Skip to main content

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.


Comments

Popular posts from this blog

Otu Oka-iwu Abuja Exco Pays Courtesy Visit to Senator (Prince) Chinedu Munir (Ned) Nwoko on Continued Pursuit for Regional Development and Welfare of Members: Advocating for Additional State Creation in the South East.

On Friday, September 13, 2024, Otu Oka-iwu Abuja Executive Committee, led by Chief Chidi Udekwe, made a significant courtesy visit to Senator (Prince) Chinedu Munir (Ned)  Nwoko, the Distinguished Senator, representing Delta North Senatorial Zone. The meeting took place at the Senator’s impressive residence in Maitama, Abuja, and served as a platform for discussing key issues pertinent to the welfare of Otu Oka-iwu members and regional initiatives, including the critical advocacy for the creation of additional states in the South East.  Executive members of Otu Oka-iwu Abuja. Key Discussions: 1. Welfare of Otu Oka-iwu Members   2. Admission into Senator Nwoko's Sports University   3. State Creation Advocacy   4. Senatorial Support for Otu Oka-iwu Programs   The meeting highlighted several vital topics, notably: 1. Welfare of Otu Oka-iwu Members:      There was an open dialogue regarding the overall welfare of the association’s members

_Otu Oka-iwu Abuja Executive Team Meets with Chief Emeka Etiaba, SAN: A Step Towards Strengthening the Organization_

  LIn a bid to fortify the Otu Oka-iwu Abuja welfare, a high-level meeting was held between the delegate team led by President, Chief Chidi Udekwe, and Publicity Secretary, Ochili Michael, with the esteemed Chief Emeka Etiaba, SAN, in his office  at Wuse II, Abuja this encounter was to harness Chief's expertise and influence in advancing the organization's objectives. Expanding Membership and Reach outs Chief Etiaba emphasized the need for Otu Oka-iwu Abuja to broaden its membership base, particularly among legal professionals. He suggested that the organization reach out to more lawyers, leveraging his own network of Senior Advocates of Nigeria to support meeting hosting and drive growth. This advice is expected to enhance the organization's visibility and impact. Endowment Project and Commitment Chief Etiaba expressed his support for the endowment project, describing it as a "good scheme." He stressed the importance of members committing to this initiative,

Otu Oka-Iwu Abuja Hosts Webinar on "Law and Development in Igbo Land

In a bid to foster dialogue and professional engagement among legal practitioners, the Otu Oka-Iwu Abuja, a prominent organization of Igbo lawyers practicing in the nation's capital, is set to hold a virtual meeting and webinar entitled:  " Law and Development in Igbo Land ."  Scheduled for Friday, September 20, 2024,   @:  4:00 PM (West Central African Time) , this event promises to be an invaluable platform for discussions surrounding key legal and developmental issues impacting Igbo land. This webinar boasts a thought-provoking agenda, featuring a distinguished lineup of speakers. Renowned expert in law and development, Dr. Sam Amadi will serve as the keynote speaker, offering insights drawn from his extensive experience in the field. The session will be moderated by Chief Emeka Obegolu, SAN , a respected legal luminary known for his significant contributions to the profession.                                              Dr. Sam Amadi        

Otu Oka-Iwu Abuja Celebrates Chief Akajiugo Emeka Obegolu, SAN, on His Birthday: A Tribute to a Distinguished Legal Luminary

On the auspicious occasion of Chief Akajiugo Emeka Obegolu's birthday, the Otu Oka-Iwu Abuja—a prominent organization representing Igbo lawyers practicing in Abuja, Nigeria—has come together to celebrate one of its distinguished leaders. Describing Chief Obegolu as a "leader par excellence" and an "elder statesman," the organization has expressed profound gratitude for his remarkable contributions to both legal practice and the community at large. A Pillar of the Legal Community Chief Obegolu, a Senior Advocate of Nigeria (SAN), has built a reputation as a paragon of integrity, professionalism, and service. Known for his unwavering dedication, Chief Obegolu hails from Anambra State and holds the esteemed title of the first son of Aniocha, also known as Akajiugo of Obeledu Kingdom. His stewardship and mentorship have impacted countless young lawyers, instilling a sense of purpose and commitment to excellence. As the 12th Presid

Otu Oka-iwu Abuja Collaborates with NOTAP To Promote Compliance and Authenticity of Brands.

A high-powered delegation from Otu Oka-iwu Abuja, led by its President, Chief Chidi Udekwe, recently visited the National Office for Technology Acquisition and Promotion (NOTAP) in Abuja. The meeting, held at NOTAP's office on Bluntyre Street, off Adetokunbo Ademola Crescent, Wuse 2, aimed to foster cooperation and ensure compliance with NOTAP's regulations among Igbo businessmen. The National Office for Technology Acquisition and Promotion (NOTAP) is a federal agency established to regulate the acquisition, transfer, and utilization of foreign technology in Nigeria. Its primary goal is to promote local innovation, entrepreneurship, and economic growth while preventing the exploitation of local industries. NOTAP's functions and duties include: - Registering technology transfer agreements - Evaluating and approving foreign technology contracts - Promoting local innovation and technology development - Ensuring compliance with intellectual property rights - Providi

The Otu Oka-iwu Abuja, Igbo Lawyers Group, warmly congratulates its esteem Member, Prof. Epiphany Azinge, SAN, on his emergence as the 14th Asagba of Asaba in Delta State.

The Igbo Lawyers Group, extends its warmest congratulations to one of its own, Prof. Epiphany Azinge, SAN, on his emergence as the 14th Asagba of Asaba in Delta State. This esteemed position was in recognition to Prof. Azinge's exceptional leadership qualities, legal expertise, and dedication to service. We are proud to see one of our own ascend to this revered throne and wish him a successful and peaceful reign. May his coronation bring joy and prosperity to the people of Asaba and beyond. Prof. Azinge, a renowned legal scholar and former Director-General of the Nigerian Institute of Advanced Legal Studies (NIALS), emerged as the most qualified candidate among 10 contenders from the Ugbomanta quarters. The selection process, announced by the Ochendo Ahaba (Regent), Anthony Edozien, was in line with the Traditional Rulers and Chiefs Edict of 1979 applicable to Delta State. Born on November 13, 1957, Prof. Azinge has had a distinguished career in law, serving as the 5th

Otu Oka-iwu Abuja Celebrates Member's Philanthropic Milestone Achievement

The Otu Oka-iwu Abuja, the umbrella body of Igbo lawyers practicing in Abuja, Nigeria, recently gathered to celebrate a remarkable achievement by one of its esteemed members, Chief Constance Ngozi Orji (Ada Igbo Ji Eje Mba 1). The occasion was the unveiling of her humanitarian initiative, "Mmiri Di n'Oko," a testament to her tireless commitment to philanthropy. In attendance were the President, Secretary, and other members of the Executive, including the National Publicity Secretary of the Nigerian Bar Association, Chief (Mrs) Bridget Edokwe. The launch of this initiative marked a significant milestone in Chief Orji's philanthropic endeavors, and Otu Oka-iwu Abuja was proud to be a part of it. Prior to the event, Otu Oka-iwu Abuja had engaged in discussions with the newly established NGO on potential collaboration opportunities to benefit "ndi igbo" held unconstitutionally in various correctional facilities within Abuja

Fidelis Oditah, QC, SAN, Denies Benefiting from $1.3 Billion Malabu Oil Deal

Fidelis Oditah, a Queen's Counsel and Senior Advocate of Nigeria (SAN), has categorically denied benefiting from the controversial $1.3 billion Malabu oil deal. Oditah's denial comes in response to a 2019 report by SaharaReporters, which alleged that he had testified in a Milan court as a consultant for Eni, one of the companies accused of corruption in the sale of the OPL 245 block in 2011. Oditah stated, "I have no interest whatsoever, direct or indirect, in OPL 245 and have never received any benefit from the US$1.3 billion Malabu payment. Neither has Indigo." He further clarified that his company, Indigo Drilling Limited ("Indigo"), did not drill the Etan oilfield in OPL 245 and was not even incorporated until six years after the drilling took place. Learned Silk, Oditah emphasized, "It is impossible to see how my shareholding in Indigo...could conceivably be evidence that I am a beneficiary of the Malabu payments made in 2011." ___________

A high profile lecturer and quintessential Bar Lady, Damn Ozioma Izuorah, Inspires Otu Oka-iwu Executive with Historical Lecture and Sage Advice.

Renowned author and lecturer, Dame Ozioma Izuorah, also known as 'The Lioness of the Bar,' captivated the Otu Oka-iwu Executive with a profound historical lecture, enlightening them on the creation and significance of Otu Oka-iwu, Abuja. Her words of wisdom and sage advice left a lasting impact on all who had the privilege of listening to her. Dame Izuorah, with her undeniable charm and eloquence, urged the Executive to prioritize unity and strive to eradicate divisiveness within the organization. She stressed the importance of focusing on programs that would serve the greater good, emphasizing the need for a comprehensive headcount of lawyers in Abuja, with a particular focus on those serving on the Bench. Dame Izuorah highlighted the necessity of ensuring that Igbo Lawyers receive the recognition they deserve within Abuja's legal community. Expressing her gratitude to the Executive for their visit, The Lioness offered her unwavering support to the administrati

Otu-Okaiwu Abuja Executive Pays Courtesy Visit to Dr. Sam Amadi

The executive members of Otu-Okaiwu Abuja, a prominent Igbo association, paid a courtesy visit to Dr. Sam Amadi, a well-known public analyst and constitutional lawyer. The purpose of the visit was to extend gratitude to Dr. Amadi for delivering a highly impactful lead speech at the Igba Boyi Endowment launch, which has had a lasting impact on the association's members. During the meeting, the association's executive members informed Dr. Amadi that they have received several applications for the implementation of the Endowment program. In response, Dr. Amadi expressed his unwavering support and commitment to actively participate in the association's activities. He also provided recommendations for programs aimed at fostering the growth and development of the association's members. The president of Otu-Okaiwu Abuja took the opportunity to update Dr. Amadi on the association's current positions and wish list. After thorough discussions, the asso