Inside Nigeria
Buhari Has Legal Right To Suspend Onnoghen — Itse Sagay
The chairman of the Presidential Advisory Committee Against Corruption (PACAC), Prof. Itse Sagay (SAN), on Friday, January 25, said President Muhammadu Buhari only obeyed a court order in suspending Chief Justice of Nigeria (CJN), Walter Onnoghen.
The Nation reports that he said the president’s action was in line with the rule of law as there was a valid order, which he obeyed.
According to Vanguard, Sagay said that Chief Justice Onnoghen’s removal was also morally justified as he had admitted that he did not fully comply with the assets declaration requirements.
The constitutional lawyer agreed that the Constitution empowers the president to remove the CJN through the Senate.
However, he argued that the president could also suspend the CJN pending when the Senate votes on whether the CJN should be removed or not.
According to him, the CJN could return to his post if the Senate does not remove him by a two-thirds majority.
Sagay said: “The suspension is morally justified and legally justified. Morally, he should not be in that office considering what has happened. Legally, the president has powers to remove him.
“The Code of Conduct Tribunal gave an order that the CJN should be removed from office. So, the President carried out a court order. “If anyone says it’s an exparte application, my answer is that all the orders they got from courts over the matter were ex-parte.
“If they have been using ex-parte, they have no moral right to quarrel if the prosecution applies the same method in one case as against four in their own case.
“So, the President was obeying a court order and for the rule of law to prevail, he should obey court orders. That’s number one.
“Two, without even going to court, Section 292 (1) of the Constitution provides for the CJN’s removal, including over a breach of the Code of Conduct. He has committed a breach of the Code of Conduct and he has admitted it.
“The only person who can remove the CJN in the Constitution is the President. The removal could take the form of presentation of the matter before the Senate by the President.
“The Senate cannot bring the matter before themselves, nor can the National Judicial Council. So, the president, in trying to exercise the power of removal of the Chief Justice for breach of Code of Conduct, can first suspend him. Hide original message
“He can then take his name to the Senate for consideration for permanent removal. If the case fails and the Senate cannot vote by two-thirds majority, then the CJN returns to his post.
“This is my own interpretation. “But the government has adopted the alternative option of obeying a clear court order which accords with the rule of law.”
Anonymous
January 27, 2019 at 12:04 am
Thunder fire your mouth old fool
Anonymous
January 26, 2019 at 11:33 pm
Which section of d constitution permit it n how can a lower house cct give order 2d President 2 suspend d upper house cjn/cjt without following due process. Only d nass n judiciary council has d power oh.
Anonymous
January 26, 2019 at 9:50 pm
Likewise he has legal right to sleep with your wife?
Anonymous
January 26, 2019 at 8:59 pm
How do supposed legal luminaries read the constitution upside down?
Anonymous
January 26, 2019 at 8:21 pm
did u see yorubas and Hausa people condemning this madness of our so called ur President de answer is no. biafra people let us go home ooooo
Anonymous
January 26, 2019 at 8:06 pm
Anuohia
Anonymous
January 26, 2019 at 7:50 pm
At this your age you are still talking rubbish turing white to black
Anonymous
January 26, 2019 at 7:47 pm
Executive rascality
Anonymous
January 26, 2019 at 7:44 pm
Thank you SIR
Anonymous
January 26, 2019 at 7:41 pm
Sagay is senile
Anonymous
January 26, 2019 at 6:54 pm
So,this man has not still be treated?
Anonymous
January 26, 2019 at 6:40 pm
This people is the one destroy the zoo
Anonymous
January 26, 2019 at 6:01 pm
Which section of the Nigerian constitution permit him to do that. He want to rige this election but God will never allow him to do so.
Anonymous
January 26, 2019 at 5:28 pm
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Anonymous
January 26, 2019 at 5:27 pm
Nonsense! How stupid do you think we are?
Anonymous
January 26, 2019 at 4:41 pm
See idiot old man. I wonder where u got ur law certificate
Anonymous
January 26, 2019 at 4:25 pm
Sorry
Anonymous
January 26, 2019 at 4:05 pm
The judiciary will react.
Anonymous
January 26, 2019 at 3:45 pm
supposed professor of law!!!
Anonymous
January 26, 2019 at 3:08 pm
You are a fool. As old as you are
Anonymous
January 26, 2019 at 3:08 pm
See one big imbecile talking, mental malfunction
Anonymous
January 26, 2019 at 3:05 pm
Very ash with this man
Anonymous
January 26, 2019 at 2:39 pm
PMB is undemocratic in nature. He believes that he is still in military regime.
Anonymous
January 26, 2019 at 2:36 pm
This man has no sound mind
Anonymous
January 26, 2019 at 2:36 pm
We know u as an idiot u don’t make sense while talking
Anonymous
January 26, 2019 at 2:29 pm
Useless man
Anonymous
January 26, 2019 at 2:26 pm
Senile old man, they are 2 of a kind .
Anonymous
January 26, 2019 at 2:02 pm
A big fool
Anonymous
January 26, 2019 at 1:53 pm
Stupid idiot.
Anonymous
January 26, 2019 at 1:48 pm
This guy is a drunkard…
Anonymous
January 26, 2019 at 1:45 pm
When old men begin to lie
Anonymous
January 26, 2019 at 1:49 pm
Ije Oma my dear, when old men begin to lie where does young ones do… We are meant to learn from them… So unfortunate that these men have sold there conscience for money…
Anonymous
January 26, 2019 at 1:44 pm
Beggar is making noise
Anonymous
January 26, 2019 at 1:38 pm
When a professor assert and reassert that 2*2=9, Nigerians we don’t need further proof of insanity.
Prof there is God oh
Anonymous
January 26, 2019 at 1:29 pm
Stupid man
Anonymous
January 26, 2019 at 2:18 pm
A legal hypocrite.
Anonymous
January 26, 2019 at 1:28 pm
You are just a foolish professor of law.very much ignorant of what you are defending.
Anonymous
January 26, 2019 at 1:11 pm
It is so disturbing that it’s this old people that are one of the major problems we have. Why should an old man like this be lying even when he knows the truth ?
Anonymous
January 26, 2019 at 1:11 pm
Truth has been murdered in Nigeria .
Anonymous
January 26, 2019 at 1:09 pm
Half baked, inconsistent, careless scholar.
Anonymous
January 26, 2019 at 1:06 pm
Money legal professor carry go,we are learning a.b.c.of constitution. Let them go to Court ,so we can see the holes in our constitution
Anonymous
January 26, 2019 at 1:04 pm
Tell us what the constitution says and forget morality and integrity
Anonymous
January 26, 2019 at 1:03 pm
Curse upon you and your entire generations, thunder fire you
Anonymous
January 26, 2019 at 1:01 pm
By men looking’ u see that u are a coward and fool by saying such…….. Idiot.
Anonymous
January 26, 2019 at 12:53 pm
Defending Buhari makes an intelligent man look like an idiot. If you doubt it, ask Keyamo, Osinbajo, Itse Sagay, Joe Igbokwe etc.
Anonymous
January 26, 2019 at 12:52 pm
APC professor of law has spoken.
Anonymous
January 26, 2019 at 12:50 pm
Somebody here is worse than a stooge.
Uc
January 26, 2019 at 1:50 pm
Who ever that say Any evil in this country I no that one day Buhari will be out
Anonymous
January 26, 2019 at 12:49 pm
Professor my foot.
Your education was a waste.
Anonymous
January 26, 2019 at 12:48 pm
Useless professor
Anonymous
January 26, 2019 at 12:47 pm
Shut up,fake lawyer
Anonymous
January 26, 2019 at 12:46 pm
only you know the law in Nigeria
Anonymous
January 26, 2019 at 12:44 pm
No more Nigeria
Anonymous
January 26, 2019 at 12:44 pm
Foolish old fools