Re: SV: USA Africa Dialogue Series - CJN: Trivializing the Matter by Ethicists

Totally in agreement with you Baba Kadiri   For the first time since the Buhari governmenrts determination to square up to the law breakers posing as lawmakers government received the most impeccable legal advice.  This indeed is a watershed.. With this situation Sarakis case and other filibustering public officers can be re-opened and justice done by the people.

With such self admission by the suspended judge the only logical thing is resignation and not  wastage of court time.  As they say those who seek justice at equity must come with clean hands.the suspended judicial officer has admitted in writing his hands are not clean. 

 Defence lawyers should take their job more seriously.  They should by now be considering plea bargain in which more crooked judicial officers who passed back handers to him are identified and flushed out of the system for a thorough cleansing of the judicial system.  Then comes the sanitisatiin of the police system.

Sanitizing the policing system I insist requires the institution of the police's police answerable not to the forces pecking order but directly to the presidency as well as the Chief of Defence Staff and the Minister of Defence.  

Officers in this cadre would be apoointed on two years renewable contract based on performance and rank and promotion will be recommended by the Chief of Defence staff to the President based on performance.  Retention and advancement cannot be justified if corruption is discovered in the police patch they cover.  These measures would form the basis of turning the bulwark of Nigeria s corruption index around.  Without first sanitizing Nigeria s policing and judicial system no anti ccorruption measure stands a chance.

OAA.

Sent from my Samsung Galaxy smartphone.

-------- Original message --------

From: Salimonu Kadiri <ogunlakaiye@hotmail.com>

Date: 28/01/2019 14:09 (GMT+00:00)

To: usaafricadialogue@googlegroups.com

Subject: SV: USA Africa Dialogue Series - CJN: Trivializing the Matter by Ethicists

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​Those who ruin the law in Nigeria characterize their action as the rule of law and there are many pettifogers who regard and applaud the ruin of law as due process. The chief law officer of Nigeria admitted in writing to have contravened the Code of Conduct Bureau Act by failing to declare his assets when due, a failure, which according to the rule of law is a crime. What does rule of law demand in such situation? The violator of Code of Conduct Bureau Act should be prosecuted at the Code of Conduct Tribunal, the only court of jurisdiction which is constitutionally empowered to hear the case and take decision. Is Chief Justice Onnoghen immune from prosecution while in office? No, he is not because Section 308 of the 1999 Constitution as amended grants immunity only to the President, Vice President (of Nigeria), Governors and their Deputies in all the 36 States of Nigeria. Judicial Officers from Chief Justice downwards do not enjoy immunity from civil and criminal trial while in office. Is it required by the CBB Act that CBB should consult or obtain the approval of National Judicial Council before prosecuting a Judicial Officers that has broken the CBB Act? There is no such requirement. Chief Justice Onnoghen is the Chairman of National Judicial Council (NJC), and when it became known to him that the CCB was going to file a criminal charge against him why didn't he convene an emergency meeting of NJC to determine whether a disciplinary action against him was required or not? Chief Justice Onnoghen is a judicial Maradona, dribbling the rule of law to attain the ruse of law. Chief Justice Walter Samuel Nkanu Onnoghen was to be arraigned at CCT on Monday, 14 January 2019 and incidentally he had convened the 88th meeting of the NJC scheduled to take place on 15 January 2019 in Abuja. Justice Onnoghen hurriedly postponed the NJC meeting indefinitely, knowing fully well that members of NJC were already in Abuja for the 88th meeting. The postponement of NJC meeting was an excellent dribble of the law by Justice Onnoghen in order to prevent the NJC from deliberating on his case and to avert possible disciplinary measure against him. http://www.saharareportes.com/2019/01/25/exclusive-how-onnoghen-postponed-njc-meeting-indefinitely--fear-being-suspended/ 

Having used his authority as the Chairman to prevent the NJC from discussing his false declaration of assets, Onnoghen then challenged the jurisdiction of the CCT to try him without being disciplined first by the NJC. Dozens of SANs defending Onnoghen rushed to the High Court and National Industrial court to obtain court orders restraining the CCT from commencing the trial of Justice Onnoghen until further notice. Those crooked silk-headed SANs and purveyors of the ruin of law did not know or did not care that High Courts and National Industrial Courts do not have appellate jurisdiction over the Code of Conduct Tribunal. A court of equal status with CCT cannot issue order to it. Off course, in a country of ours where the Chief Justice is a criminal, lawyers must be gangsters. Was it right for Onnoghen's lawyers to challenge the jurisdiction of CCT to try him? Chief Justice Onnoghen was not at CCT arraignment and to take plea as required by law before the question of jurisdiction of CCT over the case could be entertained. And, in fact, since Onnoghen was absent from the Court for arraignment and to take plea, CCT could not rule on the question if it had jurisdiction over the case or not. CCT could not shave the head of Onnoghen in his absence as he should have been physically present in the court. Yet, the silk-headed gangsters rushed to the Court of Appeal, claiming that they were appealing against the ruling of CCT that decided that it had jurisdiction over the case of Onnoghen. Then at the Court of Appeal the silk-headed gangsters could not tender protocol of the CCT rulings they are appealing against. Surprisingly, instead of the Court of Appeal to dismiss the appeal right off, it ordered stay of action until 30 January 2019.

​The silk-headed gangsters known as Senior Advocates of Nigeria are claiming that President Muhammadu Buhari can only remove the Chief Justice of Nigeria in accordance with Section 292 of the Constitution. Did President Buhari remove Chief Justice Onnoghen? The answer is capital NO. He only suspended him in compliance with a CCT order and Section 292 of the Constitution speaks about removal of Judicial Officers and not their suspension. In fact, Section 292 (1a) (ii) stipulates that Judicial Officers can be removed for misconduct or contravention of the Code of Conduct. Since, Onnoghen is refusing to face trial by ruthlessly dribbling with the law, President Buhari has done the right thing to demonstrate to Nigerians that law is no respecter of anybody and that Nigerians are equal before the law.

S. Kadiri 

​  

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Från: 'Ayotunde Bewaji' via USA Africa Dialogue Series <usaafricadialogue@googlegroups.com>
Skickat: den 27 januari 2019 09:56
Till: USA Africa Dialogue Series
Ämne: Re: USA Africa Dialogue Series - CJN: Trivializing the Matter by Ethicists

 

CAO,

You so horribly missed my point. Analogy:

You stole my goat, a poor man. You are a rich man. I see you cooking my goat in your home. The head is still there, the skin, and the entrails.

I go to the police. The police visit your yard for investigation. You sit them down, treat them to the pepper soup, guilder, and cigar. They make some funny illegible notes and leave your yard.

I visit the police station again to find out what happened. They lock me up for making false accusations. They say you are innocent until proven guilty.

If my case ever come to court, you know what will happen to me.

That is the situation of Nigeria and your "due process". That is what China understands about rogues who use public trust to attain their ill-gained wealth to hold society to ransom.

Common law, where it came from, was never for the common man/woman. It was a system rigged in favour of the rich.

Ire o.

Dr. John Ayotunde (Tunde) Isola BEWAJI, FJIM, MNAL
Professor of Philosophy
BA, MA, PhD Philosophy, PGDE, MA Distance Education
Postgraduate Certificate in Philosophy for Children
Department of Language, Linguistics and Philosophy
Faculty of Humanities and Education
University of the West Indies
Mona Campus Kingston 7 Jamaica
Tel:       1-876-927-1661-9 Ext: 3993
             1-876-935-8993 (o)
Fax:      1-876-970-2949
Email:   john.bewaji@uwimona.edu.jm      johnayotundebewaji@gmail.com       tundebewaji@yahoo.com (alternate) 
             tunde.bewaji@gmail.com (alternate)

http://www.cap-press.com/books/isbn/9781611630879/Narratives-of-Struggle (2012)
http://www.amazon.com/Black-Aesthetics (2012)

https://rowman.com/ISBN/9780739185032/Ontologized-Ethics (2013)

https://rowman.com/ISBN/9781498518383/The-Rule-of-Law-and-Governance-in-Indigenous-Yoruba-Society-A-Study-in-African-Philosophy-of-Law (2016)

http://www.cambridgescholars.com/the-humanities-and-the-dynamics-of-african-culture-in-the-21st-century (2017)

On Sunday, 27 January 2019, 03:41:49 GMT-5, Chidi Anthony Opara, FIIM <chidi.opara@gmail.com> wrote:

Ayotunde Bawaji,
The lesson from what Chief Wole Olanipekun, SAN, wrote is that in all situations and circumstances, "due process"(rule of law) MUST be followed.

CAO.

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