By Kayode Adeoti
Since the administration of President Muhammadu Buhari came on board about 4 years ago, how to manage the rule of law which is the grand norm of any democratic society has become a major problem that is casting doubt on the veracity of his government.
Recently, some steps were taken by the presidency which many people in the country, especially those in the legal arena considered obnoxious and unconstitutional.
Till now, why Buhari has fragrantly disobeyed court order to release the former National Security Adviser, Col. Sambo Dasuki and the Islamic Movement Leader, Ibrahim El-Zakzaky has remained a mystery yet unravelled.
The recent arraignment of the Chief Justice of Nigeria (CJN), Walter Onnoghen at the Code of Conduct Tribunal (CCT) on Monday by Buhari led government and the statutory retirement age of Inspector General of Police, Ibrahim Idris were part of the many issues generating discourse among legal practitioners.
To some lawyers who spoke to Pilot Law in Ilorin on the issues yesterday, the Presidentโs actions were uncalled for and he should retrace his step and apologise to Nigerians.
Legal practitioners across the country have since on Monday whenย ย the CJN was supposed to be docked, been condemning the act.
According to arguments received by lawyers over the issue, section 36 (4) of the 1999 Constitution posits that a citizen, who is charged with a criminal offence must be taken to the appropriate forum with the requisite jurisdiction to try the offence, be it a court of law, a tribunal or such other quasi judicial organ.
The NJC, being a quasi judicial organ established by the Constitution, is the appropriate forum to first raise any matter against any judicial officer, including the CJN. Thus, the NJC has exclusive jurisdiction over all judicial officers, including the CJN.
It has further been posited by the Court of Appeal that in the case of Nganjiwa v Federal Republic of Nigeria, no criminal charge can be laid against a judicial officer, including the CJN, in any court of law, without first filing such complaint before the NJC.
From the foregoing, the criminal charges filed against the CJN before the CCT have however been considered as illegal, ultra vires, unconstitutional, null and void and should be withdrawn forthwith.
Lending voice to the issue, the Chairman, Nigeria Bar Association (NBA), Ilorin branch, Barr. Muhammed Idowu Akande, has berated the present administration of Buhari for not following what the constitution says.
Akande therefore rated Buhari government as the worse when it comes to adhering to the rule of law.
“It is unfortunate, ever since the history of democracy, I don’t think there’s any administration that has issues on the rule of law than this government…”
Speaking further on the issue, the NBA Boss maintained that the Federal Government has power to arraign anybody in court except for those who have special immunity but the arraignment must follow constitutional tenets.
“We’re not saying the CJN cannot be arraigned but condition, precedence must be followed. The Code of Conduct Bureau (CCB) and Code of Conduct Tribunal (CCT) are creations of the constitution, likewise the National Judicial Council (NJC). No matter how dynamic the law may be, they are not effective until judicial pronouncements are made on them.
“The position of the NBA is that a sitting CJN or judicial officer cannot be tried, removed or disciplined except with the impact of the NJC. Even if a judge raped, that is an offence but he must first be reported to the NJC.
“The action of the Federal High Court to stop CCT from trying the CJN is very positive and legal. The CCT, though a creation of the constitution is not a court, by the virtue of section 6 (5) of the constitution, the judicial power of the Federal Republic of Nigeria shall be vested in courts and this section listed the courts as Supreme Court of Appeal, Court of Appeal, Federal High Court, State High Court, High Court of the FCT, Sharia Court of Appeal, and Customary court of Appeal. The CCT is not vested with judicial power as given to others.
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