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Nairaland Forum / Nairaland / General / Politics / Reps Seek To Clip President's Power To Sack Judges- The Punch (17197 Views)
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Re: Reps Seek To Clip President's Power To Sack Judges- The Punch by Clerverly: 7:00am On Oct 14, 2016 |
freeze001: So collecting of bribe by a judge Is not a criminal offence ? So, your only grouse was that DSS effected the arrest, instead of the regular police Efcc? Atter all these ramblings, you failed to mention any section of the constituton, they breached.. 1 Like 1 Share |
Re: Reps Seek To Clip President's Power To Sack Judges- The Punch by freeze001(f): 7:07am On Oct 14, 2016 |
blackpanda: Ah! There lies the problem. You already have a mindset fed by the rhetorics and propaganda from the stables of the executive but u fail to understand the nitty-gritty of issues raised. You asked a question which is clearly answered but the macabre dance of 'fight against corruption' has so clouded ur thought process. Ruling my entire comment through only highlights your lack of civility. I will not even attempt to educate u any further. However, unless the law is obeyed and whatever petitions or allegations against any judge are brought before the NJC, any action in court against them will fail. The fact remains that they must, if found wanting, be stripped first of their office before prosecution otherwise there is immediate bias which will truncate the jurisdiction of any court because they are fellow judges/learned brothers. Seniority in the legal profession is not taken lightly. Go and read up on the procedure for the removal of a judge from office. 3 Likes |
Re: Reps Seek To Clip President's Power To Sack Judges- The Punch by blackpanda: 7:11am On Oct 14, 2016 |
freeze001: U are so strongly convinced abt the heap of nonsense u typed. So I will leave u with it. Enjoy |
Re: Reps Seek To Clip President's Power To Sack Judges- The Punch by freeze001(f): 7:18am On Oct 14, 2016 |
Clerverly: The reason a judge may demand or receive bribe is his position or office as a judge. It is therefore in his capacity as a judge that he may have committed any offence. That amounts to professional misconduct and falls squarely within the ambit of the NJC to the exclusion of all others because he is a judge. If a director in a parastatal demands bribe in his official capacity, the first recourse for disciplinary action against him is from within his office because it is a professional misconduct. He may then be relieved of his position and then prosecuted. These measures are in place to guarantee some independence from other arms of government. 4 Likes |
Re: Reps Seek To Clip President's Power To Sack Judges- The Punch by freeze001(f): 7:22am On Oct 14, 2016 |
blackpanda: Ignorance is costly, desist from it. Deliberate ignorance kills as well. 3 Likes |
Re: Reps Seek To Clip President's Power To Sack Judges- The Punch by kcnwaigbo: 7:42am On Oct 14, 2016 |
Clerverly:If a judge receives bribes and there is sufficient proof to aduce it he would be first investigated by the NJC,removed from the bench before prosecution. You cannot be accusing judges of corruption without proof and expect the NJC to suspend him.The law doesn't work that way 2 Likes |
Re: Reps Seek To Clip President's Power To Sack Judges- The Punch by EternalTruths: 7:44am On Oct 14, 2016 |
blackpanda:kenonze It is the constitution that swears in the president. But because the Constitution can't talk, the CJN does that for it. What is a genuine Constitution.? Citizens agreement. In other words, we all can't swear the president at once. For this reason, the CJN does it on behalf of us 3 Likes |
Re: Reps Seek To Clip President's Power To Sack Judges- The Punch by blackpanda: 7:47am On Oct 14, 2016 |
EternalTruths: Same way the President appoints the CJN based on NJC recommendation. We all cant appoint CJN, thats why the President does it |
Re: Reps Seek To Clip President's Power To Sack Judges- The Punch by EternalTruths: 7:56am On Oct 14, 2016 |
blackpanda: That's why we have problem in our democracy which has seen the Judiciary being a puppet of the Executive. Leave the power to appoint Chief Justice of Nigeria in the hands of National Judicial Council if you truly want to practice separation of power. Let me ask you a question. Based on your logic, why don't you advocate that the Senate President and House of Rep Chairman be appointed by the President. Think outside the box. 2 Likes |
Re: Reps Seek To Clip President's Power To Sack Judges- The Punch by Clerverly: 8:04am On Oct 14, 2016 |
freeze001: So that means, even if a jugde committed murder or homicide , the police cannot effect his/her arrest until the NJc sits and displine him/her? Four questions for you? Is receiving of bribe amount to crime? Can the police investigate crime? Are the Judges under immunity from prosecution? Can the police arrest any Nigerian on the suspicion of crime? |
Re: Reps Seek To Clip President's Power To Sack Judges- The Punch by Figs(m): 8:14am On Oct 14, 2016 |
Also pass a bill of unnecessary travels by d gov.t 1 Like |
Re: Reps Seek To Clip President's Power To Sack Judges- The Punch by anny268(f): 8:17am On Oct 14, 2016 |
Nice move, the NJC should be responsible for the appointment and removal of judges and justices and not the executive.. The Judiciary is an independent body and not a body under the executive.. 2 Likes |
Re: Reps Seek To Clip President's Power To Sack Judges- The Punch by Certifiedboss: 8:17am On Oct 14, 2016 |
BeeBeeOoh: Our representative are only representing themselves. They are making this move because each an every one of them also bribe these judges when they need their favor so they want to give them more power and strength. |
Re: Reps Seek To Clip President's Power To Sack Judges- The Punch by saintkel(m): 8:19am On Oct 14, 2016 |
Aufbauh:I love u man for dis, u said d truth, no homos man 2 Likes |
Re: Reps Seek To Clip President's Power To Sack Judges- The Punch by freeze001(f): 8:19am On Oct 14, 2016 |
Clerverly: I will answer on the premise that the judge in question is guilty. Remember it may not always the case even though the police says so. Murder has no bearing on his profession and does not fall within the description of professional misconduct but can bring the profession into disrepute. He can be arrested in the course ofthe commission of any crime without recourse to the NJC. In other words, if the story of seeing a judge on cctv collecting money is true, the police would have been perfectly in order to arrest him and all others involved on the spot. The question will now be to connect the collection of such money and the parties involved to any case for which the judge may be influenced and whether any judgment to that effect has in fact occasioned a miscarriage of justice ie if judgement had been given and he was then 'taking his reward'. However, if any criminal matter is as a result of suspicion and subsequent investigation, the NJC must be involved because it is important to strip him of his office before trial commences. In other words, with the evidence before the NJC they will suspend d erring judge and recommend him for dismissal and prosecution. 1. It amounts first to professional misconduct and then a crime. By reason of being a judge he is subject first to the NJC. So he must first be disassociated from the profession by the NJC before the criminal aspect of his offence is prosecuted. 2. Yes, the police can investigate crime. Note that the DSS is not the police. They have a different and clearly spelled out mandate which has nothing to do with professional misconduct, corrupt practices of public officers or financial crimes/inducements unless related to terrorism matters. 3. No, they are not under immunity from prosecution. See answer to question 1 for statutory procedures. 4. Yes, the police can arrest on suspicion of crime. However, the nature of the judiciary and the sensitive jobs of judges requires the extra procedure of internal disciplinary measures which ensures the independence of the Judiciary which is the bedrock of every democracy. The simple reason is that the police cannot arrest and detain indefinitely. The arrested person is required by law to be brought before a court in the interest of justice and fair hearing. If the police bring a serving judge before a fellow judge, that is an anomaly and aberration which the law frowns against. The police cannot also strip him of his office, that is the role of the NJC which recommends such an erring officer for dismissal to the appointing Governor or President as the case may be. A high court judge will naturally be intimidated by having to stand in judgment over a Supreme Court judge like the CJN or Chief Judge for instance who probably swore him into office so to remove that possible fear of intimidation, the erring judge must lose that office first. Seniority at the bar and bench is not toyed with and respect for same is ingrained even from law school and subsequent practice. It is just like a police officer caught taking bribe. He must first be subjected to an orderly room trial and dismissed for professional misconduct and then he is prosecuted for bribery and corruption. 5 Likes 2 Shares |
Re: Reps Seek To Clip President's Power To Sack Judges- The Punch by thunder74(m): 8:20am On Oct 14, 2016 |
EternalTruths:Amaechi and Justice Daisy or so came to mind 2 Likes |
Re: Reps Seek To Clip President's Power To Sack Judges- The Punch by Nobody: 8:23am On Oct 14, 2016 |
freeze001:this has been my thoughts on this issue, if the government feels they can just break down doors and arrest judges, what happens when another president comes tomorrow and decides to arrest a judge because he fails to do his bidding?, what happens to other people such as activist, journalists?, i personally think if the president was that serious about fighting corruption, he should have started with amending laws in the Constitution and block all loop holes before the clamp down, so it's within the law 3 Likes |
Re: Reps Seek To Clip President's Power To Sack Judges- The Punch by hucienda: 8:23am On Oct 14, 2016 |
freeze001: Interesting. You really broke this down. Are you a lawyer? 3 Likes |
Re: Reps Seek To Clip President's Power To Sack Judges- The Punch by michoim(m): 8:26am On Oct 14, 2016 |
I think there's need for a popular revolt against NASS (National Assembly). They have become a curse to the nation. That Bill must not be signed into law.NASS only promotes everything that represent corruption, and anything that works against the very best interest of the Nigeria state. Then why waste the taxpayers money on them. This is double jeopardy. This 8th Assembly need to be suspended immediately; honestly they are bunch of rogues. 1 Like |
Re: Reps Seek To Clip President's Power To Sack Judges- The Punch by Reptyle(m): 8:29am On Oct 14, 2016 |
BeeBeeOoh: I don't understand the point of this bill. Presently, a judge cannot be removed without the recommendation of the NJC. That means the President currently cannot sack any judge without the NJC's say so. So how much more involved can the NJC be than that? |
Re: Reps Seek To Clip President's Power To Sack Judges- The Punch by fmlala: 8:30am On Oct 14, 2016 |
Buhari is the President chosen and elected by the people, the legislathieves are just playing ludo game with the constitution, waiting den know self? Either Senate President or speaker or CJN are selected by the few and will only represent the interest of the few. |
Re: Reps Seek To Clip President's Power To Sack Judges- The Punch by realemmyz: 8:31am On Oct 14, 2016 |
ojmaroni247:when will you guys stop being sentimental what is personal about dis now ain't judges more vulnerable when executive can sack them at will 2 Likes |
Re: Reps Seek To Clip President's Power To Sack Judges- The Punch by MakeWeTalk: 8:34am On Oct 14, 2016 |
FINALLY NIGERIANS ARE WAKING UP TO DULLARD1NHO 2 Likes |
Re: Reps Seek To Clip President's Power To Sack Judges- The Punch by freeze001(f): 8:40am On Oct 14, 2016 |
hucienda: Nwanne mmadu, yes I am 2 Likes |
Re: Reps Seek To Clip President's Power To Sack Judges- The Punch by 10kgod(m): 8:40am On Oct 14, 2016 |
All these #REPs.....eh. Dem shaa want Nigerian to hear dia voice at any cost. Continue bluffing, ok. |
Re: Reps Seek To Clip President's Power To Sack Judges- The Punch by freeze001(f): 8:41am On Oct 14, 2016 |
fmlala: Are the members of the Legislature not also elected by the people? 2 Likes |
Re: Reps Seek To Clip President's Power To Sack Judges- The Punch by blackpanda: 8:44am On Oct 14, 2016 |
EternalTruths: Pls know what u are saying before you blab. It is the NJC that recommends. The Presidents appointment is merely administrative. It is a way of checks and balances. Dont come here to display ur ignorance. When it comes to appointment of judges, it is NJC that does the real job. President simply does the ceremonial job. This is unlike ministerial or any other appointment that is the sole prerogative of the president. I dont know why nigerians are so ignorant. At the very least u can use google! Smh |
Re: Reps Seek To Clip President's Power To Sack Judges- The Punch by EternalTruths: 8:49am On Oct 14, 2016 |
blackpanda: You are the ignorant one here I am saying the present system of leaving the President to appoint CJN based on the recommendation of the NJC is wrong because it gives room for favoritism. If you are a corrupt President will you appoint a honest Chief Justice of Nigeria. Use your brain for once to think before you call someone ignorant. How do you think Institutions are strengthen.? Why do you think EFCC can not investigate the President.? You can't be fair in judgment when the person who appoints you is involved. Use your brain to think for once |
Re: Reps Seek To Clip President's Power To Sack Judges- The Punch by iyke484real(m): 8:50am On Oct 14, 2016 |
blackpanda:ooh! God, over cluelessness is disturbing this man. NLanders pls come nd see...how on earth do you arrest a functioning judge nd take hime to court? to be judged by the DSS? i suppose 1 Like |
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