Ime Akpan
President Muhammadu Buhari yesterday justified his removal of the former Chief Justice of Nigeria (CJN), Mr. Walter Onnoghen citing the recommendation of the Code of Conduct Tribunal (CCT) as the basis.
Onnoghen is facing a six-count charged for alleged non-declaration of assets
Buhari, who announced Onnoghen removal as CJN at the Presidential Villa, Abuja swore in Justice Ibrahim Tanko Mohammed as acting CJN.
The president said he was “served with an Order of the Code of Conduct Tribunal issued on Wednesday 23rd January 2019, directing the suspension of the Chief Justice of Nigeria, Honourable Justice Walter Nkanu Samuel Onnoghen from office pending final determination of the cases against him at the Code of Conduct Tribunal and several other for a relating to his alleged breach of the Code of Conduct for Public Officers,”
Onnoghen denied allegations of asset declaration fraud but acknowledged forgetting to declare some assets to which the president said the judge’s admission was enough to remove him from office.
He said he was dismayed that the former CJN did not excuse himself from superintending the judicial arm of government after he had admitted that he failed to follow the spirit and letter of the law in declaring his assets.
“Perhaps more worrisome is the Chief Justice of Nigeria’s own written admission to the charges that he indeed failed to follow the spirit and letter of the law in declaring his assets, citing ’’mistake’’ and ’’forgetfulness’’ which are totally unknown to our laws as defences in the circumstances of his case.
“One expected that with his moral authority so wounded, by these serious charges of corruption, more so by his own written admission, Mr. Justice Walter Onnoghen would have acted swiftly to spare our Judicial Arm further disrepute by removing himself from superintending over it while his trial lasted,” he said.
However, Buhari’s reasons for removing Onnoghen have been greeted with torrents of mixed reactions from Lawyers and politicians alike.
Nigeria gradually sliding into anarchy –NBA
The Nigerian Bar Association (NBA) described Onnoghen’s removal as “an outright coup” and a step “towards anarchy.”
In a statement entitled ‘Coup against the Nigerian judiciary and suspension of the Nigerian Constitution’ called for a reversal of the decision to avert a constitutional crisis.
“The news media has been awash this evening with the news of the purported
suspension of the Chief Justice of Nigeria, Honorable Mr. Justice Walter S C Onnoghen, GCON by President Muhammadu Buhari, GCFR and the swearing in of Hon Justice Ibrahim Tanko Mohammed as the acting Chief Justice of Nigeria. We are told that this was pursuant to an Ex-Parte Order that was issued by the Code of Conduct Tribunal on Wednesday, 23 January 2019.
“The Nigerian Bar Association unequivocally rejects and condemns this attempted coup against the Nigerian Judiciary and evident suspension of the Nigerian Constitution by the executive arm of the federal government. The action of the executive portends a slide into anarchy and complete deconstruction of the same Rule of Law and due process. It amounts to an absolute breach of the Constitution and the usurpation of the powers of the senate and the Nigerian Judicial Council.
“It is unfortunate that the executive branch of government purports to suspend the CJN on the basis of an alleged ex-parte order of the Code of Conduct Tribunal – the same Tribunal that, to the knowledge of the executive, had, only the first previous day, Tuesday, 22 January 2019 adjourned its proceedings to Monday, 28 and January 2019 and has before it a motion on notice that is yet to be argued, seeking a the same reliefs as were contained in the purported ex-parte application, to wit, the state capital suspension of the CJN, amongst others.
“We call on the federal government to avert the looming constitutional crisis precipitated by its ill-advised action. In particular, the Nigerian Bar Association demands the reversal of the purported suspension of Honorable Mr. Justice Walter S C Onnoghen, GCON. We also call on the National Assembly to assert its constitutional authority and powers and prevent this slide into chaos and erosion of the Rule of Law,” said NBA..
Assault on democracy -Agbakoba
For his part, the former NBA chairman, Mr. Olisa Agbakoba described the action as the “most brazen’ assault on Nigeria’s constitutional history.
“President Muhammadu Buhari’s suspension of the Chief Justice of Nigeria, Justice Walter Onnoghen, is the most brazen assault on Nigeria`s constitutional history.
“The President has obviously not listened to the advice of the attorney general of the federation or the attorney general of the federation has misadvised him or both.
“President Buhari claims that the suspension of the Chief Justice Onnoghen is pending the determination of the Code of Conduct Tribunal, CCT. This is simply not true.
“The CCT itself adjourned proceedings in respect of Justice Onnoghen`s matter in order to determine if it had jurisdiction to try Justice Onnoghen. The President`s decision contravenes the Ruling of the CCT.
“There are at least six (6) pending cases in superior courts of Nigeria and one in the Court of Appeal. All these cases ruled that Justice Onnoghen should remain in office pending when all cases against him are resolved. These Rulings bind the President of Nigeria. In any case Section 292 of the 1999 Constitution of Nigeria sets out the procedure for removing or suspending the Chief Justice of Nigeria. The power to suspend or remove the Chief Justice of Nigeria vests in the Senate side of the National Assembly.
“For all these reasons the purported suspension of Chief Justice Onnoghen is the gravest insult to Nigerian constitution in history. It is difficult to understand how President Buhari will expect my vote of confidence in the February polls if he wantonly denigrates and desecrates our Constitution.
“I call on all Nigerians to take the strongest possible view of the President`s conduct. I am shocked that Mr. Justice Mohammed Tanko would have offered himself to be sworn in as the Acting Chief Justice of Nigeria.
“I call on the Chief Justice of Nigeria to refuse to be pushed out of office. The NBA must rise to resist this assault to our constitution.
“Our judges must rise; Civil Society Organizations must rise. This is potentially the beginning of our descent into constitutional anarchy,” said Agbakoba in a statement.
The presidential candidate of the People’s Democratic Party (PDP), Mr. Atiku Abubakar, described it as “unlawful suspension” adding that the president had taken his dictatorship too far.
“The purported suspension of the Chief Justice of Nigeria by President Muhammadu Buhari, is an anti democratic act which I reject in its entirely and call on Justice Onnoghen and the judiciary to resist with every legal and constitutional means that they can muster.
“I want to seize this opportunity to call for unity amongst the judiciary. Do not let the Muhammadu Buhari administration divide you. Do not let this government turn you against yourselves. The judiciary is the last hope of the common man and the defender of our democracy,” he said.
He noted that Onnoghen’s suspension shows how desperate the president had been.
“This brazen dictatorial act is the latest action in the ongoing rape of our nation’s hard earned democracy by those who dined with anti democratic forces, and is symptomatic of the increasing desperation that President Buhari and the cabal pulling the strings have as February 16, 2019 draws near,” said Atiku.
It is an ominous return to dictatorship –Olawepo-Hashim
The presidential candidate of the People’s Trust, Mr. Gbenga Olawepo-Hashim, reacted saying the country was heading to a dictatorship.
In an interview with journalists, Hashim-Olawepo said called for international sanctions against all officials of the present administration.
“This is very sad. It is condemnable and must be condemned by all lovers of democracy.
“It is an ominous return to dictatorship and a complete violation of the Constitution of the Federal Republic of Nigeria.
“I call on members of the international community to immediately impose sanctions on the members of the executive branch at the Federal Government.
“These sanctions should include revocation of existing travel visas for them and their families and business associates, including targeted asset seizures.
“I call on the President himself to step down and resign because he is leading Nigeria into chaos and anarchy.
“We fought so hard to install democracy and we paid dearly for it. We will not allow any group of people, no matter how powerful they think they have become, to take democracy down.
“This is not about politics; it is about democracy, which we fought so hard to put in place in Nigeria.
“If he refuses to resign, the national assembly should commence his impeachment immediately,” he said.
A senior lawyer, Mr. Mike Ozekhome, called on all Nigerian judges and lawyers to shun further activities as was done when former Pakistani President, Pervez Musharraf, removed the country’s chief justice in 2007.
“This recent act is a big scandalous shame on the Buhari government, assuming it still knows anything called shame. It has tainted it with the paintbrush of odium, obloquy and international derision,” said Ozekhome.
Also reacting, Mr. Oluwole Onemola, special assistant on new media to the senate president, Dr. Bukola Saraki, Oluwole Onemola condemned the suspension of the CJN.
In a series of tweets, he stated that the constitution makes it clear that a CJN cannot be removed either temporarily or permanently.
“President Buhari has NO RIGHT and no power under the Constitution and the laws of the Federal Republic of Nigeria to suspend the Chief Justice of Nigeria.
“The Constitution of the Federal Republic of Nigeria, 1999 is very explicit on how to remove the CJN in Section 292 (1) (a) (i).
“Section 292(1)(a)(i) states that “A judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances, in the case of (CJN) by the President acting on an address supported by two-thirds majority of the Senate.
“The Constitution leaves no room for the removal of the CJN from Office, whether on a temporary or permanent basis other than by Section 292(1) (a) (i).
“Nigeria is a nation governed by laws, the President owes Nigerians STRICT compliance with the provisions of the Constitution,” he tweeted..”
President’s action appropriate –El-Rufai
However, the governor of Kaduna State, Dr. Nasir El-Rufai described the president’s action as “appropriate” and “timely.”
He said Onnoghen had shown traits of corruption and should not be allowed to maintain a seat as the nation’s chief justice.
The governor who took to his twitter handle said: “Sanity needs restoration. About time this institutional gobbledygook and regionalization to justify admitted wrongdoing are confronted. Justice must not give way to legal gymnastics and absurd technicalities. I am solidly with PMB on this, as always!!” the governor wrote on his verified Twitter handle.
