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Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola - Politics (3) - Nairaland

Nairaland Forum / Nairaland / General / Politics / Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola (25184 Views)

Unwarranted Court Orders: APC Unveils The Faces Of Erring Judges / DSS Cleared Dongban-Mensem Before She Was Nominated By NJC / Exclusive:NJC To Sack Erring Judges On Issuance Of Certificate Of Returns. (2) (3) (4)

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Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by SaintLucia: 11:00pm On Jan 13, 2019
NJC? Okay who is the chairman of NJC?

1 Like

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by pryme(m): 11:01pm On Jan 13, 2019
PrecisionFx:


Can buhari or any governor be judged?

No.
Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by MannaFromHeaven(m): 11:01pm On Jan 13, 2019
[quote author=nawebco post=74736495]Oluwole Adesina WROTE:

ON CJN: So many people are overrated in Nigeria. It's either they underrated our intelligence service or sheer stupid arrogance.

A whole Chief Justice of Nigeria is making silly excuse. How could someone of his calibre not knowing they are being monitored?

The money in Standard chartered wasn't there before Mr President took over in 2015 but was deposited there few months ago by desperado in PDP.

The losers wanted to win the presidency through the Supreme Court. Appeal the election then get favourable judgement at the Apex Court.

Unknown to them, the Judges are being monitored and all their lines are tapped.

Atiku Abubakar and Bukola Saraki are daft. They thought they could used the CJN knowing that Mary Odili is under spotlight. What a wrong move?

CJN need to step down because he has been caught red-handed with bribe money.

To hell with Atiku Abubakar and his evil plan.

And as for CJN? Shame on him.[/quotes

Please read the article and stop failing yourself like your dad's condom

4 Likes

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by mistyebby(f): 11:02pm On Jan 13, 2019
All these palava just to ensure they secure next term.

They want a case where by any petition that reaches the court is judged in their favour. Power thirsty vampires.
Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by olotuo: 11:02pm On Jan 13, 2019
oderinlewo:

Why can't u be reasonable for once....can't u see how stupid u sound whenever u defend buhari..are u not tired ?..dey use ur upper na

Actually he is more reasonable here cause the CJN who also doubles has the chairman of NJC can not judge his own case he need to step aside

3 Likes

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by ehissi(m): 11:03pm On Jan 13, 2019
gbeseun:
I think old age is affecting this man.
Who is The chairman of NJC?

So the CJN will now judge his case himself abi.

Radarada

Stop talking brashly.

The CJN is just one member of the NJC with just one vote. Decisions of the Council are put to vote. Its like presenting a case before the senate stating that the President of the senate is corrupt.

It will go through the house ethics on committee. The report of the committee will be debated upon and put to a vote.

The Senate President will simply exclude himself from such debate and handover to his deputy to handle the preceedings.

Thats how its done. Stop typing radarada upandan, abi na you them send come replace MC oluomo seh?

2 Likes 2 Shares

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by Akiara: 11:04pm On Jan 13, 2019
You Statements are always Daft. It's surprising that your useless 'oluwole' upbringing could get you a BMC job...that alone shows why you retards have 'tunnel Vison' and exhibit the highest degree of zombieism.

Shameless urchin...




KingOfAllIgbos:


grin

Short imp,.....useless, satanic BUT Vice President of a nation of over 180 million people including your father

Your PAST, PRESENT and FUTURE generations have not and will not achieve 1/1 trillion of what Osibanjo had by age 30.

Sad but true. Now RIP, my condolences. Cry more
Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by Yankee101: 11:05pm On Jan 13, 2019
Does Buhari know constitution?
Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by akiOYIBO: 11:05pm On Jan 13, 2019
Shikini:
Abiodun Nejo, Ado Ekiti

Legal luminary, Chief Afe Babalola (SAN), has described the proposed trial on Monday of the Chief Justice of Nigeria, Justice Walter Onnoghen, at the Code of Conduct Tribunal over alleged failure to fully declare his assets as “denigration of the country’s Judiciary and Constitution.”










The incarceration of Dasuki, Kanu and the extrajudicial killings of the Easterners, etc. what is it then? respect for the law?. Never knew the judiciary could be this responsible. Corrupt fulani judiciary u shall all perish

2 Likes

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by KingOfAllIgbos: 11:07pm On Jan 13, 2019
Akiara:


Akiara to his useless fagg0t father

[s]You Statements are always Daft. It's surprising that your useless 'oluwole' upbringing could get you a BMC job...that alone shows why you retards have 'tunnel Vison' and exhibit the highest degree of zombieism.

Shameless urchin...



[/s]

Read your own comment slowly. I can not even begin to correct your grammatical errors. All i can politely say is that you took after your Papa grin

1 Like 1 Share

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by flames01: 11:08pm On Jan 13, 2019
nawebco:
I am not an idiot like you that judges by the title alone

The submission I made was a further clarification on the matter.

No, you are an idiot. Go back and check my original comment and you will be convinced of your stupidity.
Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by pryme(m): 11:10pm On Jan 13, 2019
NOPET:




since the man is from pdp state, do u want to replace him with APC state? why are you reasoning like a fool?

Justice Onnoghen shot him self on the foot and sharks are coming for him.
Fools like you will take a strategy you use to play checkers to go and play chess, cos you don't know the level of politics that's on play here.
Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by 2truthfulguy: 11:12pm On Jan 13, 2019
the NJC is a cult

1 Like

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by OGHENAOGIE(m): 11:12pm On Jan 13, 2019
nawebco:
Oluwole Adesina WROTE:

ON CJN: So many people are overrated in Nigeria. It's either they underrated our intelligence service or sheer stupid arrogance.

A whole Chief Justice of Nigeria is making silly excuse. How could someone of his calibre not knowing they are being monitored?

The money in Standard chartered wasn't there before Mr President took over in 2015 but was deposited there few months ago by desperado in PDP.

The losers wanted to win the presidency through the Supreme Court. Appeal the election then get favourable judgement at the Apex Court.

Unknown to them, the Judges are being monitored and all their lines are tapped.

Atiku Abubakar and Bukola Saraki are daft. They thought they could used the CJN knowing that Mary Odili is under spotlight. What a wrong move?

CJN need to step down because he has been caught red-handed with bribe money.

To hell with Atiku Abubakar and his evil plan.

And as for CJN? Shame on him.
u took time to type this nawa for ina...naso bribe easy...

1 Like

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by nairaman66(m): 11:12pm On Jan 13, 2019
Shikini:
Abiodun Nejo, Ado Ekiti

Legal luminary, Chief Afe Babalola (SAN), has described the proposed trial on Monday of the Chief Justice of Nigeria, Justice Walter Onnoghen, at the Code of Conduct Tribunal over alleged failure to fully declare his assets as “denigration of the country’s Judiciary and Constitution.”


He also noted the constitutional provision which stipulates that any infraction by judges must first be investigated and then resolved by the National Judicial Council, “to the exclusion of any other body or authority.”

Babalola, in a statement on Sunday entitled, Proposed arraignment of the Hon Justice Walter Onnoghen: Again, I say two wrongs do not make a right, said the law had made clear the processes for the trial of judicial officers and as well their removal, hence the need to desist from “contempt and denigration of the judiciary.”

He said: “I am of the view that the Constitution requires that any infraction by the said judges be firstly investigated and resolved by the National Judicial Council, to the exclusion of any other body or authority.”

Babalola, who stated that the decision of the Court of Appeal in Nganjiwa v Federal Republic of Nigeria (2017) LPELR-43391(CA) “still subsists and has not been set aside,” said: “I therefore see no justification for the decision to arraign the CJN before the CCT.”

Continuing, he argued, “Again, the point must be made clear that the Constitution clearly provides for the procedure with which the CJN can be removed from office.

“Section 292 (1)(a)(i) and 292 (1)(b) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended) addressed it.”

According to him, given the clear provisions for trial and removal of judges, “It becomes more worrying to learn that, aside from laying the proposed charges, the prosecution has also filed an application for an order directing the CJN to recuse himself from office pending the conclusion of the trial.”

The senior advocate said: “By proceeding as proposed, the government is unwittingly or, perhaps, deliberately, creating a wrong impression in the minds of millions of Nigerians that the Judiciary is a criminal organisation.

“For the sake of our democracy, this is a misconception that must not be allowed to fester.

“No country, no matter how well intentioned its political leaders are, can aspire to greatness if its judicial arm is denigrated and held in contempt.

“While the Judiciary itself must be awake to its huge responsibilities, its efforts in this regard will surely not be helped by the erosion of its independence,” the SAN stated.


https://punchng.com/onnoghen-constitution-says-erring-judges-must-be-investigated-by-njc-only-afe-babalola/




What does the constitution say about a lifeless president? A certificate forger and a fraud?

4 Likes 1 Share

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by BigIyanga: 11:15pm On Jan 13, 2019
They’ll call him Ipob lawyer ooh smh
Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by smithyemy: 11:16pm On Jan 13, 2019
Am a yoruba guy and i will never be biased with my reasoning. I couldnt remember when last BUHARI honoured and obey COURT ORDER. now, he want to destroy our constitution the more. NIGERIA has a CONSTITUTION and it has the final say. THERE is no country in the world where anybody or rules supersede the CONSTITUTION. so, the critics on nairaland should get that straight away to their head. Abi, now much salary are you been paid by BUHARI. LET me remind you, the highest corruption in the whole world is when a president of a country refuses to obey court orders, fail to produce his/her certificate and when he fails to publicly display its worth before been swear or after been swear in

3 Likes 2 Shares

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by Felixv: 11:16pm On Jan 13, 2019
gbeseun:
I think old age is affecting this man.
Who is The chairman of NJC?

So the CJN will now judge his case himself abi.

Radarada

I was wondering also --even the internet has the simple answer


Nemo judex in causa sua (or nemo judex in sua causa) is a Latin phrase that means, literally, "no-one should be a judge in his own case." It is a principle of natural justice that no person can judge a case in which they have an interest.

3 Likes

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by ashjay001(m): 11:23pm On Jan 13, 2019
Fools everywhere!

On d one hand, wailing corruption is not being fought and laughing at all efcc's cases being thrown out!

Yet, they don't want d judicial arm cleansed! Awon werey gbogbo angry

3 Likes

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by pryme(m): 11:26pm On Jan 13, 2019
nawebco:
Hello all. I feel that I need to put in my two bits in the Onoghen CCB debate. First let me tell you where I stand. I am for strong institutions & the rule of law. I believe that the law should be no respecter of persons. With that foundation, please follow me on this journey

Facts only:
a) Has the CJN been removed, answer is NO?
b) Can the President remove the CJN, the answer is Yes/No
c) Can the CJN be arraigned before the CCB? The answer to me is inconclusive, but I will be rooting for YESS and I will explain as we go on further.

Can the President Remove the CJN?
Yes he can remove the CJN but on the recommendation of the National Judicial Council (NJC) and the NJC itself is advised by the Federal Judicial Service Commission. Please see the following images which are excerpts from the Constitution

From the provisions it is clear that the President must receive recommendations from the NJC before he can appoint or remove Onnoghen & if fact other S.Ct Justices /Justice of Federal Courts. This is in consonance with the principles of Separation of Powers with checks & balances

You will observe from the provisions of the Const. that the CJN is a member of the two bodies that have a say in his removal. This very fact again offends another very key maxim of equity which is "nemo judex in causa sua" meaning that "you cannot be a judge in your own cause"

What can propel the FJSC and the NJC to start proceedings against the Chairman of their respective boards? The Attorney General must send in a petition to the NJC and ask them to investigate their own chairman and recommend him for removal. We can all see the legal conundrum

Who will nominate the judge that is next in line to the CJN to start the process of investigating the CJN & what is there to investigate? The CJN has admitted all charges brought against him by the CCB. From this point of view, the NJC need no further evidence? CJN is wrong.

So what should happen? How does the FGN go forward on this. Judging by all the conundrum of the NJC, should the FGN do nothing when it is obvious that the NJC will likely do nothing? How does the FGN which has the right of initiating the prosecutorial process go on?

The FGN through the CCB initiates a trial before the CCT? Was the CCB right or wrong? We again go to the Constitution. What are the functions & duties of the CCB? The Constitution tries to entrench transparency & accountability in public servants by requiring asset declaration

The CJN is a public officer who is caught smack at the centre of this misbehaviour. It is important to note that the CJN HAS NO IMMUNITY. So nothing stops CCB from arraigning him before CCT on false declaration of assets. I believe the case of Nganjiwa Vs FRN can be distinguished

Before I distinguish the two situations let us look at what awaits the CJN at the CCT. Again we look at the Constitution.

If the CJN is found guilty (& in this case he has admitted guilt anyway) the CCT can remove him from office, ban him from future office for 10 years, confiscate assets & other punishment which the NASS has prescribed. Has NASS or will NASS ever prescribe additinal punishment?

Now to distinguish Nganjiwa Vs FRN to this CJN scenario, mind you this is what I shall be arguing if I were the FGN's lawyer. Nganjiwa J, was arrested and arraigned on charges of corruption under EFCC Act

The charges are strictly criminal. In CJN's case he is arraigned under a specific law -Code of Conduct which is what it says a rule for public servants that guides their behaviour. It is not stricto sensu a crime but a failure to act judiciously & for which the punishments...

are also not stricto sensu jail term. Is there a need of recourse to the NJC in a case where another govt constitutional constituted body has powers to decide on a specific infraction? I would submit no. The FGN should have this issue decided as a preliminary issue because

there seems to be a judicial protectionism which is sneaking in Immunity that the constitution has not granted to judicial officers. The CJN has been arraigned, let us test the constitution and the powers it gives and where there is need for a reform in law, let us do so.

The administration of justice in Nigeria is being rubbished if the CJN continues in office knowing that he has lost credibility to preside. We as Nigerians do not know the damage we do to our own institutions when we carry on with the prism of ethnicity & politicking

Every single decision of the S.Ct on corruption that had Onnoghen as a member of the panel is under a hue, from now onwards he is impotent. It is similar to @HMKemiAdeosun's case. He needs to resign since he knows he cannot be sacked. That is the right thing to do.

As for me, I would continue to urge the FGN to bring all these issues to the public, not minding the times or seasons. We need to hold public officers accountable & they need to hold themselves accountable. The CJN, having admitted wrong doing needs to resign honourably.

Thank you for this elaborate piece. Unfortunately 150 SANs that want to defend the CJN don't see things this way. I was carefree when I was not educated, but I became angry when I was, because you wonder how can people that were educated in the best schools can be so daft, like they were never taught these things you know in school.

Now the Children of hate are blind to the fact that the CJN has admitted he erred. They will never see any sense in what you wrote.

4 Likes 1 Share

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by Nobody: 11:27pm On Jan 13, 2019
And what if the NJC is incapacitated because of bias or corruption, what then happens?

2 Likes

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by swazy85: 11:28pm On Jan 13, 2019
nawebco:
Hello all. I feel that I need to put in my two bits in the Onoghen CCB debate. First let me tell you where I stand. I am for strong institutions & the rule of law. I believe that the law should be no respecter of persons. With that foundation, please follow me on this journey

Facts only:
a) Has the CJN been removed, answer is NO?
b) Can the President remove the CJN, the answer is Yes/No
c) Can the CJN be arraigned before the CCB? The answer to me is inconclusive, but I will be rooting for YESS and I will explain as we go on further.

Can the President Remove the CJN?
Yes he can remove the CJN but on the recommendation of the National Judicial Council (NJC) and the NJC itself is advised by the Federal Judicial Service Commission. Please see the following images which are excerpts from the Constitution

From the provisions it is clear that the President must receive recommendations from the NJC before he can appoint or remove Onnoghen & if fact other S.Ct Justices /Justice of Federal Courts. This is in consonance with the principles of Separation of Powers with checks & balances

You will observe from the provisions of the Const. that the CJN is a member of the two bodies that have a say in his removal. This very fact again offends another very key maxim of equity which is "nemo judex in causa sua" meaning that "you cannot be a judge in your own cause"

What can propel the FJSC and the NJC to start proceedings against the Chairman of their respective boards? The Attorney General must send in a petition to the NJC and ask them to investigate their own chairman and recommend him for removal. We can all see the legal conundrum

Who will nominate the judge that is next in line to the CJN to start the process of investigating the CJN & what is there to investigate? The CJN has admitted all charges brought against him by the CCB. From this point of view, the NJC need no further evidence? CJN is wrong.

So what should happen? How does the FGN go forward on this. Judging by all the conundrum of the NJC, should the FGN do nothing when it is obvious that the NJC will likely do nothing? How does the FGN which has the right of initiating the prosecutorial process go on?

The FGN through the CCB initiates a trial before the CCT? Was the CCB right or wrong? We again go to the Constitution. What are the functions & duties of the CCB? The Constitution tries to entrench transparency & accountability in public servants by requiring asset declaration

The CJN is a public officer who is caught smack at the centre of this misbehaviour. It is important to note that the CJN HAS NO IMMUNITY. So nothing stops CCB from arraigning him before CCT on false declaration of assets. I believe the case of Nganjiwa Vs FRN can be distinguished

Before I distinguish the two situations let us look at what awaits the CJN at the CCT. Again we look at the Constitution.

If the CJN is found guilty (& in this case he has admitted guilt anyway) the CCT can remove him from office, ban him from future office for 10 years, confiscate assets & other punishment which the NASS has prescribed. Has NASS or will NASS ever prescribe additinal punishment?

Now to distinguish Nganjiwa Vs FRN to this CJN scenario, mind you this is what I shall be arguing if I were the FGN's lawyer. Nganjiwa J, was arrested and arraigned on charges of corruption under EFCC Act

The charges are strictly criminal. In CJN's case he is arraigned under a specific law -Code of Conduct which is what it says a rule for public servants that guides their behaviour. It is not stricto sensu a crime but a failure to act judiciously & for which the punishments...

are also not stricto sensu jail term. Is there a need of recourse to the NJC in a case where another govt constitutional constituted body has powers to decide on a specific infraction? I would submit no. The FGN should have this issue decided as a preliminary issue because

there seems to be a judicial protectionism which is sneaking in Immunity that the constitution has not granted to judicial officers. The CJN has been arraigned, let us test the constitution and the powers it gives and where there is need for a reform in law, let us do so.

The administration of justice in Nigeria is being rubbished if the CJN continues in office knowing that he has lost credibility to preside. We as Nigerians do not know the damage we do to our own institutions when we carry on with the prism of ethnicity & politicking

Every single decision of the S.Ct on corruption that had Onnoghen as a member of the panel is under a hue, from now onwards he is impotent. It is similar to @HMKemiAdeosun's case. He needs to resign since he knows he cannot be sacked. That is the right thing to do.

As for me, I would continue to urge the FGN to bring all these issues to the public, not minding the times or seasons. We need to hold public officers accountable & they need to hold themselves accountable. The CJN, having admitted wrong doing needs to resign honourably.



You are a fool,by there fruit you shall know them ,idiot stop been bias

1 Like

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by KingOfAllIgbos: 11:32pm On Jan 13, 2019
Akiara:


Akiara to his useless homosexual father and spermbank wh0re mother :

See Painment!!

Just know that your mother doesn't know your Father.

Below are pictures of your mother and her last boyfriend.




Ok...no wonder wink

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by pryme(m): 11:32pm On Jan 13, 2019
lexy2014:


Based on d highlighted, how many people within d executive have been handed over 2d efcc, DSS or AGF for prosecution despite calls 4 such?

Their wrong deeds does not absolve the judges of theirs.
Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by 0nyedikachukwu: 11:32pm On Jan 13, 2019
My friends, good lovers of democracy, you have seen it all. This government has trampled on democracy and the rule of law yet again. This accusation of a seating Chief Justice of a great country like Nigeria should tell you the type of people you have at the helm of affairs. A word is enough for the wise. Make sure your votes get Nigeria working again, for the betterment of you and your children. We have gradually returned to military dictatorship under Mr. President. Be wise, my friends.
Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by garfield1: 11:35pm On Jan 13, 2019
swazy85:




You are a fool,by there fruit you shall know them ,idiot stop been bias
Can you counter his objective post and stop pouring abuses and invectives?

2 Likes

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by garfield1: 11:37pm On Jan 13, 2019
0nyedikachukwu:
My friends, good lovers of democracy, you have seen it all. This government has trampled on democracy and the rule of law yet again. This accusation of a seating Chief Justice of a great country like Nigeria should tell you the type of people you have at the helm of affairs. A word is enough for the wise. Make sure your votes get Nigeria working again, for the betterment of you and your children. We have gradually returned to military dictatorship under Mr. President. Be wise, my friends.
What do you have to say about the merit of the case and the statement of the cjn admitting his own mistake?

1 Like

Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by Akiara: 11:38pm On Jan 13, 2019
grin

If people like you litter the Internet in Nigeria. ..then I believe calling Buhari a daft person is insulting. You are the real definition of DAFT..

Go kiss wet transformer...zombie



KingOfAllIgbos:


Ok...no wonder wink
Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by lexy2014: 11:55pm On Jan 13, 2019
pryme:


Their wrong deeds does not absolve the judges of theirs.

D issue is who is supposed 2 discipline judges when they err? Is it d executive?
Re: Constitution Says Erring Judges Must Be Investigated By NJC Only — Afe Babalola by XaviDayo(m): 11:59pm On Jan 13, 2019
The ediorrrt can't read. If you love and support impunity aka Buhari, thunder strike you

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