PythonAmaka:

U don't have sense. Osinbajo forwarded his name to the senate for his appointment as the CJN... Igbos and lack of knowledge...


python amaka

Osibanjo forwarded what? And so? The presidency does not have the liberty to pick and choose who would be CJN. It is merely duty bound to accept whosoever is put forward by the NJC, based on seniority. Don't come here and make it seem as if the short idiot of a fake pastor called Osibanjo did anything special.

hedonistic:


Just how your so-called Buhari led FG and its institutions have shielded Buhari's people from prosecution. If not why has the EFCC not arrested and prosecuted countless Buhari appointees and APC stalwarts accused of corruption (Including the Thief of Staff Kyari)? If you can't address this question, then it is disgusting for anyone to rationalise prosecuting the Head of another Arm of government.

Please stop all these whataboutism, it is not helpful for building a society. If Buhari is shielding his friends and family today, he cannot be president forever. If he can help us get rid of some PDP thieves, the next President can help get rid of some Buhari's friends. But the bottom line is we are reducing the thieves in our midst, but to suggest that all thieves and criminals should be left alone because of whataboutism will eventually lead to anarchy.

lexy2014:


Is there anywhere in d constitution that gives d executive d powers& d right 2 "intervene" cos d NJC didn't treat petitions against judges?

Well for one thing, apart from the President, The VP, The Governor, The Deputy Governor, the rest DON'T enjoy immunity. So arresting a judge is well within the constitution.

But then the same constitution said its only the NJC that should handle disciplinary issues that concern judges.

So you see how the same constitution can be manipulated to play to one's tune.

PythonAmaka:
He can't be the judge of his own case..

I want Wike to go back to Channels and boast as he previously did.. No more judgement buying for PDP.


python amaka

what does the constitution says?

hedonistic:


Just how your so-called Buhari led FG and its institutions have shielded Buhari's people from prosecution. If not why has the EFCC not arrested and prosecuted countless Buhari appointees and APC stalwarts accused of corruption (Including the Thief of Staff Kyari)? If you can't address this question, then it is disgusting for anyone to rationalise prosecuting the Head of another Arm of government.

The crimes of the people you mentioned above does not absolve the CJN of his omission.

pryme:


Well for one thing, apart from the President, The VP, The Governor, The Deputy Governor, the rest DON'T enjoy immunity. So arresting a judge is well within the constitution.

But then the same constitution said its only the NJC that should handle disciplinary issues that concern judges.

So you see how the same constitution can be manipulated to play to one's tune.

If d constitution says its only d NJC that can discipline judges, then how's it constitutional 4d executive to arrest judges without d consent or approval of d NJC?

D constitution is straightforward & its not being manipulated. Its being disobeyed by d executive

5thElement:
And what if the NJC is incapacitated because of bias or corruption, what then happens?

The NJC is an institution. Insinuating that it may be "incapacitated" by bias or corruption brings us closer to the main reason why I would NEVER be comfortable with this whole charade.

If the NJC can be incapacitated by bias and corruption, what makes you think the prosecuting agencies (controlled by the executive, Buhari and his disgusting cabal) including the EFCC, office of the AGF, Police, etc are not even more predisposed to incapacitation by bias and corruption? Is that not why they have been unable to arrest and prosecute the likes of Abba Kyari, Grass cutter Lawal, and virtually any minister (can you imagine) and appointee of the Buhari government?

I'm not interested in the legal and constitutional arguments here about whether the CJN can be removed or how he should be removed. That's inconsequential at this point to me. I'm interested in the politics of it all. As long as the clearly compromised and biased executive and its institutions have been so far shielding its own people and only going after opposition figures, I will NEVER accept any stupid argument in favour of them investigating and prosecuting the CJN on whatever grounds. The CJN's fate shall be decided by the NJC, whether biased or not. Two wrongs would make two wrongs in this context, fair and square.

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

He will recuse himself. The law is the law.

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?

People are not just handed over to the EFCC and the CCB, petitions are filed against them with proofs of misconduct, then these commissions act on the petitions. That's what has been done in this case against the CJN, but Nigerians talk behind these people and expect them to be magically transported into jail cells. Even Buhari can't do that.

Point a foolish person to me and i will bet with you that he/she is an APC supporter.

naijaking1:


No, na you old age dey kill.
The judge is not NJC, even if he's head. There are other judges, even some who disagree with the judge in NJC. Procedures and protocols mean nothing to you, because you're tunnel visioned on rigging the up coming elections.

By brother you should have left him as an illiterate the way you found him on nairaland

lexy2014:


If d constitution says its only d NJC that can discipline judges , then how's it constitutional 4d executive to arrest judges without d consent or approval of d NJC?

D constitution is straightforward & its not being manipulated. Its being disobeyed by d executive

Discipline judges in his official capacity for official duties, not for every crime under the sun. If a judge should commit rape, murder or wife battery, you do not need the NJC to adjudicate before he can be arrested and tried.

lexy2014:


If d constitution says its only d NJC that can discipline judges, then how's it constitutional 4d executive to arrest judges without d consent or approval of d NJC?

D constitution is straightforward & its not being manipulated. Its being disobeyed by d executive

No, it's not.
A judge that commits a crime will be prosecuted immediately, this is what am trying to tell you about immunity, a sitting judge DOES NOT ENJOY IMMUNITY.

There are exceptions to due processes, and that includes even arresting a judge BECAUSE THEY DON'T ENJOY IMMUNITY.

hedonistic:

Osibanjo forwarded what? And so? The presidency does not have the liberty to pick and choose who would be CJN. It is merely duty bound to accept whosoever is put forward by the NJC, based on seniority. Don't come here and make it seem as if the short idiot of a fake pastor called Osibanjo did anything special.

It is called a recommendation, and if the executive doesn't agree to the choice of the NJC, the decision can be revised. It's similar to how the legislature has a say in the selection of the executive's cabinet. We aren't animals, there must be checks and balances in a government.

Kusetic:


People are not just handed over to the EFCC and the CCB, petitions are filed against them with proofs of misconduct, then these commissions act on the petitions. That's what has been done in this case against the CJN, but Nigerians talk behind these people and expect them to be magically transported into jail cells. Even Buhari can't do that.

But what happened 2d members of buharis executive like kemi adeosun& babachir? Y were their cases not treated with d same speed& vigour we are seeing in this case? Or there was no petition written against them? What of ganduje with video evidence? Did efcc need petition 4 that?

wirinet:


Discipline judges in his official capacity for official duties, not for every crime under the sun. If a judge should commit rape, murder or wife battery, you do not need the NJC to adjudicate before he can be arrested and tried.

Has onnoghen committed rape, murder or wife battery?

hedonistic:


The NJC is an institution. Insinuating that it may be "incapacitated" by bias or corruption brings us closer to the main reason why I would NEVER be comfortable with this whole charade.

If the NJC can be incapacitated by bias and corruption, what makes you think the prosecuting agencies (controlled by the executive, Buhari and his disgusting cabal) including the EFCC, office of the AGF, Police, etc are not even more predisposed to incapacitation by bias and corruption? Is that not why they have been unable to arrest and prosecute the likes of Abba Kyari, Grass cutter Lawal, and virtually any minister (can you imagine) and appointee of the Buhari government?

I'm not interested in the legal and constitutional arguments here about whether the CJN can be removed or how he should be removed. That's inconsequential at this point to me. I'm interested in the politics of it all. As long as the clearly compromised and biased executive and its institutions have been so far shielding its own people and only going after opposition figures, I will NEVER accept any stupid argument in favour of them investigating and prosecuting the CJN on whatever grounds. The CJN's fate shall be decided by the NJC, whether biased or not. Two wrongs would make two wrongs in this context, fair and square.

Wow, that's deep. You mean judges are next to God. Even the president and governors can be investigated, as Gani of blessed memory took the governor of lagos state over the issue. The judge ruled that presidents and governors can be investigated, but they cannot be prosecuted while in office because of constitutional immunity.

pryme:


No.

Same way the chief justice can judge himself (if that's what u call it)

lexy2014:


Has onnoghen committed rape, murder or wife battery?

I responding to you guys proposition that a judge cannot be tried for whatever crime, except after being declared guilty by the NJC.

lexy2014:


But what happened 2d members of buharis executive like kemi adeosun& babachir? Y were their cases not treated with d same speed& vigour we are seeing in this case? Or there was no petition written against them? What of ganduje with video evidence? Did efcc need petition 4 that?

Whataboutism - a rhetorical device that involves accusing others of offenses as a way of deflecting attention from one's own deeds.

lexy2014:


But what happened 2d members of buharis executive like kemi adeosun& babachir? Y were their cases not treated with d same speed& vigour we are seeing in this case? Or there was no petition written against them? What of ganduje with video evidence? Did efcc need petition 4 that?

Did anyone write a petition against kemi Adeosun? No, because no formal charges were brought against her, but she resigned from her position as a result of the issue. And Ganduje is a sitting governor with immunity granted by the Constitution, I want him prosecuted as well but that won't happen because of our own laws. And isn't babachir lawal's case in court? How is the delay of justice a problem of the executive? The judiciary is to blame for that.
P.s the EFCC will probably have opened an investigation into Ganduje's case but they don't need to tell you and I that. Wait until his tenure runs out.

pryme:


No, it's not.
A judge that commits a crime will be prosecuted immediately, this is what am trying to tell you about immunity, a sitting judge DOES NOT ENJOY IMMUNITY.

There are exceptions to due processes, and that includes even arresting a judge BECAUSE THEY DON'T ENJOY IMMUNITY.

Where in d constitution did u c that there are exceptions 2 due process? For u to say that there are exceptions 2 due process, means u agree that it is unconstitutional 4d executive 2 arrest judges. Now if u say there are exceptions 2 due process, y has d EFCC not arrested Ganduje despite damning evidence against him? Y didn't they wave due process?

4d fact that a judge doesn't enjoy immunity doesn't mean that d executive can arrest them like they did in port Harcourt. D constitution doesn't make provision 4 that. Going to the constitution, Section 153(1) (i) created the NJC, when it provided: “There shall be established for the Federation, the following bodies: inter alia National Judicial Council”. Section 158(1) provided, in the exercise of its power to make appointments or exercise disciplinary control over persons, the NJC shall not be subject to the directions or control of any other authority or person.

lexy2014:



Where in d constitution did u c that there are exceptions 2 due process? For u to say that there are exceptions 2 due process, means u agree that it is unconstitutional 4d executive 2 arrest judges. Now if u say there are exceptions 2 due process, y has d EFCC not arrested Ganduje despite damning evidence against him? Y didn't they wave due process?

4d fact that a judge doesn't enjoy immunity doesn't mean that d executive can arrest them like they did in port Harcourt. D constitution doesn't make provision 4 that. Going to the constitution, Section 153(1) (i) created the NJC, when it provided: “There shall be established for the Federation, the following bodies: inter alia National Judicial Council”. Section 158(1) provided, in the exercise of its power to make appointments or exercise disciplinary control over persons, the NJC shall not be subject to the directions or control of any other authority or person.

Please define disciplinary and then define crime and tell me if the two words mean the same thing.

The funny thing is that all of you praised GEJ when he went against NJC's recommendation and removed Justice Salami as president of Court of Appeal.

Judiciary have overlap by allowing president Buhari to rubbish rule of law and separation of powers in Nigeria. From the beginning of Buhari administration , he started to lambaste the legislature (Senate Presisent-Dr Bukola Saraki) but now, he wish to end his administration to rubbish judiciary (CJN) to rig election for his second term in office! Where is democracy in Nigeria? Fascist in democratic position!

Kusetic:


Did anyone write a petition against kemi Adeosun? No, because no formal charges were brought against her, but she resigned from her position as a result of the issue. And Ganduje is a sitting governor with immunity granted by the Constitution, I want him prosecuted as well but that won't happen because of our own laws. And isn't babachir lawal's case in court? How is the delay of justice a problem of the executive? The judiciary is to blame for that.
P.s the EFCC will probably have opened an investigation into Ganduje's case but they don't need to tell you and I that. Wait until his tenure runs out.

Oh u mean no one wrote petition against kemi? So how did d kemi issue come out? So because there was no petition that's y she wasn't tried? Then y did she resign? Immunity of a governor doesn't stop efcc from investigating. When EFCC froze accounts of Benue state, y did efcc announce it? When they were investigating fayose as governor, how did we all no?

NB: in d highlighted, are u saying no petition was written against kemi because no charges were brought against her?

A lot of contradictions in your write up.
You say you are stating 'facts' but facts can't be both yes and no.
You admit your perception of the referral to the CCB inconclusive but you labeled it under your facts.

The executive cannot replace judges willy nilly for obvious reasons; separation of power, CJN can only be removed by a panel of CJN's, like board of directors or senators setting up committees. The person beinganjiwa investigated has no prerogative to step down.

The problem with Buhari is he is overwhelmed with 'yes men' men and women who tells him he is above the law. The problem with this is we are dealing with an ex dictator. I advise caution to APC supporters.

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.

wirinet:


Please define disciplinary and then define crime and tell me if the two words mean the same thing.

Y don't u do d definition of both words and tell if they mean d same thing. How has whether they mean d same thing or different got 2do with what am talking about

lexy2014:



Where in d constitution did u c that there are exceptions 2 due process? For u to say that there are exceptions 2 due process, means u agree that it is unconstitutional 4d executive 2 arrest judges. Now if u say there are exceptions 2 due process, y has d EFCC not arrested Ganduje despite damning evidence against him? Y didn't they wave due process?

4d fact that a judge doesn't enjoy immunity doesn't mean that d executive can arrest them like they did in port Harcourt. D constitution doesn't make provision 4 that. Going to the constitution, Section 153(1) (i) created the NJC, when it provided: “There shall be established for the Federation, the following bodies: inter alia National Judicial Council”. Section 158(1) provided, in the exercise of its power to make appointments or exercise disciplinary control over persons, the NJC shall not be subject to the directions or control of any other authority or person.

Do judges enjoy immunity under the Nigerian constitution?

This is what I hate about law, too many Grey areas. Because people will interpret the constitution to back their argument.

For the fact you asked why a sitting governor has not been prosecuted tells how you see the constitution.

Am done arguing with someone that thinks a sitting Governor and a Judge should enjoy the same privileges

wirinet:


Whataboutism - a rhetorical device that involves accusing others of offenses as a way of deflecting attention from one's own deeds.

But at least u got d message which is what is good 4d goose, is good 4d gander. Fighting corruption shouldn't b selective

pryme:


Do judges enjoy immunity under the Nigerian constitution?

This is what I hate about law, too many Grey areas. Because people will interpret the constitution to back their argument.

For the fact you asked why a sitting governor has not been prosecuted tells how you see the constitution.

Am done arguing with someone that thinks a sitting Governor and a Judge should enjoy the same privileges

We aren't in disagreement as 2 who enjoys immunity and who doesn't enjoy immunity. D bone of contention is that despite d fact that judicial officers don't enjoy immunity, d constitution clearly states how they should b handled if they run foul of d law in d discharge of their duties as judicial officers. This is 2 ensure separation of powers& guarantee d independence of d judiciary. But when u now come& say there are exceptions 2 due process, how do u expect me to agree with u on that? That's y I asked u is there anywhere in d constitution that says there are exceptions 2 due process? Immunity against prosecution for sitting governors is due process. Going by ur argument, y has Ganduje not been prosecuted by EFCC using ur argument that "there are exceptions to due process?" If u support d executive waving due process cos of judges misdemeanor as it did in PH, then it should wave d same due process and direct EFCC to prosecute Ganduje. That will b seen as fairness& equity

hedonistic:


The NJC is an institution. Insinuating that it may be "incapacitated" by bias or corruption brings us closer to the main reason why I would NEVER be comfortable with this whole charade.

If the NJC can be incapacitated by bias and corruption, what makes you think the prosecuting agencies (controlled by the executive, Buhari and his disgusting cabal) including the EFCC, office of the AGF, Police, etc are not even more predisposed to incapacitation by bias and corruption? Is that not why they have been unable to arrest and prosecute the likes of Abba Kyari, Grass cutter Lawal, and virtually any minister (can you imagine) and appointee of the Buhari government?

I'm not interested in the legal and constitutional arguments here about whether the CJN can be removed or how he should be removed. That's inconsequential at this point to me. I'm interested in the politics of it all. As long as the clearly compromised and biased executive and its institutions have been so far shielding its own people and only going after opposition figures, I will NEVER accept any stupid argument in favour of them investigating and prosecuting the CJN on whatever grounds. The CJN's fate shall be decided by the NJC, whether biased or not. Two wrongs would make two wrongs in this context, fair and square.

And who heads the NJC? Isn't it the same CJN who is being investigated? How exactly do you expect the NJC to indict its own chair? Especially in a country where there aren't any institutions that can work unless there are powerful people to push the bureaucracy to work?

And that highlights the problem of Nigeria.

The Inspector General of Police needs the approval of the president before a minister can be investigated for fraud, a commissioner of police can not prosecute a local government chairman unless he gets permission from the state governor.

So tell me exactly how a Senate President can be arrested for corruption in this kind of society, exactly how the Chief Justice can be found guilty by the same organization he heads.

Everybody assumes that if the chief justice, a powerful man in his own right is being hounded by law enforcement for criminal act it must be on the orders of the president because even the national judicial commission can never touch him.

Nigeria can never grow with this kind of democracy where human beings are bigger than institutions.

If he is guilty he must be punished immediately. Otherwise other criminals will refer to this to delay or abort their own prosecution.