Does the president have the exclusive right to hire and fire judicial officials without constitutional provisions to be fulfilled?
Here is what the constitution says:
(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 of Judge of the Federal High Court, Chief Judge of the High Court of the Federal Capital Territory, Abuja, Grand Kadi of the Sharia 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;
(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.
Democracy in real threat!
IPOB will always be vindicated. We don't double-speak. Yes, uniting and resisting the tyrant and the system not through your worthless PVC but through popular mass movement and uprising as IPOB has advocated.
Do you think that Onoghen will come back?Not under this fulani Islamic regime. Your vote can neither count. You may replace the existing CJN with another fulani but Onoghen will never come back so forget it. The only way to seek justice is to seek unity of both upland and coastal regions of biafraland and embark on bringing this evil empire to a halt through mass grassroots civil action and not revolution through your vote or worthless PVC.
What will happen on 16th February and subsequently would be sunami of seismic propogations of rigging, intimidation and manipulations to keep the incumbent in power or military take over as a result of what will follow .Boko Haram, the standing army of Fulani is on stanby.By that time , all of you against IPOB will mourn, now you are only crying.
Mazi Uche Okafor-Mefor
IPOB Deputy Leader Worldwide.
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TBRV | Biafra
"If you doubt me that the 2019 presidential election is already rigged, you will be convinced when the cabal moves against the Chief Justice of Nigeria in the coming weeks”- Nnamdi Kanu, December 2018.
Despite the outrage all over the country about the illegal and unconstitutional removal of CJN Walter Onnoghen, the first southern CJN in 32 years, Buhari has not only sworn in a northern Muslim Professor of sharia law and a former member of the Bauchi state Sharia Court of Appeal as his replacement but he has also responded by appointing yet another northern Muslim as head of the National Population Commission.
Buhari has finally put a nail in the coffin of the concept of Nigerian unity and we may never recover from it. Given what we have witnessed over the last three years and what he has subjected the indigenous people of the geographical space called Nigeria to, I have come to the conclusion that this country cannot work and that we should all go our separtate ways.
All those that supported Buhari and put him in power in 2015 are to blame for the mess that we are in today and no-one else.
They include some of those like Atiku and Saraki who have now seen the light and are fighting him and so many others. We warned them at that time but they would not listen and instead they insulted us and laughed us to scorn.
Well they are not laughing anymore and the monster that they created and put into power 3 years and 6 months ago is now out of control and has divided and destroyed our nation.
Their Buhari has killed Nigeria. He has killed Nigerian unity and he has killed the Nigerian dream. Things can never be the same again.
Those of us that have been sounding the alarm for the last few years have now been vindicated. Now is the time for us to take our destiny into our own hands, redefine this country and forge a new beginning.
Nigeria is not a nation and neither can she ever be a country that is truly united and at peace with herself. Buhari's Fulani cabal are nothing but crude vandals and primitive conquerors of the Nigerian space. It is time for us to go our separate ways. Oil and water do not mix.
"If Nigerian President Can Easily Remove Their Chief Justice Without Protocol, Then That Country Is Speedily Drifting Towards Anarchy".
~~ Says Ex-British Prime Minister David Cameron
Ezeobi Jonel Chijioke
“The Embassy of the United States is deeply concerned by the impact of the executive branch’s decision to suspend and replace the Chief Justice and head of the judicial branch without the support of the legislative branch on the eve of national and state elections.
We note widespread Nigerian criticism that this decision is unconstitutional and that it undermines the independence of the judicial branch. That undercuts the stated determination of government, candidates, and political party leaders to ensure that the elections proceed in a way that is free, fair, transparent, and peaceful – leading to a credible result.
We urge that the issues raised by this decision be resolved swiftly and peacefully in accordance with due process, full respect for the rule of law, and the spirit of the Constitution of Nigeria. Such action is needed urgently now to ensure that this decision does not cast a pall over the electoral process.”
The Southern and Middle Belt Leaders’ forum has described the suspension of the Chief Justice of Nigeria (CJN), Walter Onnoghen by President Muhammadu Buhari as a coup against constitutional democracy.
In a statement signed by Chief E K Clark (South South), Ayo Adebanjo (South West), Chief John Nwodo (South East) and Dr Pogu Bitrus (Midddle Belt), the leaders in a statement titled ‘Constitutional Crisis As Buhari Illegally Suspends CJN’ , said they have checked through the constitution and found out that President Buhari lacks the power to suspend the CJN unilaterally except by 2/3 of the National Assembly.
The statement reads: “The attention of Southern and Middle Belt Leaders has been drawn to a coup against Constitutional Democracy in Nigeria by President Muhammadu Buhari by the Suspension of CJN Walter Onnoghen this evening and swearing in a replacement.
This is a constitutional crisis foisted by desperation and morbid desire to foist rule of thumb.
“We have checked through the constitution and the President has no power to unilaterally suspend the CJN.
“Section 292 of the amended 1999 Constitution is clear that the President can only remove the CJN with 2/3 of Senate resolution.
“To us what has been done is resort to self-help after the Court of Appeal issued an order stopping the trial of the CJN by the CCT presided over by a man answering charges in court over corruption allegations but still in office.
“The latest action is a clear suspension of the constitution and enthronement of full blown dictatorship.
“We reject the illegal suspension and demand its immediate reversal.
The suspension is null and void and of no effect whatever.
“An emergency meeting of the Forum holds shortly on this total aberration.
We call on all Nigerians to wake up to the reality that our democracy is now under threat and use all constitutional means to defend it.
We must not surrender to this authoritarian rule.”