Thread by @aademoray

My take on the CJN imbroglio. It's a Q&A, kindly oblige me:
Q1. What is the offence of the CJN?: Undeclared assets Q2. Is the CJN guilty?: Yet unknown but he wrote a letter claiming he forgot Q3. Is this a breach of the law: Yes @toluogunlesi @ogundamisi @Mr_JAGs @chamberlainusoh

Q4. What Laws: 99Const Fifth Schedule Part I Code of Conduct for Public Officers General 3. …and such other public officers or persons as the National Assembly may by law prescribe shall not maintain or operate a bank account in any country outside Nigeria.

11. (1) Subject to the provisions of this Constitution, every public officer shall within three months after the coming into force of this Code of Conduct or immediately after taking office and thereafter -

a) at the end of every four years; and (b) at the end of his term of office, submit to the Code of Conduct Bureau a written declaration of all his properties, assets, and liabilities and those of his unmarried children under the age of eighteen years.

(2) Any statement in such declaration that is found to be false by any authority or person authorized in that behalf to verify it shall be deemed to be a breach of this Code. (3) Any property or assets acquired by a public officer after any declaration required under this...

Constitution and which is not fairly attributable to income, gift, or loan approved by this Code shall be deemed to have been acquired in breach of this Code unless the contrary is proved. Etc. So what happened next: The CJN was petitioned and charged to the CCT by the CCB

Q5 Why the CCT and not the NJC?: Because the Law says so and they are specific laws of 99 Constitution called the Code of Conduct Q6. Which Laws?: 99Const Fifth Schedule Part I Code of Conduct for Public Officers General:

12. Any allegation that a public officer has committed a breach of or has not complied with the provisions of this Code shall be made to the Code of Conduct Bureau.

13. A public officer who does any act prohibited by this Code through a nominee, trustee, or other agent shall be deemed ipso facto to have committed a breach of this Code.
Q7. Then again he is the CJN and not a public officer and why was the NJC not petitioned first?

No, CJN’s first a public officer employed as a judicial officer hence he must first fulfil the recommendation of the code of conduct before taking office 99Const Fifth Schedule General Part II: Public Officers for the purposes of the Code of conduct 1. The President of the Fed

2. The Vice-President of the Federation. 3. The President and Deputy President of the Senate Speakers and Deputy Speaker of the House of Representatives and Speakers and Deputy Speakers of Houses of Assembly of States, and all members and staff of legislative houses.

4. Governors and Deputy Governors of States. 5. Chief Justice of Nigeria, Justices of the Supreme Court, President and Justices of the Court of Appeal, all other judicial officers and all staff of courts of law.

99Const Chapter VII The Judicature Part II 290. (1) A person appointed to any judicial office shall not begin to perform the functions of that office until he has declared his assets and liabilities as prescribed under this Constitution...

...and has subsequently taken and subscribed the Oath of Allegiance and the Judicial Oath prescribed in the seventh Schedule to this Constitution.

Q8. So now the case is at the CCT what is expected of the CJN: As the head of the judiciary he’s supposed to step aside whilst the CCT determines his guilt/innocence to avoid conflict of interest, because after CCT the decision of the court will be transmitted to the NJC.

99Const Fifth Schedule Part I Code of Conduct for Public Officers General 1. A public officer shall not put himself in a position where his personal interest conflicts with his duties and responsibilities.

Q9. But why was the CJN suspended: The president received an order of the CCT that he should be suspend the CJN. Q10. What law supports this action: The Constitution is silent on suspension so the CCT used her discretion since the CJN will not recuse himself:

99Const Fifth Sch Part I Code of Conduct for Public Officers General 1. A public officer shall not put himself in a position where his personal interest conflicts with his duties and responsibilities.

Q11. But the Appeal court ordered status quo should be maintained: The CCT issued the order a day before the Appeal court’s decision and the president carried out the order suspending the CJN and replacing him with the 2nd next most senior Justice after him in Ag role for 3 mons

Q12. What law supports these actions: If you read this sections of the constitution you’ll understand why. Especially sec 292 is the law the people that are against the president’s action love to quote in the defense of their stance. So you have to pay attention and understand it

99Const Chapter VII The Judicature Part II 231. (4) If the office of Chief Justice of Nigeria is vacant or if the person holding the office is for any reason unable to perform the functions of the office,

then until a person has been appointed to and has assumed the functions of that office, or until the person holding has resumed those functions, the President shall appoint the most senior Justice of the Supreme Court to perform those functions.

(5) Except on the recommendation of the National Judicial Council, an appointment pursuant to the provisions of subsection (4) of this section shall cease to have effect after the expiration of 3 months from the date of such appointment, and the President shall not re-appoint

99Const Chapter VII The Judicature Part II 292. (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...by the President acting on an address supported by two-thirds majority of the Senate (ii) Chief Judge 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;

(b) in any case, other than those to which paragraph (a) of this subsection applies, by the President or, as the case may be, the Governor acting on the recommendation of the National Judicial Council that the judicial officer 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.

Explanation: So we are focusing on subsection (b) since we know the National Assembly is not yet in play here. This is my point, subsection (b) of this law says it’s only the NJC that can recommend the removal of the CJN to the president

before his removal can take effect based on the following offences:
(1) His inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) (2) or for misconduct or contravention of the Code of Conduct.

Again that is true but let us narrow it down to subsection (2) that our people conveniently leaves out, this offence here can only first be established by the CCT and no other court, not even the Supreme Court or NJC can establish a breach & equally take action before the CCT.

They simply do not have such jurisdiction and powers. My Submission: The NJC has no power/jurisdiction to investigate breach of Code of Conducts, as provisioned by the Constitution.

Therefore the CCT has the sole authority/jurisdiction over this case and all it has done so far is justified and within her legal framework as provided by the 1999 Constitution.

Conditions* as against offenses*