@POLITICSNGR

The suspension of the Chief Justice of Nigeria, Walter Nkanu Onnoghen has elicited a lot of reactions from Nigerians today with many contesting that it was against the law and some others saying otherwise.

PoliticsNGR has now gone into the law books to examine what the constitution stipulates on the Removal of the Chief Justice of Nigeria. Surprisingly, the Law make no clear distinction between the removal and Suspension of the CJN as both terms have very different meanings.

We gathered that Section (292) of the Nigerian constitution expantiates on the removal of certain public officials including the CJN. However, there is no distinction between a suspension and permanent removal.

It States;

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

(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."

Thus, a serving Chief Justice of Nigeria can only be removed from office by the president after at least two-thirds majority members of the Senate declare support for the move, but in this case, it is a suspension.

https://politicsngr.com/law-stipulates-removal-chief-justice-nigeria/

First to comment
Like for buhari
Share for CJN

1

This is pure illegality and a bad precedence.
What has been done amount to the executive stifling the judiciary. I am baffled that a learned scholar like Tanko Muhhamed did not see it fit to educate the president on the position of the Nigerian constitution. It shows he lacks the dignity, integrity and moral character needed in a CJN

The laws are clear and the tyrant cannot be greater than the law.

Suspending the CJN implies removing him from office and stopping him from carrying out his functions.

Buhari's latest unconstitutional antics will not stand and have once more made mockery of himself.

Tanko Mohamed will be treated as an impostor by the judiciary therefore null and void.

suspension.... Is a political gimmick... We know what the underlying intention is...

You see this country is a comedy central just that this types of jokes are very very expensive...

.


Don't get it twisted.

Only the NJC can suspend a judicial officer.

Many pushing this narrative are closet Buharists. Don't be like them.

Nigeria will win

Posterity will judge.

If Buhari is lucky he'll still be president by Monday.

The man is a gonner and all those who ally with him.

No protests, no fuss, watch and see. This particular battle has already been won.

Buhari thought he could get us to play into his hands by this move and by mass protests which they will respond with force and postponed elections (Ozekhome chill please) ashay ashay na him carry him hand snap d gauntlet wey go pieces am.


.

Buhari believes in the rule of law, he is a law abiding citizen. He was ordered by the CCT to suspend Ononghen.
The CCT on Wednesday, ordered Buhari to suspend Ononghen pending the outcome of the case.

God bless Buhari for his respect for the rule of law.

Technically, the CJN has only been suspended not removed. He should go defend himself against the corruption allegations levelled against him, and if found not guilty he can get back his erstwhile position. Being CJN is not his father's property.

Still not cool... The suspension is illegal.

The law is sacrosanct.

A

Nigerians,arise and protect democracy

What is suspension and what is removal? Do both not prevent him from carrying the functions of his office? So who's the substantive CJN now?

I am interested to know what the vp has to say about that. Shameless SAN.

The CJN has been barred from the discharge of his office and people are busy debating the meaning of suspension and removal.

Dictatorship has birthed our shores

Buhari suspends CJN? Where did he get such powers? How? What is the senate saying about this? We the people cannot allow this nonsense to happen! NEVER!

ONE Sudenese or whoever he is cannot come from hell and scatter our country for us...Never!!

Ok

stephanie11:
@POLITICSNGR

The suspension of the Chief Justice of Nigeria, Walter Nkanu Onnoghen has elicited a lot of reactions from Nigerians today with many contesting that it was against the law and some others saying otherwise.

PoliticsNGR has now gone into the law books to examine what the constitution stipulates on the Removal of the Chief Justice of Nigeria. Surprisingly, the Law make no clear distinction between the removal and Suspension of the CJN as both terms have very different meanings.

We gathered that Section (292) of the Nigerian constitution expantiates on the removal of certain public officials including the CJN. However, there is no distinction between a suspension and permanent removal.

It States;

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

(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."

Thus, a serving Chief Justice of Nigeria can only be removed from office by the president after at least two-thirds majority members of the Senate declare support for the move, but in this case, it is a suspension.


https://politicsngr.com/law-stipulates-removal-chief-justice-nigeria/

shut up. What power does he have to suspend him and appoint someone else in his stead? where is he deriving that power from?

What is a suspension when someone else has already taken over his office? Or you think you can confuse us with some fancy words?

Let’s go der

We are going to have a bigger problem in Nigeria if our mentality persist in this manner.

The former CJN(Walter) never denied the fact that he is corrupt just because of tribalism, Igbos are defending the man up and down. The man should have resigned honourably just like Kemi Adeosun did when he was accused of certificate forgery.

The same igbos and southern Christians were happy and celebrating Kemi Adeosun resignation not knowing that what goes around comes around.

What a double standard!

Onnoghen should have saved himself all these embarrassment by stepping aside earlier. I guess no more honour in the land. God bless you Baba Buhari

Ok

Politicians really know how to use words to confuse us. So they did not remove him. They only suspended him. AKA They did not delete him, they only moved him to the Recycle bin.

Let's agree Buhari was right to remove onnoghen, under which law did he use to appoint Tanko? is NJC aware? Buhari is just a disgusting tyrant

Hmmmm. I'm just watching

Someone should just give this man his Khaki back and let us know we're fully back into the military regime
Shouldn't the professor of law know better?

Every right thinking Nigeria wants the CJN prosecuted for this alleged crime but why the urgency and resort to self help by this sanctimonious government?

Sadly there is very little anyone could do after the head has been cut off.
I won't be surprised if the CJN is hounded by DSS, The Police and or the EFCC by tomorrow