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Nairaland Forum / Nairaland / General / Politics / Does The President Have The Constitutional Power To Suspend The Chief Justice? (47282 Views)
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Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Binikingdowm: 7:34pm On Jan 25, 2019 |
martowskin1:we just dey pray make Atiku fit win. If he ehter ehn, no other party will rule this country again apart from PDP. Jonathan Bleep up big time |
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Iceness: 7:34pm On Jan 25, 2019 |
Actually he does not have d power to do so as he didn't appoint d CJN he entered d post as next in rank to d ex CJN |
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Ozkar: 7:36pm On Jan 25, 2019 |
4dor:and it wasn't the president who suspended him. Also it makes no sense to argue the illegality of suspending the head of the judiciary (CJN) without majority legislative backing, by citing the example of a former President of the Court of appeal. |
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Jonadull: 7:36pm On Jan 25, 2019 |
Binikingdowm:Atiku will win only in your house 1 Like |
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Elliot2(m): 7:37pm On Jan 25, 2019 |
wellmax:Jonathan only acted on the recommendations of the NJC. 1 Like |
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by slimghost(m): 7:39pm On Jan 25, 2019 |
AllenSpencer: You are dumber than i thought. Let me break it down for you airhead. There is no constitutional backing to SUSPEND a CJ. You can only remove him and you need 2/3 concurrence of the Senate. Is it clear now? 2 Likes |
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by discusant: 7:40pm On Jan 25, 2019 |
ChimaAgbalajob: "Security forces to be deployed to kill innocent Nigerians protesting the rape of democracy." But ask: are the security officers not humans who are also seeing the evils going on in this govt? What type of military indoctrination can make a soldier defend evil fashioned by this Buhari cabal against Nigeria? |
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by 4dor: 7:41pm On Jan 25, 2019 |
Ozkar: For the umpteenth time at no point did I use Salami as a yardstick. I'm also telling you once again to read section 11 of the Interpretation Act. http://www.nigeria-law.org/Interpretation%20Act.htm We can all argue from today till tomorrow it won't change what this law says. |
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by 4dor: 7:43pm On Jan 25, 2019 |
Elliot2: Read what he told you to read before arguing with him. http://www.nigeria-law.org/Interpretation%20Act.htm |
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Mujtahida: 7:46pm On Jan 25, 2019 |
Wantedmiller:Not settled. An order touching on the res obtained exparte without putting the other side on notice? |
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Ozkar: 7:50pm On Jan 25, 2019 |
4dor:the law you posted a link to says if you have the power to appoint, you have the power to remove or suspend. Does the president have the power to appoint the CJN on his own? No. The NJC recommends the next CJN, and then the president approves and seeks confirmation from the legislative majority before the appointment becomes official. So why did he suspend him without recommendation from NJC and confirmation by the legislative? |
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Nobody: 7:51pm On Jan 25, 2019 |
MT: You history rewriters. Jonathan didn't suspend Ayo Salami. he approved the suspension given by the njc. 1 Like |
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by shadeyinka(m): 7:51pm On Jan 25, 2019 |
AllenSpencer:I wonder when personal opinions of another become a means of displaying ones ignorance and foolishness! As you are on the inside you have spoken! Psycho-fans shouting "Sai Baba" with no single intellectual or logical independence! Good night |
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by GIFTD: 7:58pm On Jan 25, 2019 |
Capensis:Or rather the cabals using the old fool to rule this country. |
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by 4dor: 8:05pm On Jan 25, 2019 |
Ozkar: Good question! You know who has the power to answer this? A competent court of law not you or me. Hopefully someone will wake up and do the right thing. |
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by banquetking: 8:10pm On Jan 25, 2019 |
Yes you are correct about the position of precedents and their use by the honourable courts of law. However, before a precedent can be considered it must first be on all fours with the matter, it is sought to be applied to which in this case doesn't apply, the reason being as follows. Retd. Hon. Justice Ayo Salami was first and foremost suspended by the NJC the body whose decision was then acknowledged by then president Goodluck Ebele Jonathan based on their recommendation as at that time. This has not been followed in this case as President Muhammadu Buhari has acted unilaterally without resort to the NJC nor the senate majority and as such he has acted contrary to constitutional powers and made a clear abuse of the principle of separation of powers. This is not a matter or religious or ethnic sentiment, it is an issue that bothers on whether the law was followed intoto in arriving at a concise decision. Tetehjewels: |
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Just2endowed2(m): 8:11pm On Jan 25, 2019 |
Tetehjewels: Suspension and removal are almost same. Can the president now use the same meaning you are thinking to use to suspend the senate president? Can he dare it? |
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by ollah2: 8:13pm On Jan 25, 2019 |
4dor: Nigerians are full of hatred, hypocrisy and sentiments. Buhari is a tyrant and he is practising an autocratic government blah blah. OBJ and GEJ did exactly what he did but none of these guys ever called them names. 1 Like |
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by obailala(m): 8:15pm On Jan 25, 2019 |
This exact same scenario played out when GEJ Meanwhile most of the folks shouting 'tyrant' here today called it a 'masterstroke' when a similar situation played out 5 years ago. 1 Like |
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Just2endowed2(m): 8:16pm On Jan 25, 2019 |
wellmax: You are just too dumb and ignorant with the truth. Jonathan suspend him base on the recommendation the njc. Now go back to that case and apologise for your ignoramus thinking 1 Like |
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Ozkar: 8:16pm On Jan 25, 2019 |
4dor:dude, the Nigerian Court of Appeal ordered the CCT to suspend the trial, but they disregarded that injunction by A COMPETENT COURT OF LAW. Also Buhari disregarded the legislative like the tyrant that he is and went on to oil his rigging machinery. Where does the CCT have the jurisdiction to order suspension of the CJN, or appointment of another? This is blatant rape of the constitution and a coup on the judiciary. Shame on all those supporting this. |
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by rhektor(m): 8:17pm On Jan 25, 2019 |
NaijaMutant:Present your own point and save your face |
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by AyoolaIgwe(m): 8:17pm On Jan 25, 2019 |
borntoexcel2000:1. A subsisting FHC order had restrained the CCT from sitting on the matter. 2. A legal axiom states that, "the express mention of one is to the exclusion of all others." The CJN can't be suspended na. The constitution recognizes an outright removal to the exclusion of a suspension. |
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Nobody: 8:20pm On Jan 25, 2019 |
Just2endowed2: There is nothing like almost same in law. Suspension is different from removal |
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by UyiIredia(m): 8:21pm On Jan 25, 2019 |
helinues: Read well it is ON THE RECOMMENDATION OF THE NJC Buhari can remove a Chief Justice not by Himself through some bloody Code of Conduct Tribunal. |
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Jaideyone(m): 8:22pm On Jan 25, 2019 |
Willie2015:what happened when you clowns were busy bombing in 2015/2016? ![]() |
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by cyprex: 8:23pm On Jan 25, 2019 |
Binikingdowm: Why not face the issue at hand? |
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Nobody: 8:24pm On Jan 25, 2019 |
AyoolaIgwe: The constitution does not place any limitation on the President when it comes to a suspension but only in the case of a removal. The constitution is an authority in that regard and not when it comes to a suspension. Besides when such silence in terms of suspension is observed, the constitution also recognized this and said REMOVAL OR SUSPENSION. This can be found in the interpretation of the laws and acts of Nigeria 1990 |
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Just2endowed2(m): 8:25pm On Jan 25, 2019 |
Tetehjewels: Chai? And I am nigerian with this people. Piss. Go and read that your Jonathan case against the president of the appeal court. Do you think it was the FG That removed him? You are just too backwards. It was the NJC. spit., |
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Francisayo(m): 8:32pm On Jan 25, 2019 |
Most comments here shows you guys are really reaching cis of your emotions... As a learned fellow I will educate you There is no place in d constitution that is against d president suspending the CJN....what is in d constitution is the protocols to follow to remove the CJN and I'm sure you know both are different terms in Law....... So constitutionally Buhari has not done any thing contrary to the constitution.... Any question? 1 Like |
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by chinedumoooo: 8:32pm On Jan 25, 2019 |
[quote author=nelxxy post=75107372] and who told you that buhari appointed cjn and also has the Right to sack or fire[/quote President Muhammadu buhari ordered vice president osinbajo to appoint the cjn.vp osinbajo can not appoint cjn without consulting the president despite being in acting capacity. |
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Just2endowed2(m): 8:33pm On Jan 25, 2019 |
Tetehjewels: Dude, if you think the president can use the term suspension which you blindly think it's different things base on where you understand the law,then that means he can wake up one day and suspend anything blocking his way. I know you don't understand but just sit down and use a bit of your brain and tell me if this is not tyranny? . My brother, I am not surprised that you won't condemn him but even in past leaders like Hitler that ran tyranny throughout their country, they still have diehard followers that were completely blind with ethnicity, emotions and the truth like you. Continue and it's even baseless arguing with you . May God save the open minded ones. |
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