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Does The President Have The Constitutional Power To Suspend The Chief Justice? - Politics (6) - Nairaland

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Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by REUB2: 6:43pm On Jan 25, 2019
buhari supporters are most wicked people on earth

3 Likes

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by BRIGHT180(m): 6:43pm On Jan 25, 2019
Jaqenhghar:
Yes he does. Thats how it works
The executive checks the judiciary
The judiciary checks the legislature
The legislature checks the executive
Not at all they are all checks to one another for example to legally remove the CJN you need the legislative arm 2/3 and the executive

2 Likes

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by deomelo: 6:44pm On Jan 25, 2019
Soulmender:


There's no correlation between the two events... The office of CJN can not be compared to that of CBN governor.




(f) is removed by the President:
Provided that the removal of the Governor shall be supported by two-thirds majority of the Senate praying that he be so removed (emphasis supplied).



https://www.legalnaija.com/2014/02/law-on-removal-of-cbn-governor.html



I don't remember Jona waiting for the support of two-thirds majority of the Senate before removing SLS.
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Nobody: 6:44pm 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:



there is an absolute difference between removal & suspension. cjn by constitution was to step aside upon indiction & recommendation from an investigation panel , but obviously that wonnt happen becos walter showed nigerians yesterday that his own trial & fate is in his hands
the judiciary acting like cultist in the pass few days only compromised there fairness, cjn walter made matter worst postponing 88th NJC meeting.
Walter as no constitutional right to stall his own trial but he did with impunity ... remember no one is above law the FG save the day from such misconduct happening again.

3 Likes

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Wantedmiller: 6:44pm On Jan 25, 2019
Mujtahida:
we are officially under a dictatorship.

i pity southerners who think this is about fighting corruption. my God!a more dense people i have never seen!

You that knows what the CCT said...... please let the house know.

Because you are present there
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Mbediogu(m): 6:45pm On Jan 25, 2019
The two ways of achieving a national objective -by law or by force. Either way the Hausa Fulanis have it. issorite.
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by shadeyinka(m): 6:45pm On Jan 25, 2019
helinues:
Yes he does. If you can appoint , you can fire


Though not supporting this wuru wuru
It simply means that if the the President does not like any of his appointees all he needs to do is to accuse him of an offence and before he is pronounced as guilty, he is declared fired all the same.

What is wrong with our justice system that you are innocent until proven guilty

2 Likes

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by penearth(m): 6:45pm On Jan 25, 2019
YES, YES YES the constitution says: except he CONTRAVENE THE CODE OF CONDUCT, WHICH HE DID

2 Likes

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Nobody: 6:46pm 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.

When Goodluck Jonathan suspended Justice Salami and the AGF supported his action did heavens fall?

That action by Jonathan essentially rendered the suspension of a federal Judge by the President a law by precedence and Buhari has taken a cue from that legal precedence.

This is the law and there is absolutely nothing anybody can do about it
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by AllenSpencer: 6:46pm On Jan 25, 2019
Tetehjewels:


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


You are brilliant.

If I had a lawyer like you as a brother, I will be beating people up on Nairaland daily knowing I will get out of it when we get to the court.

Your points are so intact
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by homegirl1: 6:46pm On Jan 25, 2019
Can Onnoghen fight this fight by ignoring this guy and continue his work as the CJN. Nigeria is doomed already. Such a despot leader without an iota of conscience. Tufiakwa

4 Likes

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by linearity: 6:47pm 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.

CJN is not a carbinet level position as CBN.

It is one of the three co-equal branch of government.

He clearly can’t suspend or remove the CJN without 2/3 vote in the Senate.

4 Likes

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by nelxxy(m): 6:48pm On Jan 25, 2019
chinedumoooo:
Is an appointment post not elected,the president appoint and also has the right to sack or fire him.
and who told you that buhari appointed cjn and also has the Right to sack or fire

4 Likes

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by baralatie(m): 6:48pm On Jan 25, 2019
wellmax:
3021399430
please go and read Section 11 of the Interpretation Act, Cap 123, Vol. 8, LFN, 2004, you will see the answer to your question. The president can suspend the CJN indefinitely. What happened when Jonathan suspended Justice Ayo Salami then?

"Act" means an Act of the National Assembly whether passed before or after the commencement of this Act, and includes this Act and an instrument made before the first day of October, 1960, in so far as the instrument has effect as an Act;

and there is no why in this act that says the president can remove or suspend the CJN without the nod of 2/3 senate.recommendations of the NJC

3 Likes

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by slimghost(m): 6:49pm 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

Keep shut!. Nothing like suspension in our constitution. The tyrant has done enough, this is time to call him to other.

5 Likes

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by AllenSpencer: 6:50pm On Jan 25, 2019
shadeyinka:

It simply means that if the the President does not like any of his appointees all he needs to do is to accuse him of an offence and before he is pronounced as guilty, he is declared fired all the same.

What is wrong with our justice system that you are innocent until proven guilty


The topic is far more matured than you. Keep shut if you can't table points constructively.


You laying points out like Ede Polytechnic student.
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by helinues: 6:51pm On Jan 25, 2019
shadeyinka:

It simply means that if the the President does not like any of his appointees all he needs to do is to accuse him of an offence and before he is pronounced as guilty, he is declared fired all the same.

What is wrong with our justice system that you are innocent until proven guilty

This is a power play between FG and Judges. They are probably frustrating corruption cases.

Something FG should have done long time

2 Likes

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Born2Breed(f): 6:52pm On Jan 25, 2019
The controversial suspension of the Chief Justice of Nigeria, Walter Onnoghen, by President Muhammadu Buhari has continued to elicit mixed reactions.

In removing Mr Onnoghen, Mr Buhari claimed he acted based on a Code of Conduct Tribunal order.

Many Nigerians, however, believe the president has no such powers to remove a CJN from office.

Section 292 of the Nigerian constitution deals with the removal of some public officials including the CJN. The section does not distinguish temporary removal (suspension) from a permanent removal (sack).

Below is the law as reproduced verbatim from the constitution

“A judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances –

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(a) in the case of –

“Chief Justice of Nigeria, President of the Court of Appeal, Chief Judge of the Federal High Court, Chief Judge of the High Court of the Federal Capital Territory, Abuja, Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja and President, Customary Court of Appeal of the Federal Capital Territory, Abuja, by the President acting on an address supported by two-thirds majority of the Senate.”

(ii) Chief Judge of a State, Grand Kadi of a Sharia Court of Appeal or President of a Customary Court of Appeal of a State, by the Governor acting on an address supported by two-thirds majority of the House of Assembly of the State,

Praying that he be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct;

(b) in any case, other than those to which paragraph (a) of this subsection applies, by the President or, as the case may be, the Governor acting on the recommendation of the National Judicial Council that the judicial officer be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct.

In other words, a sitting CJN can only be removed from office by the president after at least two-thirds majority members of the Senate support such a move. No such matter has been debated in the Senate.

1 Like

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Nobody: 6:52pm On Jan 25, 2019
linearity:


CJN is not a carbinet level position as CBN.

It is one of the three co-equal branch of government.

He clearly can’t suspend or remove the CJN without 2/3 vote in the Senate.

The law says REMOVE and not SUSPEND.

Stop assuming both mean the same thing.

Buhari as President can suspend single handedly but he cannot REMOVE singlehandedly.

Plus let me teach you today since all your years you have been ignorant of this fact.

THE THREE ARMS OF GOVERNMENT ARE NOT CO-EQUAL.

THE EXECUTIVE COMES FIRST AND IS ABOVE THE OTHER TWO
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by AllenSpencer: 6:52pm On Jan 25, 2019
slimghost:


Keep shut!. Nothing like suspension in our constitution The tyrant has done enough, this is time to call him to other.


Why are you shooting yourself in the leg. If it's not provisioned, then Buhari's move is valid.
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by tiwasiaife(m): 6:53pm 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.


on the recommendation of jcn that gej acted.

1 Like

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by AllenSpencer: 6:54pm On Jan 25, 2019
Tetehjewels:


The law says REMOVE and not SUSPEND.

Stop assuming both mean the same thing.

Buhari as President can suspend single handedly but he cannot REMOVE singlehandedly.

Plus let me teach you today since all your years you have been ignorant of this fact.

THE THREE ARMS OF GOVERNMENT ARE NOT CO-EQUAL.

THE EXECUTIVE COMES FIRST AND IS ABOVE THE OTHER TWO


Am feeling you


Fire them all constructively.


You a genius.

2 Likes

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Akpuoru: 6:55pm On Jan 25, 2019
High powered political game beyond what we see or hear. This game will involve the CJN playing a crucial role, you can call him an ACE in this duel. One has observed the move by the other, he has to attack or be attacked because it is a fight to finish.
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by banquetking: 6:56pm On Jan 25, 2019
Permit me to school you a bit my dear friend. There is what is known as rules of interpretation. E.g the literal, golden and mischief rule.

The mischief rule acts primarily as a safeguard against flagrant abuse of powers or in cases where there's no provision of a rule against an act.

Now the constitution on its own doesn't in anyway provide for the suspension of the CJN by the president but the the law expressly grants that power to suspend strictly to the NJC.

Bringing it to home, it can be deduced that even if the president intended to act in any capacity against the CJN which in this case is suspension, although not provided for by the constitution, an understanding of the mischief rule (the reason for the creation of the statute) should tell him and his officials that he cannot act alone without a resort to either of the prescribed offices of the national assembly or the NJC.


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.

2 Likes

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by MYGRATEskillz(m): 6:56pm On Jan 25, 2019
Vickthore:

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

true however, contravening a constitutional provision because you feel you have the power to is more autocratic than democratic.

1 Like

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by saintandsinnerz: 6:56pm On Jan 25, 2019
helinues:
Yes he does. If you can appoint , you can fire


Though not supporting this wuru wuru
Are dull or what? Can't you read what you posted? Where in what you posted was it stated that the president can remove the cjn without njc recommendation?

1 Like

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by MYGRATEskillz(m): 7:00pm On Jan 25, 2019
banquetking:
Permit me to school you a bit my dear friend. There is what is known as rules of interpretation. E.g the literal, golden and mischief rule.

The mischief rule acts primarily as a safeguard against flagrant abuse of powers or in cases where there's no provision of a rule against an act.

Now the constitution on its own doesn't in anyway provide for the suspension of the CJN by the president but the the law expressly grants that power to suspend strictly to the NJC.

Bringing it to home, it can be deduced that even if the president intended to act in any capacity against the CJN which in this case is suspension, although not provided for by the constitution, an understanding of the mischief rule (the reason for the creation of the statute) should tell him and his officials that he cannot act alone without a resort to either of the prescribed offices of the national assembly or the NJC.



need i remind you that the president is neither the judiciary nor a court official to interpret the provisions of the law. he is solely to execute.
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Mujtahida: 7:00pm On Jan 25, 2019
Wantedmiller:


You that knows what the CCT said...... please let the house know.

Because you are present there
i just saw an interim order dated 23rd issued by the CCT chairman.

1 Like

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Nobody: 7:03pm On Jan 25, 2019
banquetking:
Permit me to school you a bit my dear friend. There is what is known as rules of interpretation. E.g the literal, golden and mischief rule.

The mischief rule acts primarily as a safeguard against flagrant abuse of powers or in cases where there's no provision of a rule against an act.

Now the constitution on its own doesn't in anyway provide for the suspension of the CJN by the president but the the law expressly grants that power to suspend strictly to the NJC.

Bringing it to home, it can be deduced that even if the president intended to act in any capacity against the CJN which in this case is suspension, although not provided for by the constitution, an understanding of the mischief rule (the reason for the creation of the statute) should tell him and his officials that he cannot act alone without a resort to either of the prescribed offices of the national assembly or the NJC.



Let me school you a bit.

In law there are legal precedence to much of what the judiciary accepts ad legal positions on issues or arguments.

Goodluck Ebele Jonathan gave a legal precedence when he suspended Justice Salami and was backed by the AGF and this was recognized and nobody grumbled even in the slightest.

This same precedence has been borrowed by Buhari in a case involving the CJN who by the honorable profession should have stepped aside pending the outcome of his CCT case but he rather chose the path of Judicial rascality by suspending the meeting of the NJC till further notice and then wanting to go ahead and swear in the electoral tribunal members.

That is Judicial rascality in all ramification and since the law is silent about the suspension of the CJN, the executive reserves the right to suspend him by law via an executive order which is what buhari has done.

Let that sink in

2 Likes

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Gdiz(m): 7:03pm On Jan 25, 2019
Get informed

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