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Does The President Have The Constitutional Power To Suspend The Chief Justice? - Politics (9) - Nairaland

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Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by kingkhan(m): 8:34pm 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.
the pyramid was used to feed both north and south before the discovery of oil. why not feed the north now ?
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Wantedmiller: 8:43pm On Jan 25, 2019
Mujtahida:

Not settled. An order touching on the res obtained exparte without putting the other side on notice?


On notice to do what exactly?
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by bigtt76(f): 8:48pm On Jan 25, 2019
National Assembly is on recess when the resume baba would write them to ratify the suspension naaaaaa it should have been compulsory leave sef cheesy



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:


Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by mywells: 8:49pm On Jan 25, 2019
when you installed an illiterate as president that's what you get as change,some that can not define constitution or can analyzed the word Justice,all what he knows is that he's the president he can sack any one at will,and you think this cow would follow constitution.
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Mujtahida: 8:49pm On Jan 25, 2019
Wantedmiller:



On notice to do what exactly?
First note that this CCT was ordered by three courts: the Federal High Court, the High Court of the FCT and the National Industrial court to maintain status quo and not to do anything that touches the office of the CJN until the hearing of some applications filed before this three courts.

The CCT in disobedience to those court orders went ahead to make interim orders of such far reaching effect without directing that the motion exparte that led to this particular order should be given to the CJN so that fair hearing can be granted to both sides. That's what 'on notice' means
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by pelegiga92(m): 8:51pm 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.
if buhari na ur papa,u fit talk weti u talk so?
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by borntoexcel2000(m): 8:53pm On Jan 25, 2019
AyoolaIgwe:

1. A subsisting FHC order had restrained the CCT from sitting on the matter.
2. A legal axiom states that, "the express mention of one is to the exclusion of all others." The CJN can't be suspended na. The constitution recognizes an outright removal to the exclusion of a suspension.

Hmmmmm.......Let me go and read more

1 Like

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by IJEYdiamond(f): 8:56pm On Jan 25, 2019
SalamRushdie:
He has as much powers as you and I to suspend the CJN!!! Which is ZERO POWERS..totally illegal and I advise Onnoghen to Ignore ..Onnoghen must be brave in the coming days as Buhari has just shot himself in the balls ...I expect Prof Osinbanjo to immediately excuse himself from all this

Lawyers in the house please throw more light in this matter... Cos i am speechless..

My Words for PMB and the Nigerian military.. The world is watching... Dont allow the lnternational community give u Venezuelan treatment....

There was once upon a time PMB.. and they will be an end to your reign.. soon or later.. that u cant escape...oooo.
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Evercurious(f): 9:07pm On Jan 25, 2019
python2gbera:

You have an injury to the side of the brain, you really might need some coupists to shoot it off the head.


-python2

FOOLISH ONE
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Ugosample(m): 9:10pm 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.

it's very unfortunate
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by delejames(m): 9:14pm On Jan 25, 2019
ericsmith:


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.
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by otokx(m): 9:16pm On Jan 25, 2019
The courts will have to do the interpretation.
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Ozkar: 9:17pm On Jan 25, 2019
pelegiga92:
if buhari na ur papa,u fit talk weti u talk so?
thank God say Buhari no be my papa.
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Wantedmiller: 9:28pm On Jan 25, 2019
Mujtahida:

First note that this CCT was ordered by three courts: the Federal High Court, the High Court of the FCT and the National Industrial court to maintain status quo and not to do anything that touches the office of the CJN until the hearing of some applications filed before this three courts.

The CCT in disobedience to those court orders went ahead to make interim orders of such far reaching effect without directing that the motion exparte that led to this particular order should be given to the CJN so that fair hearing can be granted to both sides. That's what 'on notice' means


I believe very well that you respect hierarchy in everything...... code of conduct tribunal cannot respect high court judgement and Co...... after CCT..... it is Appeal court.
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by socialmediaman: 9:49pm On Jan 25, 2019
Akainzo:


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.

The CBN Governor is under the executive arm of government and he reports to the president so this is totally different.

Is the CJN answerable to the president or the judicial arm of government?

Can a Judge sack a president without a lawsuit?

Why should a president be able to sack a judge without ratification by the senate?

Is Buhari not a tyrant indeed?
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Jaqenhghar: 10:06pm On Jan 25, 2019
ejose4real:
oga what are u saying? Check and balance doesn't give D president absolute power to suspend either D senate president or D cjn
I didnt say that gives him the absolute power nah. I believe there are other things involved
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by AyoolaIgwe(m): 10:49pm On Jan 25, 2019
Tetehjewels:


The constitution does not place any limitation on the President when it comes to a suspension but only in the case of a removal.

The constitution is an authority in that regard and not when it comes to a suspension. Besides when such silence in terms of suspension is observed, the constitution also recognized this and said REMOVAL OR SUSPENSION. This can be found in the interpretation of the laws and acts of Nigeria 1990
I don't agree with you. You're merely playing upon words. The constitution doesn't recognize "suspension" it speaks only of "removal" of a judicial officer after such a person has been processed first by NJC and then 2/3 of the senators.
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Nobody: 10:52pm On Jan 25, 2019
AyoolaIgwe:

I don't agree with you. You're merely playing upon words. The constitution doesn't recognize "suspension" it speaks only of "removal" of a judicial officer after such a person has been processed first by NJC and then 2/3 of the senators.

The head of the NJC is the same CJN and he has gone ahead to suspend the meeting of the NJC indefinitely in order to prevent his removal.

He cannot be judge and jury in his own case especially after he has admitted in writing to the "crime of omission" regarding the declaration of his assets.

Is ignorance a defence in law?
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by socialmediaman: 11:06pm On Jan 25, 2019
Tetehjewels:


The head of the NJC is the same CJN and he has gone ahead to suspend the meeting of the NJC indefinitely in order to prevent his removal.

He cannot be judge and jury in his own case especially after he has admitted in writing to the "crime of omission" regarding the declaration of his assets.

Is ignorance a defence in law?

Is this supposed to be the president’s problem? Do we not have a senate who can recommend for removal of the CJN by 2/3 majority vote? Why should the president enforce his removal unconstitutionally?
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Nobody: 11:12pm On Jan 25, 2019
socialmediaman:


Is this supposed to be the president’s problem? Do we not have a senate who can recommend for removal of the CJN by 2/3 majority vote? Why should the president enforce his removal unconstitutionally?

Are you referring to the same senate who have declared they will not sit until after the elections?

Should an allegedly corrupt CJN be allowed to precide over the election tribunal council?
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by JOSLY: 11:16pm On Jan 25, 2019
He has been fore known as the barrier to the winning of the forth coming election. Lawless country.
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by socialmediaman: 11:18pm On Jan 25, 2019
Tetehjewels:


Are you referring to the same senate who have declared they will not sit until after the elections?

Can an allegedly corrupt CJN be allowed to precise over the election tribunal council?

Yes I am referring to the senate and also I am referring to an allegedly corrupt CJN.

As long as the constitution prevents the president from having exclusive authority on another arm of government, it is TYRANNY to force such powers on himself.

Yes, the constitution is there for a reason, and sometimes democracy can slow things down, but they also prevent a Tyrant from being a tyrant.

Why does he understand this when it comes to Gandollar But becomes a tyrant when it comes to CJN?
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Nowenuse: 11:22pm On Jan 25, 2019
discusant:



"Security forces to be deployed to kill innocent Nigerians protesting the rape of democracy."


But ask: are the security officers not humans who are also seeing the evils going on in this govt?

What type of military indoctrination can make a soldier defend evil fashioned by this Buhari cabal against Nigeria?

Hmm, no offence, but you asking this kind of question will make anyone think you are a child.

I can't believe you are questioning the evil conscience of the military. World all over, dictators have been making use of the military to intimidate and kill innocent civilians without the batting of an eyelid.
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Nobody: 11:22pm On Jan 25, 2019
socialmediaman:


Yes I am referring to the senate and also I am referring to an allegedly corrupt CJN.

As long as the constitution prevents the president from having exclusive authority on another arm of government, it is TYRANNY to force such powers on himself.

Yes, the constitution is there for a reason, and sometimes democracy can slow things down, but they also prevent a Tyrant from being a tyrant.

Why does he understand this when it comes to Gandollar But becomes a tyrant when it comes to CJN?

Ganduje for the umpteenth time is under immunity. The CJN is not.

Our constitution has foisted the right to suspend the CJN on buhari but not to remove.

He is limited by law when it comes to removing the CJN but not when it comes to suspending him. Such limitations do not cover a suspension.

Read section 11 and then link it to section c

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by jaxxy(m): 11:50pm On Jan 25, 2019
borntoexcel2000:
Lawyers oya come in

Someone said, "Suspension" and "Removal" are two different things...

The learned, am waiting

Modified:

Someone said, 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.

Case closed. Let me take a bow


Buhari can not suspend anybody and the CCT is an illegal court out of its jurisdiction. Buhari shud follow the law and get senate to intervene.

One man cannot play ping pong with the judiciary as he likes. Suspend one and approve another is illegal and not stated anywhere as possible. He cannot discipline the CJN.
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by borntoexcel2000(m): 11:52pm On Jan 25, 2019
jaxxy:



Buhari can not suspend anybody and the CCT is an illegal court out of its jurisdiction. Buhari shud follow the law and get senate to intervene.

One man cannot play ping pong with the judiciary as he likes. Suspend one and approve another is illegal and not stated anywhere as possible. He cannot discipline the CJN.

Noted bro.

CC: Buhari

1 Like

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by prof12(m): 11:59pm 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.

Crack head
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Nobody: 12:20am On Jan 26, 2019
Papyk:
Your GEJ suspend CBN Governor when he complain that $20b was missing and he collide with minster of petroleum to embezzled all the money available to develop the country to the extent that they have to borrowed money to pay workers, to you he is a better Nigeria? but PMB suspend CJN because he cannot account and justify the money that were found in his account, then you called the president illiterate? Why some of your people from SE always thinks backward and senseless? No wonder Governor Okorocha build statue of a president in owerri that was remove for corruption in SA. I now understand.
Your father must be an animal. for your information the dumbest person in the east is smarter and more woke than the wisest man from the pit of Taurus where you were belched from. Dimwit
You're comparing the office of a CBN governor to that of a CJN. and you had the impetus to call someone senseless. you sir is a staggering demented brain dead carcass. The President has no power to suspend or remove the CJN without the consent of 2/3 of the Senate. You Senseless stupid fool. drag the east to your stupidity again and you regret your Internet existence Ewu.
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Steinmann: 1:03am On Jan 26, 2019
On the CJN the constitution means removal, no provision for suspension
Constitution in paragraph (b) of the section says if CJN has committed not indicted.
One is presumed innocent until after a fair hearing.
Saraki was indicted ,not removed and later found innocent.
This cabal and their dumb dictator should not allow Nigerians to boil over.
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by CaptainFM1: 1:21am On Jan 26, 2019
borntoexcel2000:
Lawyers oya come in

Someone said, "Suspension" and "Removal" are two different things...

The learned, am waiting

Modified:

Someone said, 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.

Case closed. Let me take a bow

Why is Gandollar not suspended on this same premise? I'm beginning to believe somebody cursed us as a nation!

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