BERNIMOORE:

?
OP, the High court already has stopped the CCT, it will be abuse of court process if appeal court WITHOUT ALLOWING CCT TO OBEY THE HIGH COURT OR NOT NOW GIVE ITS OWN RULING, such ruling will stand on nothing because at this stage, NOTHING IS BEFORE THE APPEAL COURT, so lets wait till tommorrow 22nd, Then appeal court adjourned to 24th in your own post can Now decide, instead of reading and understand cases you guys would jump exegical holes out of ignorance, Kpelle

May be, you made sense to your co-wailers

odiks:
The Court of Appeal, Abuja Division, on Monday, declined the request by the Chief Justice of Nigeria, Justice Walter Onnoghen, to make an order stopping the Code of Conduct Tribunal from proceeding with his trial.

The Code of Conduct Tribunal had on January 14 fixed January 22 for hearing in the six counts of false assets declaration filed by the Code of Conduct Bureau against Justice Onnoghen.

The Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN), had also filed a motion asking for an order directing Onnoghen to step down as the CJN pending the conclusion of his planned trial before the CCT.

Two non-governmental organisations – Centre for Justice and Peace Initiative; and International Association of Students – had approached the Federal High Court in Abuja, praying for orders quashing the charges against the CJN.

In response to the NGOs, Justice Evelyn Maha of the Federal High Court, Abuja had issued two separate orders directing that status quo should be maintained in Justice Onnoghen’s case before the CCT.

In furtherance of the steps to stop Justice Onnoghen’s proposed arraignment before the CCT, his lawyers, led by Chief Adegnoyega Awomolo (SAN), went before the Court of Appeal to obtain another restraining order against the CCT.

Awomolo told a three-man Court of Appeal panel, led by Justice Abdu Aboki, that the restraining order was necessary to preserve the subject matter of the case at the CCT.

But Federal Government’s counsel, Emmanuel Omonuwa, said he was only served with the court process by Justice Onnoghen’s legal team on Monday morning and he needed at least three days to reply.

After a short deliberation among themselves, the three Justices of the appeal court declined granting Awomolo’s prayer to halt the CCT proceedings against the CJN.

“We are of the view that no form of order shall be made at his stage pending hearing of motion on notice adjourned till January 24,” the panel ruled.

For more visit

https://punchng.com/court-of-appeal-declines-onnoghens-request-to-stop-cct/

Onnoghen why are you running from court to court trying to stop your trial?

What are you afraid of?

Do you still realize the position you "occupy"?

How will a corrupt individual frolicking with politicians be a CJN of a country like Nigeria where big bag takes all judgement just as Wike has been able to bribe Judges against APC in Rivers.

docadams:


Is the High Court competent to stop CCT? Are they not courts of coordinateo jurisdiction?

The way I see it is that the high court is a senior brother that cannot give orders to CCT, a junior brother, since both of them get their orders from the court of appeal.

Joyrise:


How will a corrupt individual frolicking with politicians be a CJN of a country like Nigeria where big bag takes all judgement just as Wike has been able to bribe Judges against APC in Rivers.

Pele bro Onnogen will be CJN for a long time.

Didi2d:
Abeg, make Buhari government no dey arrest and charge anybody to court again, make Nigeria kuku turn to lawless country.
Any little indictment people go start to dey shout witch hunting, this country taya me self.

Abi o. If somebody, unfortunately, turned himself to a vigilante and start taking out all these corrupt people by himself like in those films people go come dey shout

bkool7:


There has to be exceptions for criminal matters

A judge can be a serial killer and claimed the police has no constitutional right to arrest nor prosecute him since the NJC has not investigated the matter.

Doesn't that sound absurd?

go amend the law naaa

PaChukwudi44:

FHC has already stopped the arraignment.The CJN will still not show up at the CCT tomorrow.

Then a bench warrant will be issued.

Politicians especially what we have today are all corrupt including President Buhari. (forget what they tell you or what they make you believe). There are no 'Angels' sent from heaven in politics.
Therefore, between moving forward and no movement at all, we must decide what we want. Forget stealing, they are all rogues, APC & PDP. What would eventually bring about a refined government is the involvement of the citizens in the running of government and holding their administrators to account for their actions or inactions. Between Buhari and Atiku, the difference is clear and crystal.
Atiku is our next president come hell or high waters...!!!!

Same high court stopped Gandollars from being investigated by the state house of assembly which is it's statutory function and up till now they never deemed it fit to appeal.
Even Buhari felt relieved by the lacuna from his statement that the house of assembly and court have relieved him of the burden.
No APC official or agent or supporter have ever spoken against the video or even chastised Gandollars despite the fact that the evidence of the video from last year till now.
Fast forward, the CJN case and within 24 hours of allegation, he's arraigned. Never has the code of conduct treated any case with supersonic speed.

Let me educate the uninformed on the procedure of the code of conduct.
First, the code of conduct bureau receives a petition and gets approval from the superior officer in charge at the office to investigate the petition. The case is assigned to an investigator just like the IPO to investigate the crux of the petition. Subsequently, the matter is investigated and the suspect is interviewed for his response to the matter.

If found wanting, the investigator submits his report to superior officer for approval to charge the case to the CCT. Once approval is given, the case is charged to the CCT with the defendant personally served. In the case of a personality like the CJN, the chairman of the CCB will definitely be aware before referal of the case to CCT. Let's be rational can all this process occur within 24 hours under normal Nigeria condition except their is a vested interest by the executive.

The NJC exist to protect the judiciary from harassment from the executive and maintain the diginity of the Judiciary. Just like you have in the police , defence and other security forces who conduct orderly room trial and court martial for their personnel who commit criminal offences before handing them over for civil prosecution despite the fact that the offence was committed in service uniform, you will never see a serving personnel been prosecuted. The person will have undergone orderly room trial and if found guilty dismissed from service before arraignment in the court.

So the judiciary is the third arm of government and just like Saraki who's the head of the second arm of government was prosecuted, he can't be forced to resign unless found guilty and even with that he has the right to appeal his case to the highest court.

Let's don't go far, as student, if the police require your attention for any case, they write to the school authorities to seek your release to them, they can't barge into the school to arrest you how much more a whole CJN.

The question now is has the executive fully declared their asset to extend of all their domiciliary acconts in dollars and pounds, can you mention any two ministers whose total amount in domiciliary acconts is known. Forget the president and VP half declaration. The only president to fully declare his assets in total of cash and properties is the late Musa Yardua.

Now with regards to FOI, the CCB chairman cleared stated it in public that the consent of the public official must be obtained before the asset declaration can be made public when questioned on the access to assess declaration of the executive. So was the consent of the CJN sought before the information was released to an ally of the president. Did the CCB investigate to discover the difference. What simply happened was that the CJN did not fully declare the asset the last time and has fully declared it now so what's exactly is the crime there. Just like president declared that he has a land in port Harcourt but does not know the location or size. If by the President wins the forthcoming election and declares the location and size of the land, is that not going be false declaration having earlier declared that he does not know the size location. Can then he be arraigned before the CCT since as claimed by the prosecution that it is a public official misconduct and not subject to the jurisdiction of the NJC.

The fallacy of the whole issue is the attempt to probe the salary account of the CJN from 2005 without probable cause or allegation all in a bid to indict him. For those not aware, apart from the salary of the judiciary, they are entitled to estacodes for conferences and vacation annually which they may choose not to exhaust all on spending and save the remaining. The estacode of the public officials per day range up to 1,000 dollars if ordinary local duty tour allowance is about 100 dollars based the previous exchange rate of 150 to dollar not this bastardised PMB induced rate of 360. I even know for a that the local government chairman's wife is entitled to half a million for monitoring the environmental sanitation every month. So you can imagine how much an appeallate judge can serve every year from 2005 to date if he's not living a flamboyant lifestyle and not a property monger.

Let's just reason logically, has anyone accused the CJN of bribe or misconduct or has the allocation the judiciary been to have been misappropriated?

The bad precedent been set is have a whole serving CJN to appear before a tribunal who is not up to a high court judge in hierarchy. It's like a repeat of CGS Lt General Diya appearing before Late Abacha CSO Major Mustapha over the phantom coup plot allegation.

The timing of the allegations close to election coupled with the refusal to confirm the CJN timely has shown the bias of the executive in this case.

Now looking at the position of the law, once the public official has admitted his mistake, he's too be issued a new form to update his assets declaration. The CCB is not to recommend to the CCT for prosecution once the official has admitted his error. It is only when he denies and contest the allegations that he can be prosecuted by the CCT just like Saraki who contested the allegations.

If the CCB suspect corruption then they should invite the ICPC or EFCC not the CCT to prosecute. The executive has short themselves in the foot by requesting for the removal of the CJN from NJC which their ultimate goal to appoint another CJN of northern extraction who will do their bidding for the election tribunals.

We need to protect the judiciary from the executive onslaught as the judiciary is the last hope of the common man. The executive tried with the national assembly and the same judiciary came to it's rescue. So everyone should join hands to fight this onslaught on the judiciary because if this onslaught on the CJN is sustained then this spell the death of our democracy.

BERNIMOORE:





?
OP, the High court already has stopped the CCT, it will be abuse of court process if appeal court WITHOUT ALLOWING CCT TO OBEY THE HIGH COURT OR NOT NOW GIVE ITS OWN RULING, such ruling will stand on nothing because at this stage, NOTHING IS BEFORE THE APPEAL COURT, so lets wait till tommorrow 22nd, Then appeal court adjourned to 24th in your own post can Now decide, instead of reading and understand cases you guys would jump exegical holes out of ignorance, Kpelle

ok

baralatie:

ok

High court has no power to stop the CCT since they are both courts of coordinate jurisdiction that's why the CCT sat today. The matter before the CCT is whether the court has the jurisdiction to hear the case and it must be first heard before the arraignment of the CJN. That's the position of the law.

Dootty:


High court has no power to stop the CCT since they are both courts of coordinate jurisdiction that's why the CCT sat today. The matter before the CCT is whether the court has the jurisdiction to hear the case and it must be first heard before the arraignment of the CJN. That's the position of the law.

na lie o!
jurisdiction to hear the case is different from hearing the case!
once it hears the case you can not challenge it jurisdiction no longer and the action of the cct will be defeated .no try that lie tactics o

PaChukwudi44:
Justice Sylvester Ngwuta, a Nigerian Supreme Court Judge on trial on charges of money laundering and passport fraud was freed on Friday by a Federal High Court sitting in Abuja.

Justice Ngwuta was among judicial officers whose houses were raided by operatives of Department of State Services in 2016.

He was subsequently arraigned in court on 13 counts charges of money laundering by the office of the Attorney General of the Federation.

Citing a previous ruling of Court of Appeal while dismissing the case, Justice John Tosho ruled that the pre-condition for instituting charges against a judicial officer were not met before Justice Ngwuta was brought to court.

The Lagos division of the court of appeal had in a ruling delivered on December 12, 2017 which was the ground for Justice Tosho’s Judgement, dismissed corruption charges instituted by the Economic and Financial Crimes Commission, EFCC against a serving judge on the basis that a serving judge could not be investigated or prosecuted without being first disciplined by the National Judicial Council.

Chief Kanu Agabi (SAN), who was Justice Ngwuta’s counsel argued that by virtue of the Court of Appeal's judgment, and the provision of section 158 subsection 1 and paragraph 21( of the third schedule of the constitution, the charges placed against his clients were incompetent.

He maintained that the complaints which formed the basis of the charges instituted against the Supreme Court judge should have been directed to the NJC which should have discipline Ngwuta, before the government can institute the charges.

http://saharareporters.com/2018/03/23/court-frees-supreme-court-justice-ngwuta-corruption-charges

In other words Judges now enjoy immunity just like the President and Governors

xjiggy:
Oga there are exceptions. Let me explain in lay man terms. If a judge in the course of doing his/her job is found to have been compromised (collect bribe), the matter can be referred to the NJC. If the judge happen to murder a person, the judge faces criminal charges. The CJN case is a deliberate act of fraud by concealment. He himself agreed to that fact. The questions we should be asking are
1. Why would the CJN of all people forget to declare his assets as stilpulated by the law.
2. Why is it that the assets he forgot to declare happens to be his Domiciliary accounts (Dollars, pounds and Euro accounts)
3. What is the CJN hiding in those account that made him forget to list them as assets but remembered to list his salary account
4. Is the CJN above the law? If no, why don't he allow the case to follow due course.

All the so called "Learned" people are trying to say is that the Judge is technically immune to prosecution as long as the matter has not been brought to the NJC (regardless of the offense), these same learned people will tell you in schools that it's only the President, Vp, Governors and Deputy Governors that have immunity.

This is how our elites are shielded by the same law that will sentence a man for stealing N5000 to death.

pryme:


All the so called "Learned" people are trying to say is that the Judge is technically immune to prosecution as long as the matter has not been brought to the NJC (regardless of the offense), these same learned people will tell you in schools that it's only the President, Vp, Governors and Deputy Governors that have immunity.

This is how our elites are shielded by the same law that will sentence a man for stealing N5000 to death.

The law is the law.No sentiments

pryme:


In other words Judges now enjoy immunity just like the President and Governors

it never said immunity.It said they cannot be prosecuted without recourse to the NJC.

PaChukwudi44:


it never said immunity.It said they cannot be prosecuted without recourse to the NJC.

Doesn't matter, it's still immunity from prosecution even if it's a criminal case.

What this means is if a sitting judge kills someone he will be allowed to walk away until the NJC says he could be investigated and prosecuted.

So is this the law you want us to observe?

pryme:


Doesn't matter, it's still immunity from prosecution even if it's a criminal case.

What this means is if a sitting judge kills someone he will be allowed to walk away until the NJC says he could be investigated and prosecuted.

So is this the law you want us to observe?

the constitution says if the president and vice president steal billion in bribes and kill some one they have immunity.
is it not the law that we use?

baralatie:

na lie o!
jurisdiction to hear the case is different from hearing the case!
once it hears the case you can not challenge it jurisdiction no longer and the action of the cct will be defeated .no try that lie tactics o

Seems you are not familiar with the administration of Justice Act. Once there is a challenge on the jurisdiction, the case cannot be held until the CCT rules on the jurisdiction and I'm which the defendant can appeal and until there's a ruling on the jurisdiction, the main case cannot be held. Seems like u have forgotten that the same process played out in Saraki's case.
Let wait and see what happens at the next hearing.

baralatie:

the constitution says if the president and vice president steal billion in bribes and kill some one they have immunity.
is it not the law that we use?

Yes, but the law we use don't give immunity no one else outside the President, Vp, Governors and Deputy Governors.

A sitting Judge does not enjoy immunity like those mentioned above.

pryme:


Yes, but the law we use don't give immunity no one else outside the President, Vp, Governors and Deputy Governors.

A sitting Judge does not enjoy immunity like those mentioned above.

The same constitution says judges can't be tried without recourse to the NJC.What is your problem with that?

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PaChukwudi44:

The same constitution says judges can't be tried without recourse to the NJC.What is your problem with that?

And what does the constitution say about erring public servants that are found to have committed fraud, you don't take this NJC as an excuse, if a sitting Judge commits a crime outside the scope of him/her performing their duties, such judge will be arrested and prosecuted, because the same constitution empowers the law enforcement agencies to do that to anyone, and I mean anyone and that includes your precious judges.

Don't try to play smart all in the name of constitution.
It's people like you that will aid an arm robber to take their victims to court and win because of the so called technicalities in law.

I pray you don't have something that is rightfully yours taken from you by a corrupt judge in broad DAYLIGHT with the way you are interpreting the CFRN.

pryme:


And what does the constitution say about erring public servants that are found to have committed fraud, you don't take this NJC as an excuse, if a sitting Judge commits a crime outside the scope of him/her performing their duties, such judge will be arrested and prosecuted, because the same constitution empowers the law enforcement agencies to do that to anyone, and I mean anyone and that includes your precious judges.

Don't try to play smart all in the name of constitution.
It's people like you that will aid an arm robber to take their victims to court and win because of the so called technicalities in law.

I pray you don't have something that is rightfully yours taken from you by a corrupt judge in broad DAYLIGHT with the way you are interpreting the CFRN.

Bros the law says a serving judicial officer cannot be prosecuted for any offence including murder without recourse to the NJC.That is the position of the law.

pryme:


And what does the constitution say about erring public servants that are found to have committed fraud, you don't take this NJC as an excuse, if a sitting Judge commits a crime outside the scope of him/her performing their duties, such judge will be arrested and prosecuted, because the same constitution empowers the law enforcement agencies to do that to anyone, and I mean anyone and that includes your precious judges.

Don't try to play smart all in the name of constitution.
It's people like you that will aid an arm robber to take their victims to court and win because of the so called technicalities in law.

I pray you don't have something that is rightfully yours taken from you by a corrupt judge in broad DAYLIGHT with the way you are interpreting the CFRN.

Bros the law says a serving judicial officer cannot be prosecuted for any offence including murder without recourse to the NJC.That is the position of the law.

If a judge is corrupt and you have your facts report him to the NJC.Why is that so difficult for you to understand.

PaChukwudi44:

Bros the law says a serving judicial officer cannot be prosecuted for any offence including murder without recourse to the NJC.That is the position of the law.

Tell this to the fishes.
And I thought I was arguing with someone that has a clue.