kinibigdeal:
Why then do we have an acting CJN when it is obvious that he is the most senior at this time. Have you ever heard of acting CJN before? Why did PMB failed to send is name to the senate for comfirmation? Why is he not comfirmed yet?

Of course, we have always had Acting CJN. All such appointments are usually in Acting capacity until confirmed by the senate. Justice Dahiru Musdapher was also the Acting Chief Justice of Nigeria, CJN, for a while after nomination by President Goodluck Jonathan.

The president has the prerogative of choosing from names forwarded to him. Though by convention it is the most senior judge that is usually selected, but that is not a constitutional requirement. If the president decides not to appoint the Most Senior Judge, he has not run foul of any law. And if he also by convention chooses the most senior justice, it is all well and good.

Kindly be educated that any position that needs confirmation by the senate, who ever is appointed into that position pending the confirmation of the senate is in Acting Capacity.

That PMB is usually slow with his appointment is common knowledge, I'm sure he wont counter the nomination of the Justice Onnoghen. He is a very unbiased judge.

Also let me give you some history information. The last time we had a Southern CJN also coincide with the last time Buhari was in the saddle as Head of State.

Jimoh Ibrahim is a shipwreck

Ur thunder go pass ova OKE. MaY thunder strike d rest.

lobinche101:
@olayibo1.... I just confuse here.. People say jimoh is back again for pdp...
Well as for me, jimoh,eyitayo,aketi,oke all nah thief.... Thunder fire all of them

lobinche101:
@olayibo1.... I just confuse here.. People say jimoh is back again for pdp...
Well as for me, jimoh,eyitayo,aketi,oke all nah thief.... Thunder fire all of them

Not true no news like that from the said radio station. Just confirmed now. The Adaba Radio had been on interview programme since the 10am

kinibigdeal:
It all still bug down to the executive. For example, the body language of the president alone can interprete how proceeding from the court is going to look like. If the president can allow the people surrounding him to remote control the judiciary without him questioning them, nothing else the legislative arm can do than to follow same pattern. The judiciary were independent in the last government to some extent, many judgement does not favour PDP during GEJ tenure while some does. All am saying is, the judiciary need to seperate their head from the legislative and executive if we are to have a moving democracy

I can see your argument direction is to blame the president for everyrhing. How many judgement has favoured APC in the last 18 months?

kinibigdeal:
Jimoh Ibrahim is a shipwreck

Oga he insist that despite Inec replacing his name with jegede, Come what may, he is the PDP candidate on saturday Ah jimoh 'Ti re Oko Ete Nigbayi, O wa Kan abuku bo'

engineerboat:
After all arguments and counter argument.

Justice Walter strikes out all appeals brought by Sherriff & Jimoh Ibrahim. Insists all issues should be heard in substantive appeal

Vatsyayana:
So when is the court resuming sustantive hearing?

As per the question above when can that be? I'm sure it will not be any time soon as I doubt if Jimoh's team would have been given the comprehensive judgement of the court of appeal.

I dont have time to type details about the Oputa panel zeit-geist, i will agree with you on that.

modath:


Oputa panel was a special panel of ENQUIRY It was constituted for civil or criminal matters.

Wait oo. Me I be lay man. How come they filed an appeal witout having a copy of the Appeal Court judgement. Then wat r they appealing against?

agabusta:




As per the question above when can that be? I'm sure it will not be any time soon as I doubt if Jimoh's team would have been given the comprehensive judgement of the court of appeal.

lobinche101:
@olayibo1.... I just confuse here.. People say jimoh is back again for pdp...
Well as for me, jimoh,eyitayo,aketi,oke all nah thief.... Thunder fire all of them

Akin lobinche, dont start dat 1 here again oooooo. Lets keep it in house.

Your questions are too ironical for answers

Ijaya123:


I can see your argument direction is to blame the president for everyrhing. How many judgement has favoured APC in the last 18 months?

kinibigdeal:
Your questions are too ironical for answers

I know you will avoid the answer because doing so will amount to shooting yourself in the foot.

this is the first thread in a long time on Nairaland that is not turn into tribal war.

the only thing I love about this debacle is that my state is getting the much needed attention it deserve.

Ise l'oogun ise!

let the best candidate win.

Your point look's like an anopisthograph. Go read the map of history very widely to understand the battology behind the appointment of an acting CJN. GEJ era was an obvious reasons, maybe you need a storyline on the era of OBJ and Ya'radua. I will ask you a logical question, why was Justice Onmoghen's name sent at a time when Mahmud Mohammed tenured had expired? After recommendation's have been made before then.

agabusta:


Of course, we have always had Acting CJN. All such appointments are usually in Acting capacity until confirmed by the senate. Justice Dahiru Musdapher was also the Acting Chief Justice of Nigeria, CJN, for a while after nomination by President Goodluck Jonathan.

The president has the prerogative of choosing from names forwarded to him. Though by convention it is the most senior judge that is usually selected, but that is not a constitutional requirement. If the president decides not to appoint the Most Senior Judge, he has not run foul of any law. And if he also by convention chooses the most senior justice, it is all well and good.

Kindly be educated that any position that needs confirmation by the senate, who ever is appointed into that position pending the confirmation of the senate is in Acting Capacity.

That PMB is usually slow with his appointment is common knowledge, I'm sure he wont counter the nomination of the Justice Onnoghen. He is a very unbiased judge.

Also let me give you some history information. The last time we had a Southern CJN also coincide with the last time Buhari was in the saddle as Head of State.

kings09:
Wait oo. Me I be lay man. How come they filed an appeal witout having a copy of the Appeal Court judgement. Then wat r they appealing against?

They brought an interlocutory injuction before the Supreme Court challenging Court of Appeal ruling, of last 2 week and yesterday Appeal ruling.

but 1. They were yet to file the Appeal court ruling of last 2 weeks which order Jegede to Appeal ruling.

2. They were yet to file the Appeal of Yesterday at the Supreme Court again.

All they are looking for is an injuction when they have no no briefs to submit at the Supreme Court Again.

Nworfor.

If you understand English language in idiom's, you will understand that i already gave you a clear and concised answer

Ijaya123:


I know you will avoid the answer because doing so will amount to shooting yourself in the foot.

Ijaya123:


I can see your argument direction is to blame the president for everyrhing. How many judgement has favoured APC in the last 18 months?

For Gods sake. don't bring that issue here please. this place is meant for intellectual debates and discussion.

Oh ok. Tnks for the explanation n kudos to d real work u r doing here. God bless u. Na learn we say make we de learn

engineerboat:


They brought an interlocutory injuction before the Supreme Court challenging Court of Appeal ruling, of last 2 week and yesterday Appeal ruling.

but 1. They were yet to file the Appeal court ruling of last 2 weeks which order Jegede to Appeal ruling.

2. They were yet to file the Appeal of Yesterday at the Supreme Court again.

All they are looking for is an injuction when they have no no briefs to submit at the Supreme Court Again.

Nworfor.

Engineerboat is sleeping. Judgement has been given in favour of Makarfi, Jegede by the supreme court.

Engineer pls update us

Chiefpriest1:
Engineerboat is sleeping. Judgement has been given in favour of Makarfi, Jegede by the supreme court.

Engineer pls update us

Bross Ekaroooooooo. How was you night.

did you read the Opening Page at all

kinibigdeal:
Your point look's like an anopisthograph. Go read the map of history very widely to understand the battology behind the appointment of an acting CJN. GEJ era was an obvious reasons, maybe you need a storyline on the era of OBJ and Ya'radua. I will ask you a logical question, why was Justice Onmoghen's name sent at a time when Mahmud Mohammed tenured had expired? After recommendation's have been made before then.

You are still not getting it and typing unnecessary grammar. The prerogative of appointment is with the president. You cannot stampede him into a decision. He is is considering the nomination sent to him, at the right time, he will make an appointment as he deemed fit.

If the constitution does not want it that way, it would have expressly stated that the the most senior judge automatically becomes the CJN. You cannot whittle down the power and authority vested on Mr. President on the appointment of the CJN. Relax, there is nothing to be anxious about. The Acting CJN is doing well and will definitely get the appointment if the decision of the President goes in his favour.

Worzky:

Akin lobinche, dont start dat 1 here again oooooo. Lets keep it in house.

$

Alaye I no sabi you, who be this? Well, I dey 059#rodger that

kinibigdeal:
Your point look's like an anopisthograph. Go read the map of history very widely to understand the battology behind the appointment of an acting CJN. GEJ era was an obvious reasons, maybe you need a storyline on the era of OBJ and Ya'radua. I will ask you a logical question, why was Justice Onmoghen's name sent at a time when Mahmud Mohammed tenured had expired? After recommendation's have been made before then.

231.
(1) The appointment of a person to the office of Chief Justice of Nigeria shall be made by the President on the recommendation of the National Judicial Council subject to confirmation of such appointment by the Senate.
(2) The appointment of a person to the office of a Justice of the Supreme Court shall be made by the President on the recommendation of the National Judicial Council subject to confirmation of such appointment by the Senate.

(3) A person shall not be qualified to hold the office of Chief Justice of Nigeria or of a Justice of the Supreme Court, unless he is qualified to practise as a legal practitioner in Nigeria and has been so qualified for a period of not less than fifteen years.

(4) If the office of Chief Justice of Nigeria is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to an has assumed the functions of that office, or until the person holding the office has resumed those functions, the President shall appoint the most senior Justice of the Supreme Court to perform those functions.

(5) Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions of subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment, and the President shall not re-appoint a person whose appointment has lapsed.

engineerboat:


For Gods sake. don't bring that issue here please. this place is meant for intellectual debates and discussion.

...intellectual debates and discussion that only find faults with everything about the presidents. I beg to differ. Hypocrites abound here.

Ijaya123:


...intellectual debates and discussion that only find faults with everything about the presidents. I beg to differ. Hypocrites abound here.

What faults have you seen here so far here.

Case closed

engineerboat:


231.
(1) The appointment of a person to the office of Chief Justice of Nigeria shall be made by the President on the recommendation of the National Judicial Council subject to confirmation of such appointment by the Senate.
(2) The appointment of a person to the office of a Justice of the Supreme Court shall be made by the President on the recommendation of the National Judicial Council subject to confirmation of such appointment by the Senate.

(3) A person shall not be qualified to hold the office of Chief Justice of Nigeria or of a Justice of the Supreme Court, unless he is qualified to practise as a legal practitioner in Nigeria and has been so qualified for a period of not less than fifteen years.

(4) If the office of Chief Justice of Nigeria is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to an has assumed the functions of that office, or until the person holding the office has resumed those functions, the President shall appoint the most senior Justice of the Supreme Court to perform those functions.

(5) Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions of subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment, and the President shall not re-appoint a person whose appointment has lapsed.

kinibigdeal:
It all still bug down to the executive. For example, the body language of the president alone can interprete how proceeding from the court is going to look like. If the president can allow the people surrounding him to remote control the judiciary without him questioning them, nothing else the legislative arm can do than to follow same pattern.

We don't have to like someone but we should always try to be fair in all our dealings..

The judiciary were independent in the last government to some extent, many judgement does not favour PDP during GEJ tenure while some does. All am saying is, the judiciary need to seperate their head from the legislative and executive if we are to have a moving democracy

Can you give just one clear example? In case you arent aware, ustice Ayo Salami of the court of appeal's NJC case is there & CLEAR for all to see..

Did Rivers, AKS etc go the way of the president's party? We should know everything is in the public domain so we need not reformat stories bros..

engineerboat:


231.
(1) The appointment of a person to the office of Chief Justice of Nigeria shall be made by the President on the recommendation of the National Judicial Council subject to confirmation of such appointment by the Senate.
(2) The appointment of a person to the office of a Justice of the Supreme Court shall be made by the President on the recommendation of the National Judicial Council subject to confirmation of such appointment by the Senate.

(3) A person shall not be qualified to hold the office of Chief Justice of Nigeria or of a Justice of the Supreme Court, unless he is qualified to practise as a legal practitioner in Nigeria and has been so qualified for a period of not less than fifteen years.

(4) If the office of Chief Justice of Nigeria is vacant or if the person holding the office is for any reason unable to perform the functions of the office, then until a person has been appointed to an has assumed the functions of that office, or until the person holding the office has resumed those functions, the President shall appoint the most senior Justice of the Supreme Court to perform those functions.

(5) Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions of subsection (4) of this section shall cease to have effect after the expiration of three months from the date of such appointment, and the President shall not re-appoint a person whose appointment has lapsed.

From subsection 5 if the president decides to play funny after three months the NJC can extend the tenure of the AG CJN indefinitely!! The constitution does not give the president the powers to reject the CJN nominee. Only the Senate was allocated such powers

Ijaya123:


...intellectual debates and discussion that only find faults with everything about the presidents. I beg to differ. Hypocrites abound here.

Bless you..

Engineerboat just gave a constitution backing. Am never proving your argument wrong neither am i proving right either, am only worried about the effects of today's judgement on the executive decision. Maybe, integrity test start from here

agabusta:


You are still not getting it and typing unnecessary grammar. The prerogative of appointment is with the president. You cannot stampede him into a decision. He is is considering the nomination sent to him, at the right time, he will make an appointment as he deemed fit.

If the constitution does not want it that way, it would have expressly stated that the the most senior judge automatically becomes the CJN. You cannot whittle down the power and authority vested on Mr. President on the appointment of the CJN. Relax, there is nothing to be anxious about. The Acting CJN is doing well and will definitely get the appointment if the decision of the President goes in his favour.

modath:


Bless you..

Modath Welcome. you travel ni.

But no bring party rivalry here abeg