What The Law Stipulates On The Removal Of The CJN – PoliticsNGR

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What The Law Stipulates On The Removal Of The CJN – PoliticsNGR

The suspension of the Chief Justice of Nigeria, Walter Nkanu Onnoghen has elicited a lot of reactions from Nigerians today with many contesting that it was against the law and some others saying otherwise.

PoliticsNGR
has now gone into the law books to examine what the constitution
stipulates on the Removal of the Chief Justice of Nigeria. Surprisingly,
the Law make no clear distinction between the removal and Suspension of
the CJN as both terms have very different meanings.

We gathered
that Section (292) of the Nigerian constitution expantiates on the
removal of certain public officials including the CJN. However, there is
no distinction between a suspension and permanent removal.

It States;

“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 –

“Chief
Justice of Nigeria, President of the Court of Appeal, Chief Judge of
the Federal High Court, Chief Judge of the High Court of the Federal
Capital Territory, Abuja, Grand Kadi 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 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.”

Thus,
a serving Chief Justice of Nigeria can only be removed from office by
the president after at least two-thirds majority members of the Senate
declare support for the move, but in this case, it is a suspension.

Source:- Politicsngr

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