Thread by @DrJoeAbah

I have read Mr President’s address on the suspension of the Chief Justice of Nigeria. Section 292 of the Constitution is clear on how the Chief Justice can be removed. There are 2 ways:
1. The President acting on an address supported by two-thirds majority of the Senate;

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2. The President acting on the recommendation of the National Judicial Council.

The question is: Is a SUSPENSION a REMOVAL from office, as stated in the Constitution? In its ordinary meaning, a suspension is a TEMPORARY separation from duties. So, Section 292 doesn’t apply.

The next question is who is empowered to suspend a judge? The National Judicial Council has the Constitutional power to recommend the removal of a judge to the President AND TO EXERCISE DISCIPLINARY CONTROL OVER THEM. Suspension from office is part of normal disciplinary control.

Therefore, it is clear that the power to suspend rests with the NJC, not with the President or the Senate. The problem is that the Chief Justice of Nigeria is the Chairman of the NJC. Council meetings can usually not be convened without the Chairman. What if the Chairman refuses?

An order of the Code of Conduct Tribunal directing the President to suspend the CJN is unknown to the Constitution and cannot be superior to the Constitution. Such an order should have been directed to the NJC, not the President.

The CJN should then have recused himself from the NJC meeting or he should have been recused by the next most senior Justice of the Supreme Court who is the Deputy Chairman of the NJC. This is because the CJN cannot be a judge in his own trial.

As a lawyer, I find this whole saga to be truly sad. In my humble opinion, the Chief Justice, the National Judicial Council, the Code of Conduct Tribunal & Mr President have each not acted correctly. However, I am a non-practicing lawyer & my Law is rusty. I could be wrong. End.