Timothy Ola Bamgboye – Does Buhari Have Power To Suspend Onnoghen? | Fastest Delivery Of Magazine
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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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Atiku demands apology and N500m from Buhari’s aide for Linking him to terrorists

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Atiku demands apology and N500m from Buhari’s aide for Linking him to terrorists Gcek9ktTURBXy9lZDlhNzlhYi1jZjg2LTQ4NjQtOTY3Ni1lYjc1NzQxODJjMmYuanBnkpUDAB3NAwDNAbCTBc0DFM0BvIGhMAE

Atiku Abubakar, presidential candidate of the Peoples Democratic Party (PDP), has asked Lauretta Onochie, an aide of President Muhammadu Buhari, to tender apology and pay him N500 million for linking him to terrorists.

This was contained in a letter by Mike Ozekhome, lawyer to the presidential candidate.

On May 7, Onochie had tweeted that the former vice-president was on a United Arab Emirates (UAE) watch list.

“Atiku on UAE watchlist- Security sources,” Buhari’s aide tweeted.

“Security operatives in the United Arab Emirates (UAE) are keeping a close tab on a former Nigerian Vice Pres Atiku Abubakar who has been in the Middle East nation for several weeks now What is he doing there?

“Me: Shopping for Terrorists?”

In the letter, Ozekhome said: “Your odious publication is clearly also aimed at rubbishing our client’s image and reputation,” the letter read.

“It has caused him national and international backlash and embarrassment and done incalculable damage to him.

“Your publication has also caused our client, in the eyes of reasonable members of the public, unspeakable odium, obloquy, hatred, ridicule and psychological trauma.

“He has thereby been subjected to the shame and infamy of being viewed by members of the public as not only corrupt, but as a terrorist and sponsor of terrorism.

“Numerous telephone calls, emails, visits, letters and private social media chats by his family members, friends, political and business associates, and international statesmen and women in the last few days attest to the alarm and serious concerns generated by your false publication.”

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2019 elections: How Facebook exposed APC, Buhari as real enemies of Nigeria – PDP alleges

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2019 elections: How Facebook exposed APC, Buhari as real enemies of Nigeria – PDP alleges Kola Ologbondiyan 1

The Peoples Democratic Party (PDP) on Sunday said Facebook revelation detailing the alleged devious manipulations and engineering of disinformation in the 2019 general election by President Buhari’s handlers and All Progressives Congress (APC) further exposes them as “schemers and real enemies of our democracy and national cohesion.”

The party said the revelation exposed APC as a fraudulent and violent-loving party, whose divisive activities were now directly threatening the security stability of Nigeria.

A statement by PDP’s spokesperson, Kola Ologbondiyan said: “Indeed, the Buhari Presidency and the APC should hide their faces in shame as Nigerians have seen that their professed sanctimony and ‘holier-than-thou’ claims are mere masquerading.

“Our party notes that there are more damning revelations against the APC, not only on its rigging of the general election, but also on how it is working against our nation, which will come to light at the appropriate time.

“The APC, which engaged in manipulation to foist itself, will do anything, no matter how vile, to sustain itself in office, not minding the social, economic and collateral damages such could cause our dear nation.

“Since the Facebook revelation, the Federal Government and the Presidency have suddenly gone dumb, having been exposed and shown in their true colours. However, the PDP holds to the eternal truth that no matter how lies appears to prevail, truth is bound to triumph at the end of the day.”

 

Source: Daily post

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