It was in the case of UAC v MACFOY, that Denning unequivocally, declared that you can not put something on nothing and expect it to stand. What is void is not only void, but incurably bad.
The CCT “oluwole”, black market exparte Order is bad, incurably bad and can not stand.
Why do i say so? It is the law where the jurisdiction of any court is challenged, the only jurisdiction the court has is to determine whether it has jurisdiction. AGF v AG Lagos. This is where we are for now. Until we cross that hurdle, the CCT has merely allowed itself to be used to overthrow an arm of government.
Assuming but not conceding that the process was even proper before my lords the CCT judges, the law is very clear. Exparte application is made pursuant to motion on notice, the motion is accompanied with an affidavit, exhibits (in some cases) and a written address. It is made pursuant to a particular law or laws. The application is usually granted upon the argument of a counsel or the person who moved the motion.
A closer look at the motion will show that it was not argued or moved by anybody. It was not made pursuant to any known law. The court merely heard the affidavit and granted same. Again, Exparte order is not granted as a matter of owigiri, it can only be made where there is a serious urgency that the court maybe render helpless if not granted. The party who is seeking an order exparte must show that it will be difficult to serve the other party and that the subject matter might be destroyed. One may be forced to ask, what is the urgency that has required this rape on our constitution. The CJN is already before the CCT and should have been put on notice.
Recall that my lords have graciously adjourned to the 28/1/2019, to determine if the court has jurisdiction to entertain the matter in the first place. The court having adjourned to hear the issue of jurisdiction, has no power to make any other order. They might argue that the order was made on 23/1/2019, before the last adjourned day. But before 23/1/2019, the CJN has raised the issue of jurisdiction which automatically, operates as stay of the substantive matter and the power to make any order until the issue of jurisdiction is determined.
It is also important to state that the court lacks jurisdiction to make the order it has made even though the processes were proper before the court. What the court has done is to by implication, make an order that it should make if the CJN is found guilty at the end of the trial. They have in a way, convicted the CJN before the matter is heard.
Section 292 is very clear on how the CJN can be removed. The Senate (2/3 majority) must authorize it. If the makers of the constitution intended that the CJN can be suspended before removal, that would have been provided for. Suspension is not known to our law and can not be incorporated thru the back door.
The danger is that the president can acquire the same order to remove any public officer in Nigeria, even a sitting Governor or Senate President whether or not it is properly made and then ask the person to go to court. It is a bad precedent and must be condemned.
What has happened is a broad daylight rape on our constitution, a coup on the judiciary and should not be allowed to stand. Nobody is safe. Buhari has formally declared war on Nigeria and Nigerians and we must confront him with equal or bigger force.
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