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As clear as this thread below is, some people still managed not to get it. Here’s a simpler version in Question & Answer format:
Q: Can the President unilaterally remove the CJN?
A: No. Const. S. 292 says he can only do so by an address supported by 2/3 of the Senate.
Thread...
Q: Can the President unilaterally remove the CJN?
A: No. Const. S. 292 says he can only do so by an address supported by 2/3 of the Senate.
Thread...
Q: Can the President suspend the CJN?
A: No. Only the NJC can suspend the CJN. The NJC is one of the Statutory Bodies created by Section 153(2) of the Constitution. Section 21 (b) of the 3rd Schedule gives them disciplinary powers over judicial officers including the CJN👇🏽
A: No. Only the NJC can suspend the CJN. The NJC is one of the Statutory Bodies created by Section 153(2) of the Constitution. Section 21 (b) of the 3rd Schedule gives them disciplinary powers over judicial officers including the CJN👇🏽
Q: Who are the members of the NJC?
A: The CJN (Chairman), the next most senior Supreme Court Justice (Vice Chair), President of the Court of Appeal, 5 retired Supreme Court Justices selected by the CJN, 5 Chief Judges of States selected by the CJN, others selected by the CJN👇🏽
A: The CJN (Chairman), the next most senior Supreme Court Justice (Vice Chair), President of the Court of Appeal, 5 retired Supreme Court Justices selected by the CJN, 5 Chief Judges of States selected by the CJN, others selected by the CJN👇🏽
Q: Can the CJN be a judge in his own case?
A: No. The legal maxim “Nemo judex in causa sua” literally means “No one should be a judge in his own case.”
A: No. The legal maxim “Nemo judex in causa sua” literally means “No one should be a judge in his own case.”
Q: Given the composition of the NJC, did the Constitution envisage a situation where the CJN will be the subject of disciplinary enquiry?
A: Probably not, otherwise it would have made some provision for how to handle it.
A: Probably not, otherwise it would have made some provision for how to handle it.
Q: Knowing that this is the situation, should the CJN have suspended indefinitely the sitting of the NJC planned for 15th January, for which all members had arrived Abuja?
A: We have finished with the Law part. You can make up your own mind about that. Personally, I think not.
A: We have finished with the Law part. You can make up your own mind about that. Personally, I think not.
Q: Was the CJN wrong not to have updated his asset declaration or fully declared all his assets?
A: If it is true, he was wrong. But we don’t know yet. It is still an allegation and he is innocent until proven guilty. Even a written admission of guilt must be validated in court.
A: If it is true, he was wrong. But we don’t know yet. It is still an allegation and he is innocent until proven guilty. Even a written admission of guilt must be validated in court.
Q: Should President Buhari have sworn in an “Acting CJN”?
A: Oh No!
Q: Should the Code of Conduct Tribunal have ordered the President to suspend the CJN?
A: Certainly Not!
Q: Should NJC have still sat regardless of the postponement by the CJN?
A: I personally think it should.
A: Oh No!
Q: Should the Code of Conduct Tribunal have ordered the President to suspend the CJN?
A: Certainly Not!
Q: Should NJC have still sat regardless of the postponement by the CJN?
A: I personally think it should.
Q: Who acted correctly in this case: CJN, CCT, NJC or Mr President?
A: In my view, none of them.
Q: How do we get out of this situation?
A: The issues must be tested in court and relevant parts of the Constitution amended.
End of simple version of previous thread!
A: In my view, none of them.
Q: How do we get out of this situation?
A: The issues must be tested in court and relevant parts of the Constitution amended.
End of simple version of previous thread!
