Welcome, Guest: Register On Nairaland / LOGIN! / Trending / Recent / New
Stats: 3,208,479 members, 8,002,733 topics. Date: Thursday, 14 November 2024 at 04:25 PM

Does The President Have The Constitutional Power To Suspend The Chief Justice? - Politics (10) - Nairaland

Nairaland Forum / Nairaland / General / Politics / Does The President Have The Constitutional Power To Suspend The Chief Justice? (48228 Views)

Tinubu Doesn’t Have The Constitutional Power To Declare Regional Government / Why PPPRA Lacks Constitutional Power To Determine Fuel Price In Nigeria - Falana / Zamfara Supreme Court Judgement: Did PDP Meet The Constitutional Requirement? (2) (3) (4)

(1) (2) (3) ... (7) (8) (9) (10) (Reply) (Go Down)

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Joyrise: 2:54am On Jan 26, 2019
baliyubla:
Saraki must declare Buharis seat vacant this night without following the constitutional provisions. Shey na anarchy the dullard want.

You people want Buhari to show Nigeria how brutal OBJ was when in power too. Let Saraki tries shit, he will forget the day he was born. The man you PDP call bubu is showing you raw ways of politics. You think your Dubai strategy of manipulating the election using Onnoghen has not been exposed to the president, he will let you pple feel the hottest part of hell. Whether you like it or not, some people will still vote Buhari even from the SS/SE and will get his 25% there.

2 Likes

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Mikat: 6:46am On Jan 26, 2019
What happened to Justice salami in Jonathan's hands? Precedence

1 Like

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Mujtahida: 8:09am On Jan 26, 2019
Wantedmiller:



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.
Okay good. You believe hierarchy should be respected but Buhari doesn't believe in hierarchy.

On the 24th of January the court of appeal gave orders to CCT to stay all actions in respect of the CJN matter. Buhari nevertheless went ahead to abide by the kangaroo orders of the CCT. Why did he ignore the order of the court of appeal?
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Wantedmiller: 9:17am On Jan 26, 2019
Mujtahida:

Okay good. You believe hierarchy should be respected but Buhari doesn't believe in hierarchy.

On the 24th of January the court of appeal gave orders to CCT to stay all actions in respect of the CJN matter. Buhari nevertheless went ahead to abide by the kangaroo orders of the CCT. Why did he ignore the order of the court of appeal?

See..... you are making a mistake here.

Is it up to President Buhari to respect court of Appeal or CCT?

The president acted on the information he got from CCT....... another problem is between the time he got the information and the time appeal court gave orders.

Are you not thinking towards that direction?

but to be sincere with you..... CJN accepted his mistakes..... the next line of action should be tendering his resignation and not going to court to stop his trials.

Corruption at its peak..... he knew very well that he did the wrong thing, is not an excuse to the law and he don't want to resign.... absolutely rubbish dear. lets be sincere paddy man

1 Like

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by socialmediaman: 9:38am On Jan 26, 2019
Wantedmiller:


See..... you are making a mistake here.

Is it up to President Buhari to respect court of Appeal or CCT?

The president acted on the information he got from CCT....... another problem is between the time he got the information and the time appeal court gave orders.

Are you not thinking towards that direction?

but to be sincere with you..... CJN accepted his mistakes..... the next line of action should be tendering his resignation and not going to court to stop his trials.

Corruption at its peak..... he knew very well that he did the wrong thing, is not an excuse to the law and he don't want to resign.... absolutely rubbish dear. lets be sincere paddy man

The issue here is that of due process. In truth, people do not care about CJN if due process is followed, but we care about democracy. We cannot have a tyrant in office who does not respect the constitution.

Buhari’s orders should be disregarded or better still, the senate should step in to save Nigeria’s democracy. If CJN is guilty, it’s not up to Buhari to become the hammer and the carpenter
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Mujtahida: 9:57am On Jan 26, 2019
Wantedmiller:


See..... you are making a mistake here.

Is it up to President Buhari to respect court of Appeal or CCT?

The president acted on the information he got from CCT....... another problem is between the time he got the information and the time appeal court gave orders.

Are you not thinking towards that direction?

but to be sincere with you..... CJN accepted his mistakes..... the next line of action should be tendering his resignation and not going to court to stop his trials.

Corruption at its peak..... he knew very well that he did the wrong thing, is not an excuse to the law and he don't want to resign.... absolutely rubbish dear. lets be sincere paddy man
See I like conversing with intelligent people. What do you mean by the time he got the orders? So you mean he got the orders of 23rd January which he acted on yesterday but he didn't get the orders of 24th as in court of appeal orders?

So he can respect CCT but not abide by the order of court of appeal restraining the court from making any orders that would affect the res?

Yes the CJN accepted and gave a written admission. Do you know that the law says that once a person who has admitted to a breach of the rules or non compliance with the Act admits a reference to the tribunal would not be necessary?
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Wantedmiller: 9:59am On Jan 26, 2019
socialmediaman:


The issue here is that of due process. In truth, people do not care about CJN if due process is followed, but we care about democracy. We cannot have a tyrant in office who does not respect the constitution.

Buhari’s orders should be disregarded or better still, the senate should step in to save Nigeria’s democracy. If CJN is guilty, it’s not up to Buhari to become the hammer and the carpenter


Which other due process are you looking for....... CCT gave the president order to suspend CJN.

Remember the case of finance minister.

CCT Was The hammer and Buhari Was The Carpenter

either ways...... former CJN should rest

1 Like

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by socialmediaman: 10:02am On Jan 26, 2019
Wantedmiller:



Which other due process are you looking for....... CCT gave the president order to suspend CJN.

Remember the case of finance minister.

CCT Was The hammer and Buhari Was The Carpenter

either ways...... former CJN should rest

CCT can recommend to the President and the senate to move with removal proceedings, the president can only remove the CJN by recommendation of NJC or 2/3 votes by senate
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by KashManey: 10:23am On Jan 26, 2019
FOR 9JA WE DONT SACK WE SUSPENSE. REMEMBER WEN GOODLUCK SUSPENDED SANUSI

1 Like

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by marvinsync(m): 11:40am 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



whether temporary removal or permanent removal the president doesn't have the ability to do either
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Wantedmiller: 11:43am On Jan 26, 2019
socialmediaman:


CCT can recommend to the President and the senate to move with removal proceedings, the president can only remove the CJN by recommendation of NJC or 2/3 votes by senate

Not removal...... suspension bros

1 Like

Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Wantedmiller: 12:39pm On Jan 26, 2019
Mujtahida:

See I like conversing with intelligent people. What do you mean by the time he got the orders? So you mean he got the orders of 23rd January which he acted on yesterday but he didn't get the orders of 24th as in court of appeal orders?

So he can respect CCT but not abide by the order of court of appeal restraining the court from making any orders that would affect the res?

Yes the CJN accepted and gave a written admission. Do you know that the law says that once a person who has admitted to a breach of the rules or non compliance with the Act admits a reference to the tribunal would not be necessary?

My boss.... am not talking about date. Am talking about time.

There is every possibilities that the CCT sent a letter to the presidency at 8:00am and Appeal court gave theirs around 12pm.

And moreover appeal is trying to stop the trial not the suspension dear.

He has admitted committing the crime ..... the next line of action was suspension from attending to court matters, in other to continue with the trial that the appeal court stopped.

Are you cleared?
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by hansomb: 8:20pm On Jan 26, 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.
How has the Bureau de change affected your life positively ?
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Colann(m): 8:56pm On Jan 26, 2019
Elliot2:
Jonathan only acted on the recommendations of the NJC.
Buhari only acted on the recommendation of the CCT
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by AyoolaIgwe(m): 9:02pm On Jan 26, 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?
It's not in the place of the executive to usurp the powers of NJC. Besides, the FHC & NIC imposed an interim injunction on Umar Danladi and CCT to stay action. But no, superior courts of law won't be obeyed by Danladi.
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Nobody: 9:06pm On Jan 26, 2019
AyoolaIgwe:

It's not in the place of the executive to usurp the powers of NJC. Besides, the FHC & NIC imposed an interim injunction on Umar Danladi and CCT to stay action. But no, superior courts of law won't be obeyed by Danladi.

These are the words of the CJN himself when he gave absolute powers to the CCT when it comes to issues on false asset declaration at a ruling.

Speaking here, he was interpreting the powers conferred on the CCT by our constitution and this was in 2013.

He never envisaged that one day he would fall victim to his own ruling.

Read and stop wailing ignorantly


If I may repeat, the Code of Conduct Tribunal has been established with the exclusive jurisdiction to deal with all violations contravening any of the provisions of the Code as per paragraph 15(1). This provision has expressly ousted the powers of ordinary regular courts in respect of such violations.

The Tribunal to the exclusion of other courts is also empowered to impose any punishments as specified under sub-paragraphs (2) (a), (b) & (c) of paragraph 18 as provided in sub-paragraphs 3 and 4 of paragraph 18 while appeals shall lie as of right from such decisions to the Court of Appeal.

The real important question to ask at this stage is what is the consequences of the violation of the aforesaid paragraphs of the 5th Schedule to the 1999 Constitution?



The answer to the above question is to be found in Paragraph 12 of the said Part 1 of the 5th Schedule which enacts as follows: -‘Any allegation that a public officer has committed a breach of provisions of this code shall be made to the Code of Conduct Bureau.’

“It is my considered view that the above provision is very clear and unambiguous. It provides a remedy in the event of any alleged breach of the provisions. The remedy lies with the Code of Conduct Bureau which has been clothed with the requisite jurisdiction to handle such matters.

Buhari acted within the boundaries of the law
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Elliot2(m): 9:10pm On Jan 26, 2019
Colann:

Buhari only acted on the recommendation of the CCT
are u also sniffing that zombie stuff?
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by Akainzo(m): 2:01pm On Jan 28, 2019
socialmediaman:


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?

Go and read the Constitution, it is not about who they report to, it is about the Constitutional provision for removal which requires 2/3 majority of the senate to approve.

In both cases, the Senate Approval were not sought and the office occupiers were suspended.
Re: Does The President Have The Constitutional Power To Suspend The Chief Justice? by AyoolaIgwe(m): 10:09pm On Jan 28, 2019
Tetehjewels:


These are the words of the CJN himself when he gave absolute powers to the CCT when it comes to issues on false asset declaration at a ruling.

Speaking here, he was interpreting the powers conferred on the CCT by our constitution and this was in 2013.

He never envisaged that one day he would fall victim to his own ruling.

Read and stop wailing ignorantly



Buhari acted within the boundaries of the law
I'll refer you to the whole of Section 292 of the CFRN As Amended. It settles the matter.
Secondly, the case of FRN vs Ngajiwa.

(1) (2) (3) ... (7) (8) (9) (10) (Reply)

Obasanjo Geared Up For A Football Match (pic) / EFCC Arrests Lara Amosu, Recovers $1m In Soakaway Pit / Pauline Tallen Rejects Ambassadorial Nomination Due To Her Sick Husband

Viewing this topic: 1 guest(s)

(Go Up)

Sections: politics (1) business autos (1) jobs (1) career education (1) romance computers phones travel sports fashion health
religion celebs tv-movies music-radio literature webmasters programming techmarket

Links: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

Nairaland - Copyright © 2005 - 2024 Oluwaseun Osewa. All rights reserved. See How To Advertise. 51
Disclaimer: Every Nairaland member is solely responsible for anything that he/she posts or uploads on Nairaland.