen in Venezuela.

Jonathan suspended and subsequently retired Ayo Salami - no anarchy?. Jonathan suspended and retired Latino Sanusi - no anarchy. But as soon as a Niger deltan is suspended - anarchy. So your definition of anarchy is only when injustice is done to a Niger deltan or igbo, but not when injustice is done to Yoruba or Fulani?

ighedosajam2018:
I pity for the neliger Delta's the first time they are holding such sensitive position,they are too quite.hmm what a country.....Where are all the militant making noise, this is now to show that what they are made of...

I do not understand this your argument o. How does a Niger deltas holding such sensitive position for the first time benefit the average Niger deltan? I am a Niger deltan and I honestly do not know the benefit to me or my community of a Niger deltan holding the office of the CJN? A present my first cousin is a junior minister in the administration and I or my community has not benefitted zilch.

So you want militant to start blowing pipelines and putting their lives in danger because one Onnoghen was removed as CJN?

nameo:
What are you talking about?

Immunity is a constitutional provision which says a person cannot be prosecuted while in office. The CJN does not have such protection and that is why he is bee prosecuted in the courts while in office.

The same constitution has also stipulated the ways by which a CJN can be suspended or removed from office and expressly forbids the executive to do so except on the recommendation of the NJC. This was expressly stated in the constitution. Just like with immunity of Govs there are no other interpretation.

The President, if this news is true , has commuted a grave misconduct to the constitution and this will not stand.

And yes this will certainly lead to this country try burning if true. If you think some forces will take this you are only dreaming.

By the way when did CCT give such an order. The CCT is not sitting and has even been restricted by a superior court- the Court of Appeal.

Who will burn the country? Who is ready to take up arms to fight for Onnoghen?

Only the immunity of governors and president are sacrosanct, other government officials are not, especially appointed civil or public servants.
There are so many loopholes that can be exploited. Jonathan exploited the Financial Regulatory commission (can't remember the exact acronym now) to remove Sanusi. The CCB also can recommend the suspension of any officer.

All these will go to court and be subject to judicial interpretation, meanwhile the damage had been done.

onmyowncj:
I thought buharri is not aware of the allegation against cjn,now he buharri suspended cjn himself as he learned cjn was going to swear in election petition tribunal tomorrow,buharry has conquered Nigeria,I will not be surprised if Nigeria becomes an Islamic state tomorrow,Bleep Nigeria

What has Islamic state go to do with the issue at hand?

Excelboi:
He doesnt't except it is a recommendation of the NJC and two-third of the senate has to pass a vote for such removal.

Section 292 of the CFRN 1999. -
(1) A judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances:-
(a) in the case of:-
(i) Chief Justice of Nigeria, President of the Court of Appeal, Chief of Judge of the Federal High Court, Chief Judge of the High Court of the Federal Capital Territory, Abuja, Grand Kadi of the Sharia Abuja and President, Customary Court of Appeal of the Federal Capital Territory, Abuja, by the President acting on an address supported by two-thirds majority of the Senate.
(ii) Chief Judge of a State, Grand Kadi of a Sharia Court of Appeal or President of a Customary Court of

We are talking about suspension not removal. Quote relevant sections concerning suspension of the CJN

rexwalters:
War is strategy,National Assembly goes on recess,the executive attacks. The honest truth even the Hausa Fulanis on the Supreme Court want him out,he is never coming back.

Na Fulanis on the Supreme Court tell am say make him no declare him asset?
These Fulanis on the Supreme Court winch pass Bini own o.

4kDdullard:
Niger Delta boys! Una dey dier?

Watin justice Onnoghen don do for Niger delta boys for him life? Why will any Niger delta boy be ready to die for justice Onnoghen?

MissingBudget:
OK, thanks. But does the president have that right? To do it single-handedly?

That would be subject to judicial interpretations of the constitution.

nameo:
Did the Gov of Kano resign after we saw him stuff dollars collected as bribe in babariga.

There is a reason we have laws and the constitution.

If this news is true, wait for the consequences. Cos Buhari and his minions would have bought serious market.

A governor has constitutional immunity, there is nothing Buhari can do even if the governor rapes his mother. It is after he his removed as governor before he can be arrested and prosecuted. A CJN has no such immunity.

Yes we have laws, but the laws are subject to different interpretations.

Are you telling us that we should burn down the country because of the suspension of the CJN?

lordtriplee:
CBN governor suspension was a complete illegality. Drunk Jona had no such powers. The fact a silly drunk president did it in his time doesn't make it legal.

Jesus Christ!

But you guys were hailing Jonathan then for a job well done because the person on the end of the stick was an Fulani man. Now the same stick is used to beat a southerner and you are complaining.