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1. The president purportedly suspended the Chief Justice of Nigeria (CJN) acting on an ex parte Order by the Code of Conduct Tribunal.

2. Instructively, the Order was not made suo motu by the Tribunal but upon an application by the Prosecution, on behalf of Mr President’s Government. Also, the application did not afford the defendant an opportunity to respond to the allegations as it was brought by a Motion Exparte.

3. Whilst the discretionary powers to grant an Ex parte Order is incidental to the powers of a judge, such powers should be excercised judicially and judiciously, and must not be ultra vires or unconstitutional.

4. There is no provision of the Constitution that speaks about the suspension of judicial officers, including the Chief Justice of Nigeria.

5. S. 292 of the Constitution that is being bandied around speaks about the REMOVAL and not the suspension of judicial officers.

6. Assuming without conceding that that section of the law applies to SUSPENSION, an address supported by two-third majority of the Senate is a condition precedent for the declaration of the suspension of the CJN by the president to be valid.

7. Moreover, the REMOVAL (or suspension for the purpose of argument) of a judicial officer must be as a result of “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.” However, allegation or standing trial for these wrongs cannot be exalted to the status of conviction, as it is the same constitution that safeguards the presumption of innocence of a defendant. The Code of Conduct Tribunal has yet to reach a decision on the guilt of the CJN regarding declaration of his assets.

8. There is an ancillary argument in the public that he who has power to hire also has power to fire. Apparently, this argument is spurious in this circumstance. The CJN is NOT an exclusive appointee of the President like a Minister. The CJN though appointed by the President can only be so appointed on the recommendation of the NJC subject to confirmation by the Senate. If this argument is therefore to be followed to its logical conclusion, then the CJN’s suspension should be preceded by the NJC’s recommendation and confirmed by the Senate before it can take effect.

9. The principle of Separation of Powers, one of the foundational principles in a democracy, was conceived to prevent a situation where an arm of Government would be subject to the whims and caprices of another, as evidenced in this case.

10. If the President’s team wants to hide under the inapplicable provision of S 292 to suspend the CJN, they should also be just and equitable enough to give the order of the Court of Appeal restraining the CCT from removing the CJN a purposive interpretation to cover his suspension.

Oshiomhole – Obasanjo Lies In The Morning, Afternoon, Night.

11. At any rate, the purported swearing in of Honourable Justice Tanko is unconstitutional, ultra vires, null and void, as the CCT made an unconstitutional order which was unconstitutionally executed by the president.

12. The office of the Chief Justice of Nigeria is not vacant and there is nothing to show that Hon. Justice Mister Onnoghen is unable to perform the functions of the office, which could have necessitated the appointment of the most senior justice of the Supreme Court to perform those functions by the president pursuant to S. 231 (4).

13. The political context of this illegal, unconstitutional, and anarchistic move is clear. The president who feigned ignorance about the prosecution of the CJN has now purportedly suspended the CJN, following an application initiated by his hatchmen.

14. The Chairman of the CCT, who boasted in open court that it is easier to remove the CJN than to remove a CCT judge, has found the nerve to order his suspension in flagrant disregard to the clear provisions of the Constitution. It is an open secret that the Chairman is liable to blackmail by the President following the threat of prosecution for a similar offence hanging over his head.

15. The purported suspension of the CJN by the president is therefore both illegal and immoral. It is a violent rape of our nascent democracy, and should be roundly condemned by every well meaning, right thinking Nigerian.

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Abass Sulaiman Adegoke, well known as Adegoke is a student of Federal Polytechnic Ede studying Civil Engineering, He is a media enthusiast, loves traveling, and has a special interest in personal development.

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Buhari has failed, cannot solve Nigeria’s problems – Soyinka blows hot

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buhari has failed, cannot solve nigeria’s problems – soyinka blows hot Buhari has failed, cannot solve Nigeria’s problems – Soyinka blows hot Wole Soyinka 1024x576 1

Nobel laureate, Wole Soyinka, has insisted that the President Muhammadu Buhari administration has failed.

According to him, the problems confronting Nigeria were beyond Buhari.

Soyinka stated this while playing host to students who paid him a visit on his 85th birthday.

The literary icon made it clear that while state governments differ in success rates, “central government has failed”.

“The problems of this nation are beyond the solution that can be offered by this government, that’s the first admission; they have to stop thinking in partisan government

“There has always been a major problem with successive governments. It’s easier on the state level to say that a particular state is definitely doing better than another state. But the central government has failed, that’s my view in the main.

“There is a minimal level which any government which has been elected to power must achieve to be considered a true representative of the people.

“Look at what’s happening today with the cattle all over the place, that’s a security issue which should never have reached this level. That singular act has resulted in hundreds of people being killed, farms were taken over; it has wiped away a lot of the positive achievements of the government.

“They need to confront this nation as a habitation of human beings where very serious issues like economy, security, health, even threats of secession come up every day and convoke at the same time, a national conference, what I call an Indaba across all section which we will all meet and debate everything, including the economy of this nation,” Soyinka said.

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Yoruba group gives Miyetti Allah 72-hour ultimatum to fish out killers of Pa Fasoranti’s daughter

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yoruba group gives miyetti allah 72-hour ultimatum to fish out killers of pa fasoranti’s daughter Yoruba group gives Miyetti Allah 72-hour ultimatum to fish out killers of Pa Fasoranti’s daughter Fasoranti 1024x576

A Southwest group, Yoruba Youth Socio-cultural Association (YYSA), has expressed shock over the killing of Mrs. Funke Olakunrin, daughter of Afenifere Chairman, Pa Reuben Fasoranti, by persons suspected to be herdsmen in Ondo State.

In a statement signed by its National President, Olalekan Hammed, the group gave the Miyetti Allah Cattle Breeders Association (MACBAN) a three-day ultimatum to fish out the perpetrators of the nefarious act.

DAILY POST recalls that the murder of the daughter of the Pa Fasoranti‘s daughter was confirmed by Afenifere’s spokesman, Mr. Yinka Odumakin in a statement.

He said 58-year-old Mrs. Olakunrin was killed by persons suspected to be herdsmen while heading to Ore Junction from Akure, Ondo State, where she was attacked and shot by her attackers.

But the Ondo state police command refuted Odumakin’s claim, saying it was an armed robbery attack.

However, the YYSA said it will convene an emergency meeting on Saturday (today) to discuss next line of action after the ultimatum to MACBAN elapses.

The statement reads: “We receive the news of the sudden death of Mrs. Olakunrin with great shock.

“We want the federal government to order immediate investigation on the matter because the culprits should not go unpunished.

“We also give the so-called Miyetti Allah Cattle Breeders Association (MACBAN), Ondo State chapter, three days to fish out the suspected killers of Mrs. Olakunrin.

“We are having an emergency meeting tomorrow (today) in Ibadan to discuss the next line of action.”

Mrs. Olakunrin is the second child of 94-year-old Fasoranti to die, the elder statesman having also lost a daughter, Bunmi, some years ago.

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