…say Presidency collapsing judicial arm
By Kayode Adeoti
Last Friday, President Muhammadu Buhari, suspended the Chief Justice of Nigeria, Justice Walter Nkannu Samuel Onnoghen from office, and immediately administered the judicial oath of office to the most senior Supreme Court Justice, next in rank to him, Justice Ibrahim Tanko Muhammed as the Acting Chief Justice of Nigeria.
Following that act, the president delivered a 25-paragraph address, akin to a coup speech, wherein he gave reasons for his action.
Essentially, the President explained that he was swiftly executing an order ex-parte ( that is, a one sided order procured without notice to, and the knowledge of the “suspended” CJN or his lawyers) of the Code of Conduct Tribunal (CCT), made and dated the 23rd day of January, 2019.
The order mandated him to suspend the CJN from office, pending the final determination of his trial at the CCT, and swear in the Justice of the Supreme Court next to him in rank, as an acting CJN.
The president further explained that sequel to the filing of corruption related charges against the CJN by the Code of Conduct Bureau (CCB) before the CCT and the commencement of his “trial “for gross violations of the provisions of the Code of Conduct for public officers, as stipulated in the Constitution of Nigeria, the CJN, instead of resigning his position took steps to frustrate his trial.
The CJN had been accused of receiving into and retaining in many banks accounts huge sums of money in foreign and local currencies, without disclosing them in his asset declaration forms and documents submitted to the CCB.
Nigerians were now shocked by the speed of that process, making many to wonder whether that speed did not signify that Buhari government was coordinating the plot to remove the CJN from office.
Senior Advocates of Nigeria from Kwara state has however reacted to the development.
Muhammed Abeni in his reaction said democracy is premised on three arms of government, the executive, legislature and the Judiciary.
By the action of the President, it has severed one of legs of the arms of government which democracy stands on.
When one leg is cut off, others will not be able to stand, in fact, it will collapse and that is just the scenario of what we are having in the case of CJN suspension.
On his part, Professor Mohammed Mustapha Akanbi SAN said lawyers are the ones causing what is befalling the judicial system, saying disciplinary action should be taken against some legal practitioners.
“It appears in Nigeria, we’re now Cherry-picking the rule of law. The rule of law has now become very subjective and of course, those advising the president are lawyers.
Akanbi added that the ex parte injunction of the CCT is a funny one, maintaining that it is so silent that no-one heard about it.
According to him, senior lawyers are behind many of the actions of the President; by now, lots of them should have been facing disciplinary actions for playing this kind of disgraceful roles. Politicians can do whatever they like but lawyers should ensure they upheld the rule of law. The law is about justice and that is what Lawyers should strive after.
The Chairman of the Ilorin branch of the Nigerian Bar Association (NBA), Barr. Muhammad Idowu Akande, in clear terms condemned the CJN’s suspension saying the highest body of NBA, NEC, will take a decision on it today.
Akande described the suspension as an unfortunate development, saying the lawyers at the herm of affairs should be held culpable of the President’s action.
He said, “It is unfortunate, the constitution has clearly stated its position and procedures in which the CJN can be removed. The NJC and the National Assembly must play a role in this circumstance. The President is saying he’s acting on a more serious authority which is the order of the Code of Conduct Bureau (CCB) directing the CJN to step aside, and let the next most senior, Hon. Justice Muhammed Tanko, be sworn in.
“This order was obtained ex parte, parties were not involved. That order is strange in our jurisprudence, it is undone.
Speaking further, Akande stressed that the President of the NBA has earlier issued a statement, describing the suspension as a coup on our democracy.
“We have our NEC meeting by 12noon tomorrow, (today) we will meet and deliberate on it and take a stand,” Akande added.
PDP opposes inauguration of election tribunal by Acting CJN
The Peoples Democratic Party (PDP) has opposed the inauguration of members of the election tribunal by the Acting Chief Justice of Nigeria, Ibrahim Tanko Muhammad.
Muhammad was appointed in controversial circumstances by President Muhammadu Buhari on Friday and on Saturday, he inaugurated 250 members of the presidential and National Assembly election tribunal, a task already scheduled to be performed by Walter Onnoghen.
Onnoghen was controversially suspended as Chief Justice of Nigeria on Friday by Buhari following allegations of false assets declaration. That suspension has drawn widespread criticism from Nigerians and the international community.
The PDP in a statement signed by its National Publicity Secretary, Kola Ologbodiyan, Saturday evening said Muhammad only allowed himself to be used to desecrate the hallowed temple of justice.
“The People’s Democratic Party notes the illegal swearing in of members of the election petitions tribunal by Justice Mohammed Tanko and surmised that his action was a complete nullity.
“In the face of our law, Justice Tanko cannot function as a CJN as there is no vacancy in that office since the 1999 Constitution (as amended) has no provision for two CJN at any particular time. Justice Walter Onnoghen is still in charge as the Chief Justice of Nigeria.
“It is also imperative for Justice Tanko to agree that, having allowed himself to be used to desecrate the hallowed temple of justice, his oath of office and oath of allegiance, the only option left for him is to quit the bench.
“The PDP reminds Tanko of his membership of the panel set up by the NJC, which on March 14, 2018, forced Justice Obisike Orji to quit the bench and go on a compulsory retirement, for allowing himself to be sworn in as the Ag. CJ of Abia State without the recommendation of NJC.
“From Justice Tanko’s first illegal assignment, which is the swearing-in of election tribunal Justices for the forthcoming elections, Nigerians can now see the raison d’etre for his illegal appointment. This action is in itself a nullity and something cannot be built on nothing.
“Nigerians can recall that the PDP had always alerted that Muhammadu Buhari is bent on removing Onnoghen so as to replace him with a pliable CJN that would help him uphold his rigging plots & achieve his self-succession bid, having realised that he cannot win in any free & fair election
“We want President Buhari to know that Nigerians, irrespective of tribe, creed or political leaning, will never allow anybody, no matter how highly placed, to push our nation to the abyss of anarchy,” the PDP said.
AGF, others placed on US’ watch list
Following the suspension of the Chief Justice of Nigeria (CJN), Walter Onnoghen, United States of America has expressed worry over the actions of the President Muhammadu Buhari government, geared towards suppressing the opposition in the country.
According to a source, the United States of America has placed the Attorney General of the Federation, Abubakar Malami and some key players in the presidency whose actions are undermining the democracy and due process, on its watch list.
The US source told THISDAY that the United States was alarmed at the brazen unconstitutional removal of the CJN from his post without following the law as laid down by the country’s constitution.
“We are concerned about the democratic space that is being daily constricted by the government, using the machinery of state to harass and intimidate opponents and deny them a fair process.”
The source further revealed that the anti-graft body, “EFCC is now a tool of blackmail and bullying of political opponents, used to obtain bank account details of opposition elements, private citizens and divulge these details to government, which then uses the information to threaten and scare them from funding democratic opponents of the government”.
The source said the US was particularly alarmed by the removal of the country’s top Judge, whom the Attorney General is rallying the machinery of state against.
“We see this as an attempt to muscle the judicial and take away its independence. When you destroy the courts then the rule of law is in peril and democracy dies.
“The repercussions for the sub-region are too consequential and we cannot allow that to happen. We have identified the Attorney General and some key players in the presidency as persons of interest, whose actions are undermining the democracy and due process.
“We are monitoring them and would continuously review the list of individuals we have so far identified,” he added.
Senate may reconvene next week
The leadership of the Nigerian Senate is currently making moves to re-open the legislature next week.
The move is to discuss and take a strong opposition to the suspension of the Chief Justice of Nigeria(CJN), Walter Onnoghen, a senator who spoke with Premium Times Saturday night said.
The lawmaker said he has received a text message to the effect.
“I have received a message encouraging lawmakers to come on Tuesday,” he said.
The lawmaker, who asked not to be named, noted that the Senate had to adjourn this week due to the absence of his colleagues in recent days.
The Senate resumed for legislative business on January 16 but many lawmakers have been absent in plenaries forcing an adjournment on Thursday.
Provided enough senators yield, top on the agenda of the Senate is to ‘oppose’ Onnoghen’s suspension, the senator said.
“The idea now is to use the numerical significance of the non-APC senators to oppose the suspension and release a strong statement,” the lawmaker said.
When contacted, Yusuph Olaniyonu, the media aide to Senate President, Bukola Saraki, said he has no information about the development.
Since announcing Onnoghen’s suspension, President Muhammadu Buhari has received knocks from lawmakers and other Nigerians who described the move as unconstitutional.
Saraki in a statement on Monday said Nigeria is now being run under a dictator. He urged a reversal of the decision.
One of the options before the lawmakers is the invocation of Section 143 of the Constitution which states the processes of impeachment of a president.
The only time the Senate was close to invoking this section was in April 2018 when the president approved the withdrawal of money from the excess crude oil account for the purchase of Tucano jets from the USA.
Two senators, Matthew Uroghide and Chulwuka Utazi, called for the impeachment process but the Senate leadership directed the issue to its committee on the judiciary for advice.
The committee never submitted a report.
Election tribunal members inaugurated by acting CJN picked by Onnoghen – Official
Members of the recently inaugurated election tribunal were constituted by Walter Onnoghen before he was suspended under controversial circumstances as the Chief Justice of Nigeria (CJN), PREMIUM TIMES has learnt.
The acting Chief Justice of Nigeria, Ibrahim Muhammed, appointed by President Muhammadu Buhari, inaugurated 250 members of the presidential and national assembly elections tribunal on Saturday.
The presidential and the national assembly elections will hold on February 16.
Mr Buhari is seeking re-election for a second term. His main challenger is Atiku Abubakar, a wealthy businessman and former vice president of Nigeria.
Mr Onnoghen, who is facing trial at the Code of Conduct Tribunal for alleged false declaration of assets, had announced his plan to inaugurate the tribunal. He was suspended a day before the inauguration.
The members of the tribunal “are the same, no difference,” the Chief Registrar of the Supreme Court, Hadizatu Mustapha, told PREMIUM TIMES Sunday morning, when asked if the names of the inaugurated members were different from the ones constituted by the suspended CJN.
The opposition has accused Mr Buhari of paving way for the rigging of the forthcoming elections, with the suspension of Mr Onnoghen.
Both Mr Onnoghen’s suspension and the inauguration of the tribunal by the acting CJN, Mr Muhammed, have been rejected by the opposition and several Nigerians who are concerned about the independence of the judiciary and the fate of constitutional democracy in the country.
There have been calls for the impeachment of President Buhari.
SERAP issues 5-day ultimatum to NJC to take over case
The Socio-Economic Rights and Accountability Project, (SERAP) has issued five days ultimatum to the National Judicial Council (NJC), to immediately take over from the Code of Conduct Tribunal the case of the Chief Justice of Nigeria, Justice Walter Onnoghen with a view to setting up a committee to investigate the allegations of breach of constitutional asset declaration requirements against him.
The organization also urged the NJC to: “ask Justice Onnoghen to step aside from his role as Chief Justice pending the outcome of your investigation into the allegations against him. Also, if following your investigation, the allegations against Justice Onnoghen is established, the NJC should refer the case to appropriate anti-corruption bodies for prosecution. Similarly, Justice Ibrahim Tanko Muhammed should recue himself from the process, as the Acting Chief Justice of Nigeria.”
The organisation asked the NJC to: “consider the issue of appointment of Justice Muhammed with a view to ensuring strict compliance with constitutional provisions. The NJC should take the recommended action within 5 days of the receipt and/or publication of this letter, failing which SERAP will take appropriate legal action to compel the NJC to take action on the case.”
In the petition dated 26 January, 2019 and signed by SERAP’s Senior Legal Adviser, Bamisope Adeyanju, the organisation said: “The urgent intervention by the NJC would remove the allegations against Justice Onnoghen from the vicissitudes of political controversy, and a clear and present danger to the independence and authority of the judiciary. It would also help to reverse the country’s increasing movement toward anarchy or despotism.”
According to the organization, “It is in time like this that the NJC must be most vigilant and alive to its constitutional duties, if it is not to permit a diminution of our treasured constitutional rights.”
The petition, copied to Mr. Diego García-Sayán, UN Special Rapporteur on the independence of judges and lawyers, read in part: “Neither knee-jerk reactions by politicians nor abuse of the legal and judicial process by the government and some senior lawyers would be acceptable to break the constitutional logjam. The NJC ought to be concerned with the gravity of allegations against Justice Onnoghen.”
“This matter has inevitably thrown our country into a judicial-cum-constitutional crisis, which if not urgently addressed would lead to political crisis that would seriously put at risk Nigeria’s fledgling democracy, consequently exacerbating the declining respect for human rights at all levels of government.
“The NJC should not and cannot stand-by while the authority and independence of the judiciary is diminished to the point at which the citizens lose confidence and trust in its ability to render justice to those need.
“SERAP is concerned that the politicization of our judiciary poses the greatest threat to the independence of the judiciary, to Nigeria’s fledgling democracy and would if not urgently addressed lead to denial of access to justice to the most marginalized and vulnerable section of the population.
“The politicisation of the judiciary by politicians would endanger Nigerians’ fundamental human rights and the country’s international human rights obligations, and consequently, the fundamental principles of our constitutional democracy.”
Aisha Buhari speaks on suspension of Justice Onnoghen
Wife to President Muhammadu Buhari, Aisha, has reacted to the suspension of the Chief Justice of Nigeria, Walter Onnoghen.
Aisha, in a statement signed by her Director of information, Suleiman Haruna, denied the report that she faulted Buhari’s decision to suspend Onnoghen.
The statement read: ” The attention of wife of the President has been drawn to a post on social media to the effect that she condemned the suspension of the Chief Justice of Nigeria.
“It is important to inform Nigerians that the wife of the president has not made any public statements on the matter and therefore the commentary is untrue and fake.
“This is highly condemnable and we, therefore, advise the purveyors of such news to recant and desist henceforth,”
Buhari has since Friday been under criticisms after he suspended Chief Justice of Nigeria, Walter Onnoghen based on an order of Code of Conduct Tribunal, CCT.
