The Trial Commissioner and the Board of Governors ignored
the judicial immunity issue.
Not exact matches
The Minister insisted that she has absolutely nothing to do with the
issue noting that it is an abuse of public office, the
judicial process and her human rights for Governor Oshiomhole whom she stopped from taking a «highly suspicious N15 billion loan'to make false allegations against her while hiding behind the constitutional
immunity granted state governors.
The
issue was whether the judiciary could address the constitutionality of laws put under the Ninth Schedule of the constitution, holding that they can not be granted blanket
immunity from
judicial review.
Ultimately, Judge Laser found that
judicial immunity applied to this case based on all available court decisions on the
issue.
We respectfully submit that an important jurisdictional
issue and constitutional question is presented by this case, and that a failure of the Supreme Court to review the findings of the Board of Governors will have the effect of voiding the
Judicial Immunity Doctrine, and will destroy the justification for the existence of the
Judicial Conduct Commission.
If the Supreme Court does not review this jurisdictional
issue, then there will be established a precedent which will void the Doctrine of
Judicial Immunity.
This
issue however is a legal argument about the
Judicial Immunity Doctrine and the jurisdiction of the KBA, and not about my friendship with Judge Bamberger.
This is seriously troubling since the
issues raised in this case will affect the jurisdiction of the
Judicial Conduct Commission and will result in the repeal of the
Judicial Immunity Doctrine.
On the other hand, if the JCC
issues a finding of fact that the complained of actions of the judge were not
judicial acts, (i.e. a violation of the criminal code) then the judge should not be protected by
judicial immunity.
The
issue sought to be raised in the Amicus brief is that the KBA has no jurisdiction to review the legal rulings of any judge made in his official capacity due to the
Judicial Immunity Doctrine.
The Billingsley Amicus brief argues that as a retired judge he has standing to raise the
issue of the
Judicial Immunity Doctrine.
On the other hand, if the JCC
issues a finding of fact that the complained of actions of the judge were not
judicial acts, then the judge should not be protected by
judicial immunity.
Other government officials generally have only «qualified
immunity» which means that they have liability if they intentionally violate clearly established law, which basically means that there is a binding
judicial precedent governing the facts and circumstances at
issue.