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Ojikeebere12's Posts

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ojikeebere12: 2:51pm On Feb 03, 2019
Sunday Vanguard 3rd of February 2019

How do you think we can resolve the current chaos in the judiciary?

I think what will happen is that Walter Onnoghen has to resign first and now find a way of resolving his issues. I think the time has come for him to consider reg. Not because he is guilty but because he may damage the reputation of the judiciary. It is better for the judiciary to stand than to bring it down because of one person.


For Tanko, I think the NJC should persuade him to also resign or he will face the consequence. Unlike Onnoghen, he has contravened the Constitution.

What will save the judiciary is for both of them to step aside and the next person in line takes over. I am not taking sides with anybody. Mine is just to speak and that’s what I have been doing for the past 40 years. What I do is to discus issues from the point of facts.

Of course, why I said that Onnoghen should resign is not because he is guilty but just to save the judiciary. He still has an opportunity to clear his name. He can start fighting back to regain his integrity to prove to Nigerians that he did no wrong. He should resign because if he doesn’t the whole thing is likely going to come down on his head. He should pursue his case and prove himself innocence.


Sourced From the Vanguard Newspaper. To read the full interview visit...

https://www.vanguardngr.com/2019/02/why-i-wrote-damning-petitions-against-acting-cjn-cct-chairman-agbakoba/

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ojikeebere12: 7:37am On Feb 02, 2019
megacity:
Forex trading is not a job

But it is a trade and the act clearly forbids engagement and participation in trade.

ojikeebere12: 7:07am On Feb 02, 2019
Like I advised earlier in the week and I repeat.....


With the latest appeal court judgement which refused to stop your trial but rather referring it to a criminal case that cannot be stopped, I think it's time for you to call it quit. Stop digging and go home in peace. Resign Now, save yourself, your family Name and career from further shame and embarrassment.

The appeal court with this judgment have done an irreparable damage to your case by dismantling the main pillar you have been holding onto which is that... Your case was never referred to the NJC. The appeal court now agree with your earlier judgement delivered in a similar case where you held that in matters of this nature the code of conduct tribunal has exclusive jurisdiction.


The implications are as follows....


1. They referred your case as CRIMINAL which is very telling of how they feel...

2. They seem to have reversed and corrected the error in their earlier judgement in Ngajiwas Case where they held that a judicial officer cannot be tried in any court except the NJC permits. Thus by failing to stop your trial they have given the CCT express permission to try you without NJC approval.

3. Finally they have now agreed and applied your earlier judgement in a similar case to this present one. Thus the judgment of the Court of Appeal simply says... Your case is not for NJC consideration and recommendation that it is a criminal matter.

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ojikeebere12: 5:06am On Feb 02, 2019
Eminent Nigerian lawyers and a state governor yesterday faulted the explanations of suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, on how he got the foreign currencies he deposited in his domiciliary s and asked him to quit now that the odds still favour him.

Ahead of his trial at the Code of Conduct Tribunal (CCT) on Monday February 4, 2019, Onnoghen had given details on how he got the money to open the controversial domiciliary s.

But, in separate interviews with LEADERSHIP WEEKEND yesterday, the lawyers said that Justice Onnoghen would do himself good, give the judiciary a lease of life and integrity and his family and well-wishers a sense of honour and pride, by reg from office.

They argued that if he takes a bow now, it will give him the opportunity to negotiate for soft-landing rather than giving explanations which will further criminalise him.

They also said that the question shall arise in the court for instance for him to explain how he got the money to start his ‘’Bureau De Change’’ business outfit.

Besides, the lawyers said that it is against the code of conduct for judicial officers for him to involve himself in other businesses, except farming.

It is not dignifying for him according to the lawyers to be listing items such as trading in foreign exchange (forex), AGRICODE, while other investment returns were from proceeds of his investments.

The lawyers insisted that there is no way the prosecution will not add these items as part of the charges brought against him at the Code of Conduct Tribunal (CCT) or any other courts he would be taken to for trial.

Rather than appearing before the courts he left 30-35 years back in the course of his judicial career to go and take a plea, he should muster enough courage to preserve the honour and prestige of his present position and take a bow.

Among lawyers, who advised Onnoghen to leave without further delay, is the chairman of the Presidential Advisory Committee Against Corruption (PACAC), Prof. Itse Sagay (SAN).

He said: ‘’It is against the code of conduct of judicial officers to be involved in other businesses except agricultural production.

‘’Rather than deepening and deepening himself in the criminality, he should do himself a favour, give the judiciary a lease of life and integrity and his family and well-wishers a sense of honour and pride by reg from office.

“The question shall be asked as to where he got the money to start the Bureau De Change business, and since it is against the code of conduct of his profession and that of civil service in general, the prosecution would be right to add that to charges brought against him.’’


In his own case, Barr Alasan Samaila said: ‘’The greatest casualty in this Justice Onnoghen foreign saga is the image of the judiciary in Nigeria and outside world. It would be advisable for Justice Onnoghen to take a quiet exit instead for allowing the retinue of his defence counsel to be plunging him, his family name, the judiciary and the nation further and deeper in the mess called trial.

‘’The so-called AGRICODE, whatever that means to him can’t be taken for agricultural production business. It is euphemism for Bureau De Change which he is not entitled to be involved in as a judicial officer.

‘’All these explanation as to how he got the humongous foreign currency balances and transactions won’t take away the age-long position that judges are allegedly trading with judgements they deliver in courts.



“No average Nigerian would believe him, irrespective of the explanation he gives, that these monies are not proceeds of sales of judgements,’’ he said.

In his view, Mr. Ahmed Raji (SAN) said that Onnoghen cannot be prosecuted for forgetfulness

According to him, once a civil servant forgets to declare his asset and he was able to correct it, he cannot be prosecuted.

Raji said: “I don’t think he can be prosecuted for forgetfulness since he has been reminded and has promptly corrected it”.



Similarly, former secretary-general of the Nigerian Bar Association (NBA), Barrister Afam Osigwe, said that he would not like to comment on the matter since it is already before the courts.

He however said that failure to declare is different from forgetting to declare.

“In my view, I think these are the issues his lawyer will put forward before the court.”



Another lawyer, Malam Abdu Gomu, asserted that Justice Onnghen has not committed any criminal offence by saying that he forgot to declare his asset and for the fact that he corrected it later.

“Let me tell you, forgetting to declare your assets is not a criminal offence once your attention is drawn to it and it is corrected.”

Section 3 of the CCB Act does not criminalise forgetfulness.

The section says that “the Code of Conduct Bureau is empowered to receive complaints about non-compliance with or breach of this Act and where the Bureau considers it necessary to do so, refers such complaints to the Code of Conduct Tribunal established by section 20 of this Act in accordance with the provisions of sections 20 to 25 of this Act:

“Provided that where the person concerned makes a written ission of such breach or non-compliance, no reference to the tribunal shall be necessary.”

Mr. Niyi Akintola (SAN), said: ‘’I am a lawyer, you don’t expect me to be commenting on matters in the court. It is subjudice and I can be held for contempt of court. The court should be allowed to determine whether what he tendered is right or wrong.’’

In his reaction, Governor Nasir el-Rufai of Kaduna State said that for Onnoghen to claim that he forgot to declare the millions of dollars traced to his domiciliary s meant that he is richer than the richest man in Africa, Aliko Dangote,

He argued that even Dangote would never forget a million dollars in any bank and therefore advised Onnoghen to resign as the substantive CJN.

He spoke yesterday when of the Coalition of Civil Society Organisations (CSOs) protested to the Government House in Kaduna the continued stay of Onnoghen in office.

El-Rufai said that it was shocking that with just over 20 years in public service, Onnoghen had possibly made more money than Dangote.

“The case of Justice Onnoghen is one in which somebody who has worked in government for past 20 years suddenly has millions of dollars in his .

“He has itted, but says he has forgotten about them. I want to express happiness to all of you for coming together to convey this very clear statement from the people of Kaduna State that in Kaduna, we do not corruption; in Kaduna; we do not injustice; we are 100 per cent behind the integrity of our President.

“The case with Justice Onnoghen is a very sad one. Othman Dan Fodio, the founder of the Sokoto Caliphate, wrote that the worst form of corruption you can find in any public service is judicial corruption,” he said.


But, in a press statement last night, the national president of the Nigerian Bar Association (NBA), Mr, Paul Usoro (SAN) praised lawyers in the country for obeying the court boycott directive by the association over the Onnoghen saga.

He said: “I write to express my sincere gratitude and appreciation to all our for the overwhelming that the NBA NEC received from you in regard to the boycott of courts that was mandated by NEC at its emergency meeting held on 28th January 2019. Reports from the chairmen of our branches across the country confirmed overwhelming compliance with the NEC directives on the two-day court boycott on 29th and 30th January, 2019. There were of course pockets of non-compliance in some branches, but these were isolated incidents and in the extreme minority.

“In that regard, all the resolutions of the NBA NEC at its afore-referenced emergency meeting remain extant and binding on all of us. We continue to call on the Executive arm of the federal government to reverse its various actions against the CJN and stop his trial before the Code of Conduct Tribunal,” Usoro said.

The CCB had queried Onnoghen over his failure to fully declare his assets.

But, in his reply to the query, Onnoghen said that he forgot to do so.

https://leadership.ng/2019/02/02/onnoghen-should-resign-lawyers/

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ojikeebere12: 4:47am On Feb 02, 2019
I dey laugh

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ojikeebere12: 3:01pm On Jan 30, 2019
id911:


Go and force him to resign na... Nansense!

The Kangaroo judgement by the Appeal Court would be upturned by the Supreme Court

You are part of those leading this man astray

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ojikeebere12: 2:52pm On Jan 30, 2019
With the latest appeal court judgement which refused to stop your trial but rather referring it to a criminal case that cannot be stopped, I think it's time for you to call it quit. Stop digging and go home in peace. Resign Now, save yourself, your family Name and career from further shame and embarrassment.

The appeal court with this judgment have done an irreparable damage to your case by dismantling the main pillar you have been holding onto which is that... Your case was never referred to the NJC. The appeal court now agree with your earlier judgement delivered in a similar case where you held that in matters of this nature the code of conduct tribunal has exclusive jurisdiction.


The implications are as follows....


1. They referred your case as CRIMINAL which is very telling of how they feel...

2. They seem to have reversed and corrected the error in their earlier judgement in Ngajiwas Case where they held that a judicial officer cannot be tried in any court except the NJC permits. Thus by failing to stop your trial they have given the CCT express permission to try you without NJC approval.

3. Finally they have now agreed and applied your earlier judgement in a similar case to this present one. Thus the judgment of the Court of Appeal simply says... Your case is not for NJC consideration and recommendation that it is a criminal matter.

Attached is another advice from vanguard

ojikeebere12: 8:07am On Jan 30, 2019
The National Judicial Council (NJC) yesterday gave the suspended Chief Justice of Nigeria (CJN), Walter Onnoghen and the one acting, Ibrahim Tanko Mohammed, a-week ultimatum to respond to the allegations of corruption and professional misconduct levelled against them.

Due to the gravity of the allegations, the NJC abridged the time and gave the accused persons one week instead of the usual 14 working days to respond to the allegations, an indication that they may be sacrificed to restore sanctity in the highly revered arm of government.

The council asked Onnoghen to explain why he did not declare all his assets and Mohammed why he submitted himself for appointment without the involvement of the NJC.The body, with the powers to discipline erring judicial officers, held the emergency meeting principally to consider petitions written against the two most senior judicial officers in the country. Since the two are incidentally involved in the crisis, they expectedly recused themselves from the meeting.

As a result, former president of the Court of Appeal, Justice Umaru Abdullahi, was elected interim chairman to preside over the meeting.The next in rank at the Supreme Court, who incidentally is not a member of the NJC, Justice Olabode Rhodes-Vivour, could not be drafted into the meeting, since he may be the obvious beneficiary of the crisis.

If the council sanctions Onnoghen and Mohammed with dismissal, Rhodes-Vivour would automatically step in as the most senior justice of the Supreme Court and the NJC would recommend him to the president for appointment.

Perhaps the NJC had to abridge the time also because Justice Mohammed is occupying the office based on an interim order. Interim orders have short life spans. If the order expires, there will be the need for a fresh order to continue to keep him in office, as vacancy must be forestalled.

Constitutionally, anyone occupying the office of the CJN in acting capacity cannot be reappointed by the president if he fails to get the Senate confirmation at the expiration of three months and it is not likely the current Senate would confirm anyone not nominated by the NJC.


Section 231 (1) of the 1999 Constitution states: “The appointment of a person to the office of Chief Justice of Nigeria shall be made by the President on the recommendation of the National Judicial Council subject to confirmation of such appointment by the Senate.”

Subsection 4 provides that: “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.”


Subsection 5, however, provides that “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 three months from the date of such appointment, and the President shall not re-appoint a person whose appointment has lapsed.”


Mohammed’s appointment by the president happened when there was no vacancy for the office.In the petition against Onnogen, a civil society group, Resource Centre for Human Rights & Civil Education had accused him of non-declaration of his assets as required by law for public officers. He was charged with the offence at the Code of Conduct Tribunal (CCT). This resulted in President Muhammadu Buhari suspending him and swearing in Mohammed in his place.

Consequently, another civil society group, Centre for Justice and Peace Initiative, and a former president of the Nigerian Bar Association (NBA), Dr. Olisa Agbakoba (SAN) petitioned against Mohammed for accepting the invitation to be sworn in as the acting CJN.

In the petition dated January 28, Agbakoba said Mohammed should be sanctioned for assuming office “despite knowing of his unconstitutional appointment.”“Hon. Justice Tanko is fully aware of the state of law, yet presented himself to be sworn in by the President.

“Incidentally, Justice Tanko was a member of the NJC that removed Justice Obisike Orji of the Abia State High Court for accepting to be sworn in as chief judge by the governor of Abia State without the recommendation of the NJC.“It is a matter of regret that Justice Tanko who participated in this process will lend himself to this constitutional infraction.

“We pray the NJC to determine this petition in line with the decision in Justice Obisike Orji by immediately removing Tanko as Justice of the Supreme Court on grounds of gross misconduct which has generated perhaps the most controversial crisis in Nigeria’s judicial history.”

Not being a judicial officer, the NJC referred the petition written against the CCT Chairman, Danladi Umar, to the Federal Judicial Service Commission (FJSC), saying it is the appropriate constitutional body empowered to deal with it.The body adjourned to February 11.

https://m.guardian.ng/news/njc-may-sack-onnoghen-mohammed-to-end-crisis/

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ojikeebere12: 6:03am On Jan 30, 2019
Father of a former governor of Kano State, Sen. Rabi’u Musa Kwankwaso, Alhaji Musa Saleh Kwankwaso, has endorsed the re-election bid of Governor Abdullahi Umar Ganduje.

Alhaji Saleh, who is the District Head of Madobi, assured Ganduje that he would work tirelessly with all his village heads and all community leaders to ensure his victory during the forthcoming gubernatorial poll.

Ex-governor Kwankwaso who had defected to the PDP had chosen his son-law, Abba Yusuf, as his preferred gubernatorial candidate.

“When you came in after your inauguration on 29th May, 2015, we were absolutely sure that you would bring development to all nooks and crannies of the state. And Alhamdulillah, that is what you are doing. So we need more of this development,” Kwankwaso’s father told Ganduje.

“We are ready to you and get you closer to the people. We appreciate the good work you are doing for your people. We believe in your leadership style as a people-oriented governor who believes in developing his people in all aspects of life,” he added.

In his response, Governor Ganduje said he was in Madobi to seek for fatherly prayers in his re-election bid, adding that, “We are in our home. Here you are with your children. We came to visit our father and get his blessing.”

“We are sure you will give us what we are here for. So when you accept to my gubernatorial race, we are not surprised because this is just a case of a father and his son,” Ganduje added. Governor Ganduje assured the district head and all village heads and Imams that he would redouble his commitment when re-elected for a second time.


https://www.dailytrust.com.ng/kwankwasos-dad-endorses-gandujes-2nd-term-bid.html

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ojikeebere12: 4:05pm On Jan 29, 2019
The Acting Chief Justice of Nigeria, Ibrahim Mohammed, will not be at the sitting of the National Judicial Council later today, as the council is set to debate issues around the suspension of his predecessor Walter Onnoghen.

Mr Mohammed was appointed in controversial circumstances by President Muhammadu Buhari on Friday.

The NJC is statutorily chaired by chief justice of the federation, who is deputised by the next in the line of succession.

Prior to Mr Onnoghen’s suspension, he chaired the NJC meetings and was deputised by Mr Mohammed.

Mr Onnoghen is standing trial before the Code of Conduct Tribunal on allegations of false asset declaration and concealment.

The NJC meeting is billed to discuss Mr Mohammed’s appointment and take position on Mr Onnoghen’s suspension.

The meeting is billed to start at noon today.

Multiple sources told TIMES that Mr Mohammed has opted to stay away from the proceedings to allow for disionate proceedings.

The acting Chief Justice is currently presiding cases at the Supreme Court.


TIMES earlier reported that lawyers in Abuja have reported to the courts in spite of a boycott order by the Nigerian Bar Association (NBA).

With Messrs Onnoghen and Mohammed out of the picture, insiders said the meeting would have to resolve the first issue of who chairs the important session.

Two names are being thrown up: a former president of the Court of Appeal, Umaru Abdullahi, and Zainab Bulkachuwa.

While Mr Abdullahi is the oldest member of the council, Mrs Bulkachuwa is being touted to lead the meeting being the head of the next highest court of the country, the Court of Appeal.

However, a source at the NJC said the most senior justice of the supreme after Mr Mohammed, Bode Rhodes-Vivour, is being tapped to head the meeting.

“The meeting is always headed by the most senior judge, now that the CJN is suspended and the acting CJN is interested party, the next person, who should naturally be Tanko’s deputy will be the one to preside over the meeting,” a member of the NJC who pleaded anonymity for not being in a position to comment on the matter publicly said.

The meeting is expected to discuss allegations against Mr Onnoghen which led to his CCT trial, and eventual suspension.

At least three petitions are also said to be tabled before the NJC, with two against Mr Onnoghen and one against Mr Muhammed.

https://www.timesng.com/news/headlines/308617-acting-cjn-to-abstain-from-njc-meeting-as-council-debates-onnoghens-suspension.html.

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ojikeebere12: 10:34am On Jan 29, 2019
stanleyravos:
you are on point let see how it goes




The question to ask is whether justice Tanko just offered or let himself to be sworn in as justice Obisike did in Abia State?

He did not just offer himself, he offered himself based on a valid court order by the CCT which up on till now has not been vacated except it's vacated, Justice Tanko is going nowhere.

The NJC being a law abiding body will also take note of that in arriving at any decision today.

In the case of justice Obisike of Abia State as cited by Olisa Agbakoba, he drove to Govt House at the instance of the Governor to be sworn in just like that...
ojikeebere12: 10:33am On Jan 29, 2019
LeBari:


Suspension for "letting himself be used as a tool to subvert the Constitution". Those are the words, verbatim, used by the Supreme Court headed by Tanko in the exact mirror case that happened in Abia State, where the acting state Justice was penalized and forcibly retired for accepting the position as acting state chief justice after the illegal removal of the substansive chief judge by the state Governor.






The question to ask is whether justice Tanko just offered or let himself to be sworn in as justice Obisike did in Abia State?

He did not just offer himself, he offered himself based on a valid court order by the CCT which up on till now has not been vacated except it's vacated, Justice Tanko is going nowhere.

The NJC being a law abiding body will also take note of that in arriving at any decision today.

In the case of justice Obisike of Abia State as cited by Olisa Agbakoba, he drove to Govt House at the instance of the Governor to be sworn in just like that...
ojikeebere12: 8:12pm On Jan 28, 2019
Ahead of NJC meeting tomorrow there are insinuations that acting CJN justice Tanko maybe suspended by the Council for offering himself to be sworn in as acting CJN but I want to submit that it is not going to happen.

The question to ask is whether he offered himself as justice Obisike did in Abia State?

He did not just offer himself, he offered himself based on a valid court order by the CCT which up on till now has not been vacated except it's vacated tonight Justice Tanko is going nowhere.

The NJC being a law abiding body will also take note of that in arriving at a decision tomorrow.

In the case of justice Obisike of Abia State as cited by Olisa Agbakoba, he drove to Govt House at the instance of the Governor to be sworn in just like that...


This is my humble submission... You are free to add yours....

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