Although  the National Judicial Council has the power, under  the Third Schedule, Part I, Paragraph I, Section 21(b) of the Constitution  to recommend to the President the removal from office of the President of the Court of Appeal and exercise “disciplinary control” over him, it is clear that by virtue of Section 292(1)( a) of the Constitution of the Federal Republic of Nigeria, 1999, any recommendation of removal of the President of the Court of Appeal from his Judicial Office can only be effected by the President, acting on an address supported by two-thirds majority of the Senate.

For the avoidance of doubt, the said Third Schedule, Part I, Paragraph I, Section 21(b) of the Constitution provides that “ the NJC shall have power to recommend to the President the removal from office  of (the Chief Justice of Nigeria, the Justices of the Supreme Court, the President and Justices of the Court of Appeal, and the Chief Judge and Judges of the Federal High Court) and to exercise disciplinary control over such officers”

Section 292(1)( a)(i) of the Constitution of the Federal Republic of Nigeria, 1999 provides that “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 the Chief Justice of Nigeria,  the President  of the Court of Appeal, the Chief Judge of the Federal High Court, Chief Judge of the  High Court of the Federal Capital Territory, Abuja, Grand Khadi 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( of Nigeria), acting on an address supported by two-thirds majority of the Senate, 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 body) or for misconduct or contravention of the Code of Conduct”.


It is our contention that just as in the case of removal of the President of the Court of Appeal from office, any exercise of power of “disciplinary control” over him, such as this suspension, must be subject to the approval of the President, acting on an address of two-third majority of the Senate.  The correct interpretation of the above-cited provisions of the Constitution is that if the President of the Court of Appeal can only be removed from office only when a two-third address of the Senate directs the President to do so, in the same vein, the President of the Court can only be effectually and consummately suspended from office by the NJC, with a two third endorsement of the Senate and a decision of the President to that effect. This is the principle of checks and balances that is crafted into the Constitution.

i. Because they are not as daft and impulsive as you are.

Section 292(1)( a)(i) of the Constitution of the Federal Republic of Nigeria, 1999 provides that “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 the Chief Justice of Nigeria,  the President  of the Court of Appeal, the Chief Judge of the Federal High Court, Chief Judge of the  High Court of the Federal Capital Territory, Abuja, Grand Khadi 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( of Nigeria), acting on an address supported by two-thirds majority of the Senate, 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 body) or for misconduct or contravention of the Code of Conduct”.
 

Beaf:

ACN judge has been suspended. Why una de cry na?
Should a judge have political controversies hanging around his neck and sprouting from his pockets?

The law and constitution have taken their cause, it is for the civilised among us to take it with manful wisdom. T[b]he judiciary is not a political football[/b].

lagerwhenindoubt:

@BEAF on the move again,  but at least look at this introspectively, do you still stand on the podium of political progress and enthronement of democratic priniples as you claimed in your heydays as GEJ voluntary campaign commander The Institution known as the NJC is not a political football but its members are

lagerwhenindoubt:

@BEAF on the move again, but at least look at this introspectively, do you still stand on the podium of political progress and enthronement of democratic priniples as you claimed in your heydays as GEJ voluntary campaign commander The Institution known as the NJC is not a political football but its members are

Uche2008:

Look did the NJC meet, the answer is no. Justice Mustapher and some northern members of the NJC does not mean the NJC had a meeting. No document was send to the members of NJC. The Nigeria bar association did not attended because they did not know.

How many members of the NJC took the decision. Not even 2/3 of the NJC. Even the said Chief Justice did not attended. When did the constitution of Nigeria state that Justice Mustapher is now NJC. Mustapher and his cabal do not constitute as NJC meeting.

2 You can not ask Junior Judge to determine a case of a senior Judge. Only SAN or senior lawyers can do that. But the people who did are young northerner lawyer.

So if only northern members of the NJC meet. do you expect anyone to agree with the decision.

The issue is Jonathan Goodluck is been silly. He does not know that Justice Katsina alu and the Northerners in the NJC are only setting up for impeachment. Nigeria laws state that if a case is in court, you cant suspend or fire the person. Justice Katsina alu knows this. All they are doing is using the law as northerners to impeach Jonathan Goodluck.

1stCitizen:

@x-factoria
Your statement above reveals the level of immaturity that exist in your moronic brain. What is the difference between you and the egba General who had an opportunity to rubbish IBB's evil tenure but rather chose to sink into the depths of stupidity by attacking the latter's personality. People like you are the reason why we are where we find ourselves in Nigeria. Tackle the issues raised rather than being a cretin.

So the Nigerian NBA, Fashola and Soyinka are daft? Please read the quote below, note the bolded and educate yourself.

X-factoria:

Guy, I made that statement so that when you realize how painful it is to be referred to as "daft" you will excercise caution in joining the bandwagon next time. Soyinka, Fashola et al were wrong. They are human beings and can make mistakes. You should rather have studied the arguments for and against very well before rushing to make a wrong conlusion.

Section 292 of the constitution talks about removal not suspension. Salami has only been suspended on disciplinary grounds by NJC (and it is within its power to so do)and since the position of the PCA cannot be vacant, Jonathan appointed an acting - PCA. Although, the NJC also recommended that the President should commence the process of his removal, the President has not acted on that recommendation yet and nothing says he will still not do that. He has enough time to study the scenario before deciding that.

maclatunji:

Stop lying, the NJC recommended Salami's suspension, Salami went to court to challenge that recommendation, GEJ now jumped to act on the recommendation of the NJC (a clear case of subjudice). Let us make it clearer.

1. NJC recommends Justice Salami's suspension to President Jonathan. (Action 1)

2. Salami goes to court to challenge Action 1. (Action 2): This is where we should be at the moment.

3. President Jonathan goes ahead to suspend Justice Salami based on Action 1. (Action 3). This should never have happened and is an illegality of impeachable proportions.

In fact it is a nullity and does not have any effect, Justice Salami is still the President of the Court of Appeal as we speak. (under law).

Make no mistake my people, we are in a crisis that might linger for the next 10 years if the right thing is not done now!

Uche2008:

Look did the NJC meet, the answer is no. Justice Mustapher and some northern members of the NJC does not mean the NJC had a meeting. No document was send to the members of NJC. The Nigeria bar association did not attended because they did not know.

How many members of the NJC took the decision. Not even 2/3 of the NJC. Even the said Chief Justice did not attended.  When did the constitution of Nigeria state that Justice Mustapher is now NJC.  Mustapher and his cabal do not constitute as NJC meeting.

2 You can not ask Junior Judge to determine a case of a senior Judge. Only SAN or senior lawyers can do that. But the people who did are young northerner lawyer.

So if only northern members of the NJC meet. do you expect anyone to agree with the decision.

The issue is Jonathan Goodluck is been silly. He does not know that Justice Katsina alu and the Northerners in the NJC are only setting up for impeachment.  Nigeria laws state that if a case is in court, you cant suspend or fire the person. Justice Katsina alu knows this. All they are doing is using the law as northerners to impeach Jonathan Goodluck.

musiwa.,.:

you are funny, the president have no power to nominate an acting court of appeal president. only NJC has the power to nominate.   they are using the law to trap him.

musiwa.,.:

you are funny, the president have no power to nominate an acting court of appeal president. only NJC has the power to nominate.   they are using the law to trap him.

maclatunji:

Stop lying, the NJC recommended Salami's suspension, Salami went to court to challenge that recommendation, GEJ now jumped to act on the recommendation of the NJC (a clear case of subjudice). Let us make it clearer.

1. NJC recommends Justice Salami's suspension to President Jonathan. (Action 1)

2. Salami goes to court to challenge Action 1. (Action 2): This is where we should be at the moment.

3. President Jonathan goes ahead to suspend Justice Salami based on Action 1. (Action 3). This should never have happened and is an illegality of impeachable proportions.

In fact it is a nullity and does not have any effect, Justice Salami is still the President of the Court of Appeal as we speak. (under law).

Make no mistake my people, we are in a crisis that might linger for the next 10 years if the right thing is not done now!

X-factoria:

Guy, I made that statement so that when you realize how painful it is to be referred to as "daft" you will excercise caution in joining the bandwagon next time. Soyinka, Fashola et al were wrong. They are human beings and can make mistakes. You should rather have studied the arguments for and against very well before rushing to make a wrong conlusion.

Section 292 of the constitution talks about removal not suspension. Salami has only been suspended on disciplinary grounds by NJC (and it is within its power to so do)and since the position of the PCA cannot be vacant, Jonathan appointed an acting - PCA. Although, the NJC also recommended that the President should commence the process of his removal, the President has not acted on that recommendation yet and nothing says he will still not do that. He has enough time to study the scenario before deciding that.

Once a civil matter is placed before a court or judicial tribunal for adjudication, parties to the court action must refrain from doing anything capable of overreaching, undermining or foisting a fait accompli on the court. Doing so will not only be tantamount to subverting the rule of law, but also will amount to treating the court with contempt, the punishment of which is imprisonment”. The rule was laid down by the Supreme Court in the case of Governor of Lagos State vs Ojukwu (1986). Furthermore, the NJC “can only, competently, recommend his suspension, to the President, in deserving cases, and the President can only act on such recommendation if it is supported by a two-third address of the Senate

1stCitizen:

@X-factoria
I have bolded a part of your statement above so you can always reflect on your foolish reason given for sounding not only like a 3 year old but a 3 year old m0ron.

If you have not had a lobotomy that went wrong as I suspect, you should be able to digest the quote below and realise the the truth about your idiocy stares right back at you in the face.

What is suspension, olodo? Its temporary debarment, cessation or removal. Now show me where the constitution made a differentiation between temporary removal and permanent removal or rather the general term-removal, which encompasses both types.

You see why Nigeria is in its present state? because of the likes of you. It beats my imagination that you think Nigerians are as dumb as you and your PDP co-travellers. They have left you behind. Initially you gave reasons for his removal. Now you have done a turn around on the presentation of superior arguments to interpret it as mere suspension which in itself was also executed unconstitutionally as it amounts to removal. I weep for this country. You stand there happy while the NJC and clueless JO make a mockery of the only arm of government that the common man pins his hopes on. Shame on you and those NJC members who refused to accept a court summons for days. shame on you.

X-factoria:

Did the court issue an injunction to stop the President from acting on the recommendation of the NJC? Capital No!

Salami has the right to challenge the decision but that a court case has been filed does not stop the President from acting on the recommendation in as much as the court did not order a stay of action. Get it?

Jonathan has not done anything wrong!!! All the cries you hear around are based on sentiments!!!

maclatunji:

Keep lying to yourself. If going to court was not meant to prevent his suspension, why would Justice Salami go to court? And I guess you are more learned than the Nigerian Bar Association. Keep encouraging illegality until it consumes you.

X-factoria:

I'm amazed you are still holding on to your ignorance. I will attempt to educate you in few lines:

1. Don't always allow sentiments to becloud your ability to reason logically. I see that in Nigeria, the person who the masses adjudge to be right is the man who can make the most noise. ACN and other opposition party to the PDP know that and are using it well. That is why somebody like you will confuse suspension with removal or sack.

2. Section 298 of the constitution talks about the event of the removal of the PCA. That is when the Presidency needs to get 2/3rd of Senate votes. In this case, the NJC suspended Salami and recommended his removal to the Presidency. The Presidency has no power under the constitution to upturn a disciplinary verdict of the NJC because the NJC has that exclusive power on judicial officers as spelt out in the constitution (see my previous post up there for details). The President has also not implemented the recommendation of the NJC to remove Salami.

3. The President only moved to invoke section 292 of the constitution to appoint a Judge in acting capacity so as to address the vaccum created by Salami's suspension (note the word - acting) and the implication that will have on the administration of justice at the court of appeal. The office of the PCA cannot be vacant at any time and the President would have been irresponsive by not addressing the vaccum since he is the one empowered by the constitution to so act.

4. Salami is challenging his suspension in court and until the case is determined, he stands suspended and cannot perform the role of the PCA albeit the court did not issue an injunction to stop the President from acting on the recommendation of the NJC.

5. Salami has no business with the President but the NJC. It was not Jonathan that suspended him but the NJC. Jonathan also has no power to overrule the NJC because of the principle of seperation of power enshrined in the constitution. The NJC is the highest regulatory body to the Judiciary. So this is exclusively a Judiciary affair. Can you see your ignorance

At least you are a bit literate. Please go and read this sections up and understand the facts before making misguided statements on impeachment.

X-factoria:

Members of the NBAs can be wrong. And I'm saying they are wrong in this cae. Quote me anywhere. Most of them are small lawyers that cannot even clean the boots of Supreme Court Judges and members of the NJC. Tell them I told you so.

maclatunji:

I guess you will say anything to justify the indefensible.
This will not go away, and guys like you are encouraging GEJ to dig himself deeper in this mess. It is only a matter of time, the truth will be exposed.

I will create a thread to treat the farcical explanation given by the man who "had no shoes" through his lackeys.