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Does The President Have The Constitutional Power To Suspend The Chief Justice? - Politics (5) - Nairaland

Nairaland Forum / Nairaland / General / Politics / Does The President Have The Constitutional Power To Suspend The Chief Justice? (48236 Views)

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Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Nobody: 6:35pm On Jan 25, 2019
nameo:


Don't be silly. Did you read the part of constitution in the OP.

Or you have another constitution we dont know about.

Even for contravention of code of co duct, the constitution is CLEAR on how the CJN can be removed.

By the way, the President only appoints upon the recommendation of the NJC. The same body the constitution clearly says has the power to recommend a removal or suspension.

He was SUSPENDED and not REMOVED. Learn the difference and stop being silly

1 Like 1 Share

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Akainzo(m): 6:35pm On Jan 25, 2019
socialmediaman:
Does the President have the power to suspend the Chief Justice of Nigeria? Does the president have the exclusive right to hire and fire without constitutional provisions to be fulfilled?

Here is what the constitution says:

just like in the case of Justice Ayo Salami and then CBN Governor, Sanusi, which the law stipulates that the President cannot remove without the approval of the Senate, the past administration under Goodluck successfully SUSPENDED both and was backed by the Attorney General of the federation, The Chief Justice of the Federation and the NASS Leadership that "Suspension" is NOT THE SAME as" Removal"!

So let anyone complaining take a cue from the above.

Yes, the President has no powers to remove the CJN, but the Constitution does not say the President cannot suspend the CJN.

7 Likes 1 Share

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by ehix89(m): 6:35pm On Jan 25, 2019
Buhari is loosing ground in the forth coming election as each day unfolds, he is not oblivious of this fact, therefore he is employing desperate measure to rig it. This isn't only stupid but could throw our already deplorable nation into a state of comatose.

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Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Emmanuel226(m): 6:36pm On Jan 25, 2019
please lawyers and law students should come in oh
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by farem: 6:36pm On Jan 25, 2019
frankmoney:
under what law pls ?

Don't embarrass the illiterate, he just open his mouth to follow what other are saying.
He can't even spell CONSTITUTION correctly!
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Newman224: 6:36pm On Jan 25, 2019
I weep for this entity called Nigeria

1 Like

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Mujtahida: 6:36pm On Jan 25, 2019
magzey:

GARARAHIA just because you read only Naira Land post grin grin grin

i know i am conversing with an unthinking fool.
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Ibrahimanis: 6:36pm On Jan 25, 2019
If you guys will leave Nairaland for a minute and read the "real" report, you will discover that the CCT ordered the president to suspend the CJ. The president does not have the right to meddle in judiciary affairs.

1 Like

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by sagaloo: 6:36pm On Jan 25, 2019
It's Suspension NOT removal. GEJ did the same. Remember Justice Salami.
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Dee60: 6:36pm On Jan 25, 2019
semyman:
The CJN cancelled the scheduled meeting of the NJC ad infinitum, the national assembly suspended all plenaries till after the elections, so you want to turn Buhari to what?

To respect the constitution he swore to uphold!
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by aremu1965: 6:37pm On Jan 25, 2019
When Justice Salami was suspended as The Head of Federal Appeal Court by GEJ and was investigated and found not guilty, GEJ was asked to re instate him and he refused. Mo one cry biue murder. The CJN admitted he had 55 houses , thousands of DOLLARS, POUNDS and EURO accounts and forgot to declare it. You want such person to still remain as CJN . Tufiaka/ Kemi Adeosun and DAura did not do up to these before they left office

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Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Vickthore: 6:37pm On Jan 25, 2019
MYGRATEskillz:
this is a breach on the independence of the judiciary and a slap on our democracy. the president is not suppose to be vested with the power to appoint and remove the CJN to begin with. the executive have no affair playing puppet master to the third arm of government as (he who pays the piper dictates the tune) what we see playing out right now is the concomitant effect.
A beg , democracy is not absolute, we need a bit of democracy and a bit of autocracy
After all, d fasted growing economy in d world is not practicing democracy

3 Likes

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by ChimaAgbalajob: 6:37pm On Jan 25, 2019
It is now very clear that Buhari had no intentions whatsoever to conduct a free and fair elections, nor respect the wishes of Nigerians expressed through the ballot box. Times of fearful trepidation has returned to Nigeria. The worst fears of Nigerians have been confirmed to indeed be true.

With the current circle of illegality and desperation by the Executive arm of government to rig the 2019 elections and manipulate the Judiciary, it has become urgent to save lives and postpone the election to avoid the impending violence.

Going by the current play book which has already been test run in the Ekiti and Osun elections, the results of the Presidential elections has already been written by Buhari and will be handed to INEC to announce on February 17th.

The consequence of such rape of democracy and the current lack of confidence in the Judiciary will result in massive protests and loss of lives as the security forces will be deployed to kill innocent citizens protesting the rape of democracy.

In the light of these, all well meaning Nigerians, leaders of religious organizations and other leaders of thought must now work for the postponement of the elections to save lives and indeed save Nigerian democracy. Nigeria has indeed been ushered into another dark era of sham elections by undemocratic forces determined to remain in power despite the will of Nigerians.

5 Likes

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by somziency: 6:37pm On Jan 25, 2019
Tetehjewels:


Will you shut up and stop adding what is not found in the law.

The law was specific when it declared what buhari needed to do in terms of REMOVING the CJN.

However that law said nothing about SUSPENSION.

A suspension is not a removal. Under law those are two different things.

Can you have CJN and acting CJN? Stop yaning opata abegi!

He is still the CJN but on suspension. While an Interim CJN would take his place pending the outcome of his case at CCT.

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by JOMAX: 6:37pm On Jan 25, 2019
helinues:
Yes he does. If you can appoint , you can fire


Though not supporting this wuru wuru

Say what!
Did the appointment not seek and get the constitutional approval of the legislature?
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by UyiIredia(m): 6:37pm On Jan 25, 2019
THUNDER MUST FIRE Gbawe WHEREVER HE IS. Shey na d nonsense wey e don advertise abi. SEE WETIN THIS YORUBAS CAUSE. Bleep JAGABAN!

3 Likes

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Nobody: 6:39pm On Jan 25, 2019
discusant:


He has no right to suspend the CJN.

Where was procedure for Suspension of the CJN mentioned in the Constitution?

The Executive, Judiciary and Legislative arms of govt are the three arms of govt.

The Judiciary cannot suspend the President.

The constitution only gave provision for REMOVAL AND NOT SUSPENSION.

The executive is the highest arm of government and the executive can formulate laws via executive orders without the input of the Judiciary or legislature.

The President has the right to suspend. Besides a precedence has already been set in this regard by Jonathan under PDP when he suspended Justice Salami. Based on this, the law balances itself out

4 Likes 1 Share

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by naijainstinct: 6:39pm On Jan 25, 2019
BruncleZuma:
Let the country burn ...we have all tried fellow Nigerians.
I fear for the coming days

1 Like 1 Share

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by linearity: 6:39pm On Jan 25, 2019
helinues:
Yes he does. If you can appoint , you can fire


Though not supporting this wuru wuru

He can’t appoint.... he essentially recommends and 2/3 of Senate appoints, same with firing,

The CJN is a co-equal branch with the Presidency and there is checks and balance in the constitution regarding the independence of the three co-equal branch of government.

1 Like

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by somziency: 6:40pm On Jan 25, 2019
Tetehjewels:


Will you shut up and stop adding what is not found in the law.

The law was specific when it declared what buhari needed to do in terms of REMOVING the CJN.

However that law said nothing about SUSPENSION.

A suspension is not a removal. Under law those are two different things.

He is still the CJN but on suspension. While an Interim CJN would take his place pending the outcome of his case at CCT.


So you will have CJN and acting CJN in Nigeria at the same time? The constitution never mentioned anything like suspension, so why bring it in? This is illegality of the highest order.

3 Likes 1 Share

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by martowskin1(m): 6:40pm On Jan 25, 2019
Binikingdowm:
No

I hope groundnut pyramid can feed the north because their terrorist leader is trying to provoke their source of living.

The better south ain't taking this rubbish.

U blame them?

Na good luck when reach there go dey do like woman.... The guy no do like south-south at all he misrepresent

Na Nigeria be this, rig the election, no body go fit talk, maximum 2weeks them go run to ur good side looking for appointment

He allow this guy take power, see am na, him just dey monopolize all the appointment ...

1 Like

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by fergie001: 6:40pm On Jan 25, 2019
MT:
Yes he does. The president can SUSPEND but he cannot REMOVE. A case of Jonathan "suspending" the then CBN governor , Lamido Sanusi readily comes to mind. Also, Jonathan "suspending" Ayo Salami.
The NJC recommended Salami's.....
But does the presidentia have that power in the face of a subsisting court judgement?

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Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Dee60: 6:40pm On Jan 25, 2019
Interesting.

When Salami was suspended by Jonathan, Onoghen and others looked away.

The same cutlass has now been wielded on Onoghen....

We await the reactions from experts....as usual, its gong to be sharply divided. The law is an ass.

1 Like

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by emmyxtacy: 6:41pm On Jan 25, 2019
helinues:
Yes he does. If you can appoint , you can fire


Though not supporting this wuru wuru
my dear, he does not. Just think of it, do u think buhari will be running in circles to remove the CJN if he had the constitutional powers to suspend him?

2 Likes 1 Share

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Lumig: 6:41pm On Jan 25, 2019
I read it's a ruling by the CCT that is to be carried out by the FG

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Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by JOMAX: 6:41pm On Jan 25, 2019
Ozkar:
It's outright disregard for separation of power.

They aren't even bothering to hide their determination to oust the CJN before he appoints tribunal judges. Suspend the CJN who wouldn't bend to your wishes, and put Buhari's kin who would then install judges who would in turn rape justice after APC rigs the election and the results are contested.

In saner climes, this ought to spark a revolution.

I swear down, GEJ was a better man and a better Nigerian than this senile illiterate tyrant. It's unfortunate the majority of Nigerians are cowardly and either shortsighted or plain stupid.

Shame on all of you that have sold your consciences and the future of Nigeria.

BUHARI CAN NEVER DO WHAT JONA DID.
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by AllenSpencer: 6:41pm On Jan 25, 2019
gidgiddy:
He has no ppwers to remove tge CJN, but he may have powers to sysoend him.

Suspension and removal are two different things


You are the most brilliant on this thread.


Alaba international boys just yarning Opata

1 Like

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by ollah2: 6:42pm On Jan 25, 2019
Nigerians love crying, ranting and full of hypocrisy

OBJ sacked truckload of people. You didn't shout
GEJ did the exact same thing, y'all didn't shout


But PMB is a tyrant for doing what his predessesors did while they are saints

6 Likes 2 Shares

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Lexusgs430: 6:42pm On Jan 25, 2019
socialmediaman:
Does the President have the power to suspend the Chief Justice of Nigeria? Does the president have the exclusive right to hire and fire without constitutional provisions to be fulfilled?

Here is what the constitution says:



So in conclusion?.....
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Nobody: 6:42pm On Jan 25, 2019
See blood everywhere!

As wailing and gnashing of teeth continues grin

1 Like

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Jonadull: 6:43pm On Jan 25, 2019
somziency:


So you will have CJN and acting CJN in Nigeria at the same time? The constitution never mentioned anything like suspension, so why bring it in. This is illegality of the highest order.
Why didn’t you address the “illegality” when GEJ suspended Salami ?
Mugun
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by emmirich11(m): 6:43pm On Jan 25, 2019
Toosure70:
This is an impeachable offence.
under which law. he can suspend him but cannot remove him

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