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

The First Major Casualty of Section 83 of the Electoral Act 2026 May Have Emerged

The recent decision of the Federal High Court in Fubara Dagogo v. All Progressives Congress (APC) & 3 Ors., Suit No. FHC/ABJ/CS/591/2026 delivered by Justice Joyce Abdulmalik, represents a significant development in Nigeria’s pre-election jurisprudence. In that case, the court struck out the suit challenging the APC National Congress and proceeded to award punitive costs of ₦10 million each against the plaintiff, Mr. Fubara Dagogo, and his counsel, Chief Sir O.A.U. Onyema, for what the court considered a frivolous and non-justiciable action. The court held that the dispute arose purely from the internal congress and nomination processes of the political party and therefore fell outside the jurisdiction of the court by virtue of Section 83(5) of the Electoral Act 2026.  Justice Abdulmalik maintained that there was no allegation or proof of any breach of the Constitution, the Electoral Act, or the party’s constitution and guidelines capable of warranting judicial inte...

FORMER PRESIDENT GOODLUCK JONATHAN, TOP JUDICIAL OFFICERS, NBA PRESIDENT, OTHERS TO GRACE 2026 UNITY BAR LAW WEEK OPENING CEREMONY

The Nigerian Bar Association, Abuja Branch (Unity Bar), is set to host an array of distinguished personalities at the Opening Ceremony of its 2026 Law Week, with former President of the Federal Republic of Nigeria, , confirmed as the Special Guest of Honour. The highly anticipated event is also expected to witness the attendance of the Honourable Chief Judge of the Federal Capital Territory High Court, Justices of the Court of Appeal, the President of the Nigerian Bar Association, as well as several eminent jurists, senior lawyers, public office holders and other notable dignitaries from across the country. In view of the calibre of personalities expected at the event and the accompanying security arrangements, members of the Branch have been advised to be seated at the venue on or before 1:30pm, ahead of the arrival of the former President who is expected to be seated by 1:45pm. According to a statement issued by the Publicity Secretary of the Branch, Zacchaeus Akubo, ...

OTU OKA-IWU ABUJA SETS AGENDA ON RESTORATIVE JUSTICE REFORMS

In a continued effort to deepen legal discourse and professional development among its members, Otu Oka-iwu Abuja (the association of Igbo lawyers in the Federal Capital Territory) has announced its forthcoming general meeting, scheduled to hold on Friday, 22 May 2026. The meeting, which will take place at Hall 3, Novare Shopping Complex, Wuse Zone 5, Abuja, is expected to convene a distinguished gathering of learned seniors and colleagues within the legal profession. Proceedings will commence promptly at 4:00 PM, with Chief Okechukwu Ajunwa, SAN, graciously serving as host. A major highlight of the meeting will be the association’s Learning Series, designed to promote continuous legal education and engagement with emerging trends in jurisprudence. This edition will feature Mrs. Miriam Komboh-Eze, Director of the Restorative Justice Centre, Abuja Multi-Door Courthouse (AMDC), who will deliver a thought-provoking presentation on the theme: “Restorative Justice...

NBA Anaocha Branch Honours Okey Wali, SAN with Hall Naming Recognition.

NBA Anaocha Branch Names Hall After Okey Wali, SAN The (NBA), Anaocha Branch (Family Bar), has resolved to name its main meeting hall after the 26th President of the Association, . This decision was reached during the Branch’s monthly general meeting, where members unanimously approved the naming of the hall as “Hon. Okey Wali, SAN Hall of Honour.” The honour is in recognition of Okey Wali, SAN’s outstanding contributions to the legal profession, as well as his enduring support and commitment to the growth and unity of the Nigerian Bar, particularly the Anaocha Branch. According to the Branch, the resolution reflects deep appreciation for his legacy of service, leadership, and dedication to the advancement of justice and the rule of law. The formal naming and commissioning of the hall will take place during the Branch’s 2026 Law Week , scheduled to commence on May 8, 2026 . The event is expected to attract members of the Bar, senior advocates, and key stakeholders wi...

Justice Delivery and Prevailing Conflicting Judgments: An Imperative for Urgent Judicial Reforms

I had the rare  privilege of participating as a panelist at the Biennial Law Week of the Nigerian Bar Association, Anaocha Branch, Anambra State this weekend,  where distinguished Professors of Law, Justices of various courts, Senior Advocates of Nigeria, and legal scholars gathered to interrogate one of the most pressing challenges confronting the Nigerian judiciary today: "the growing menace of conflicting judgments and the urgent need for judicial reforms". The topic was not only timely but fundamental to the survival of public confidence in the administration of justice. A judiciary that speaks with contradictory voices weakens the rule of law, undermines democratic stability, and erodes citizens’ faith in the courts as impartial arbiters of justice. Conflicting judgments occur when courts of coordinate jurisdiction issue inconsistent decisions on the same subject matter, thereby creating uncertainty and confusion in the legal system. Unfortunately, this distu...

The Value of Legal Practice and the Dignity of the Profession.

The statement by that “Do not be a lawyer who charges so low that your clients do not understand the value of the profession” is not merely a comment about legal fees; it is a profound reminder about the dignity, value, and integrity of legal practice. Law is a noble profession built on years of rigorous academic training, discipline, sacrifice, and continuous learning. Every lawyer invests enormous time, resources, and mental energy in acquiring the knowledge and skills required to represent clients effectively. Beyond the years spent in universities and the Nigerian Law School, legal practitioners daily bear the burden of advocacy, research, drafting, negotiations, court appearances, and the responsibility of protecting the rights and interests of clients. Unfortunately, the increasing trend of underpricing legal services has continued to diminish the perceived value of the profession. When lawyers charge excessively low fees merely to attract clients, it sends a dan...

EMEKA OBEGOLU, SAN, CHARGES COLLEAGUES TO EMBRACE EXCELLENCE AND PRODUCTIVITY

Distinguished legal practitioner, President of the Abuja Chamber of Commerce and Industry, and former Chairman of the NBA Annual General Conference Planning Committee for the 2025 Conference held in Enugu, , has charged colleagues across the legal profession to embrace excellence, diligence, and productivity as a new week begins. Chief Obegolu, SAN, who currently serves as Consultant to the NBA National Conference Committee, delivered the message in a goodwill remark to members of the Bar, stating: “Good morning distinguished colleague. I wish you a successful week.” The concise but inspiring message reflects the spirit of professionalism, unity, and encouragement that continues to define the Nigerian legal community. Widely respected for his leadership roles within both the legal and business communities, Chief Obegolu, SAN, has remained committed to promoting institutional growth, mentorship, and professional development. Members of the legal pr...

OTU OKA-IWU ABUJA Commends Rt. Hon. Deputy Speaker of the House of Representatives for The South East Development Commission (SEDC) Establishment and plauds his Efforts and that of President Bola Ahmed Tinubu in Achieving this Significant Milestone.

The establishment of the South East Development Commission (SEDC) in Nigeria's southeast region has brought a sense of hope and optimism for progress and development. OTU OKA-IWU ABUJA, a prominent  advocacy Igbo Lawyers Abuja group, commends the Deputy Speaker of the House of Representatives, Rt Hon Ben Okezie Kalu, for his commendable efforts in achieving this significant milestone. The organization also applauds President Bola Ahmed Tinubu for his support,o commitment, and assertion in ensuring the successful passage of the SEDC bill. The South East region of Nigeria has long been yearning for attention and investment in its infrastructure, economy, and social development. As a result, the establishment of the SEDC marks a monumental step towards addressing these concerns and catering to the needs of the people in the region. OTU OKA-IWU ABUJA praises the Deputy Speaker for his dedication, perseverance, and hard work in pushing for the establishment of the SEDC. His ...

South East Development Commission (SEDC) Establishes Hope for Progress in Southeast, Nigeria.

  OTU OKA-IWU ABUJA Commends, Mr President Bolo Ahmed Tinubu, Deputy Speaker House of Representatives, Rt. Hon Ben Okezie Kalu, for The Efforts put together in Achieving this Significant Milestone. The establishment of the South East Development Commission (SEDC) in Nigeria's southeast region has brought a sense of hope and optimism for progress and development. OTU OKA-IWU ABUJA, a prominent  advocacy Igbo Lawyers Abuja group, commends the Deputy Speaker of the House of Representatives, Rt Hon Ben Okezie Kalu, for his commendable efforts in achieving this significant milestone. The organization also applauds President Bola Ahmed Tinubu for his support, commitment, and assertion in ensuring the successful passage of the SEDC bill. The South East region of Nigeria has long been yearning for attention and investment in its infrastructure, economy, and social development. As a result, the establishment of the SEDC marks a monumental step towards addressing...

Otu Oka-iwu, Abuja congratulates the Judges of the FCT High Court and Justices of the Court of Appeal sworn in today by the Chief Justice of Nigeria; Hon Justice Ariwoola.

The President of Otu-Okaiwu Abuja made the statement as follows; The appointment is commendable because the increase in the number of Judges and Justices will help with the challenges of work load and the time lag it takes to conclude a case in the respective courts.                          Chief Chidi Udekwe,                President of Otu-Okaiwu Abuja. While we felicitate with the appointees, we note that in the FCT High Court, each State is represented at the Bench. However, our attention is drawn to the fact while other states are represented, Ebonyi State has no representation to reflect the federal character system as required in the composition of the Judges of the FCT High Court. Ebonyi State undoubtedly has produced fine legal minds in the country. We are therefore concerned that the state is not represented in the FCT High Court. For fairness and equity, we he...