Constitutional guide lines on the removal of a judge and the legality of suspension of the Nigerian's CJN. By the Executive President.
The constitutional directions with respect to removal of judges from office and the legality or otherwise of the suspension of the CJN.
By virtue of section 292, the constitution reads: “(1) 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 – (i) 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.
Secondly by recommendation from the NJC
The NJC, by virtue of paragraph 21(b) of Part 1 of the Third Schedule to the Constitution of the Federal Republic of Nigeria, 1999 ( as amended ) recommends to the President the removal from office of certain category of judicial officers including the CJN , and exercises disciplinary control over them. Therefore it is clear as to how the CJN can and be removed if need be pursuant to the constitutional provisions which can not be oust in any way .any other way will be ultra vise to the constitution itself.
Also section 18, Part 1 of the Fifth Schedule to the Constitution defines the power of the CCT. In particular, Section 18 ( 2) stipulates the punishments which the CCT may impose upon conclusion of trial. They are : (a) vacation of office or seat in any legislative house as the case may be; (b) disqualification from membership of a legislative house and from the holding of any public office for a period not exceeding ten years; and (c) seizure and forfeiture to the State of any property acquired in abuse or corruption of office .
Constitutional, the CCT is not vested with any power under the Constitution or the Code of Conduct Tribunal Act to order the Executive Branch of Government to suspend a public officer who is undergoing trial before it, from office , pending the conclusion of trial, as the CCT has purportedly done.
the tribunal is a quasi criminal in nature and its rules of procedure is the Administration of Criminal Justice Act, the criminal procedure act, under which an ex parte order was obtained is improper, while disregarding the preliminary objection challenging the jurisdiction of the court filed by CJN's attorneys is unknown to our practice .
Hence, the suspension of the CJN is against the constitutional provisions and a big blow to our hard earn democracy and should not be allowed to stand .
"You can not place something on nothing and expect it to stand."
Therefore ,i advice the federal government to follow the due process of the law while removing or suspending any judge or justices of the supreme court.
By virtue of section 292, the constitution reads: “(1) 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 – (i) 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.
Secondly by recommendation from the NJC
The NJC, by virtue of paragraph 21(b) of Part 1 of the Third Schedule to the Constitution of the Federal Republic of Nigeria, 1999 ( as amended ) recommends to the President the removal from office of certain category of judicial officers including the CJN , and exercises disciplinary control over them. Therefore it is clear as to how the CJN can and be removed if need be pursuant to the constitutional provisions which can not be oust in any way .any other way will be ultra vise to the constitution itself.
Also section 18, Part 1 of the Fifth Schedule to the Constitution defines the power of the CCT. In particular, Section 18 ( 2) stipulates the punishments which the CCT may impose upon conclusion of trial. They are : (a) vacation of office or seat in any legislative house as the case may be; (b) disqualification from membership of a legislative house and from the holding of any public office for a period not exceeding ten years; and (c) seizure and forfeiture to the State of any property acquired in abuse or corruption of office .
Constitutional, the CCT is not vested with any power under the Constitution or the Code of Conduct Tribunal Act to order the Executive Branch of Government to suspend a public officer who is undergoing trial before it, from office , pending the conclusion of trial, as the CCT has purportedly done.
the tribunal is a quasi criminal in nature and its rules of procedure is the Administration of Criminal Justice Act, the criminal procedure act, under which an ex parte order was obtained is improper, while disregarding the preliminary objection challenging the jurisdiction of the court filed by CJN's attorneys is unknown to our practice .
Hence, the suspension of the CJN is against the constitutional provisions and a big blow to our hard earn democracy and should not be allowed to stand .
"You can not place something on nothing and expect it to stand."
Therefore ,i advice the federal government to follow the due process of the law while removing or suspending any judge or justices of the supreme court.
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