President Muhammadu Buhari on Friday, January 25, 2019, suspended the embattled Chief Justice of Nigeria (CJN) Walter Onnoghen and appointed Mr Ibrahim Tanko Muhammed from Bauchi state as acting CJN.
However, President Buhari in a statement released late Friday, said Onnoghen was suspended based on the order of the Code of Conduct Tribunal (CCT).
Muhammed was sworn in by President Buhari this afternoon at the council chamber of State House Presidential Villa, Abuja. Justice Onnoghen is facing trial over alleged false asset declaration brought against him by the Code of Conduct Bureau.
Alhaji Atiku Abubakar, Waziri Adamawa and presidential candidate of the Peoples Democratic Party (PDP), has on Friday, January 25, rejected the suspension of Chief Justice of Nigeria Walter Onnoghen by President Muhammadu Buhari.
The statement read: “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. “This brazen dictatorial act is the latest action in the ongoing abuse 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.
“The fact that the unlawful suspension of Chief Justice Walter Onnoghen was announced just as it became public knowledge that the CJN was constituting the election petition tribunals is not lost on discerning Nigerians and the international community. This act of desperation is geared towards affecting the outcome of the 2019 presidential elections.
“The case involving the legality or otherwise of the charges against Chief Justice Walter Onnoghen is in court, as it should be. So far, the judiciary has ruled in Justice Onnoghen’s favour. So, why not allow the court to adjudicate on the matter? What is the pressing urgency? “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. “I also urge the international community to follow the commendable example of the United States and the United Kingdom by intervening to make those involved in this undemocratic act know that their actions will have consequences.
Strong consequences. “And to the Nigerian electorate, I call on you to save your beloved country from dictatorship by voting against President Muhammadu Buhari’s desperate war against the judiciary. Our country is falling apart under the leadership of President Buhari and it is time to stand up for democracy,” the statement added.
SUSPENSION COUP AGAINST THE JUDICIARY- NBA
The Nigerian Bar Association (NBA) has said condemned the suspension of Justice Walter Onnoghen as the Chief of Nigeria (CJN) and replacing him with Justice Ibrahim Tanko Mohammed in an acting capacity.
A statement made available to newsmen late yesterday said the 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, according to the NBA boss, Paul Usoro (SAN) in the statement, portends a slide into anarchy and complete deconstruction of the Rule of Law and due process.
The association said. 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, which, to the knowledge of the Executive, had, only the previous day, Tuesday, 22 January 2019 adjourned its proceedings to Monday, 28th January 2019 and has before it a Motion on Notice that is yet to be argued, seeking the same reliefs as were contained in the purported ex-parte application, to wit, the suspension of the CJN, amongst others.
The NBA then called on the Federal Government to avert the looming constitutional crisis precipitated by its ill-advised action and demanded the reversal of the purported suspension of Justice Walter.
“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”, the statement added.
The Peoples Democratic Party (PDP) has rejected in its entirety, what it observed as the attempts by President Muhammadu Buhari to foist “an illegal” Chief Justice on the nation while the substantive Chief Justice of Nigeria, Justice Walter Onnoghen is still in office.
In its reaction to the suspension of Justice Walter Onnoghen as the Chief Justice of Nigeria (CJN) by the President, the party said in a statement that it firmly holds that “such impunity cannot stand, as Nigeria is a nation governed by law and not by the whims and caprices of a dictatorial leader. President Buhari wants to ruin our country and we will never allow him.”
Signed by Kola Ologbondiyan National Publicity Secretary and Director, Media & Publicity PDP Presidential Campaign Organization (PPCO), the statement said Nigerians must reject the incendiary move by President Buhari to forcefully suspend the constitution, annex the judicial arm of government and open the nation up for full-blown totalitarianism to achieve his self-succession bid, having realized that he cannot win in the 2019 general election.
FAYOSE REACTS- BUHARI NOT DIFFERENT FROM ADOLF HITLER
Former Ekiti State Governor, Ayo Fayose, has likened President Muhammadu Buhari to Adolf Hitler, after he ordered the suspension of Walter Onnoghen as the Chief Justice of Nigeria (CJN).
Fayose claims Buhari acted on a “black market order” from the Code of Conduct Tribunal (CCT).
“A President who chose to obey a Black Market order from the CCT to illegally suspend a CJN but refused to obey Valid Court Orders on El-Zakzaky, Dasuki and others is not different from Adolf Hitler,” Fayose tweeted via his verified account.
Buhari had on Friday suspended Onnoghen and immediately appointed Tanko Mohammed as acting CJN.
Explaining his reason, the President said he suspended Onnoghen, following an order from the CCT, asking him to wield the big stick.
It added: “President Buhari’s action in attempting to unilaterally appoint a Chief Justice and foist him on our country is a direct invitation to anarchy, national confusion and a monumental crisis capable of derailing our democracy and destroying our corporate existence as a nation.
“It is now clear to the world that President Buhari, in his selfish self-succession bid, is out to cause mayhem in our nation and truncate the smooth conduct of the 2019 election, not minding the consequential human and material losses.
“There can be no two Chief Justices of Nigeria. Our constitution is clear on how a Chief Justice is appointed and removed as such does not lie on the prerogative of the President. As such, we urge all Nigerians and the international community to recognize only Justice Walter Onnoghen as the Chief Justice of Nigeria.
“Furthermore, the PDP invites the international community and particularly the United States and the United Kingdom to note that this assault on the judiciary is geared towards subverting 2019 general elections and as such immediately list President Buhari and APC leaders for proposed sanctions on election riggers and perpetrators of violence in the general election.
“The world already knows how the Buhari administration has trying to compromise the electoral process, including the refusal to sign the amendment to the Electoral Act, as well as the foisting of Mr President’s relation by marriage, Mrs Amina Zakari to coordinate the collation of Presidential election results.
“The PDP wants President Buhari to know that this nation belongs to all Nigerians. Our nation is a democratic state governed by the constitution and the law and Nigerians will never allow anybody to appropriate rulership to himself outside the dictates of the law.
“President Buhari tried to forcefully remove the leadership of the National Assembly and fail. His attempt to annex the judiciary and impose a Chief Justice that will surrender the judiciary to him is also already dead on arrival.
“Finally, the PDP calls on the National Assembly to immediately reconvene and proceed with legislative actions against President Buhari for this gross misconduct.”
Also, the Coalition of United Political Parties (CUPP) viewed the removal of the CJN as a judicial coup that must be resisted by all lovers of democracy. In a statement issued its spokesman, Ikenga Imo Ugochinyere, in Abuja, it noted that “Buhari has finally overthrown constitutional governance,” adding: “This fictionalisation of the judiciary will not stand.”
The statement added: “As far as the law of the land is concerned, Onnoghen remains the CJN. We will not recognise any other person who may be occupying that office illegally. “
The statement affirmed that Justice Tanko Muhammed who has been appointed as the acting CJN is “a usurper.”
It urged the National Judicial Council (NJC) to get rid of him just as it urged lawyers to ignore him as long as he remains on that seat.
The CUPP explained: “Onnoghen’s illegal removal was aimed at stopping the swearing-in of members of the 2019 general election petition tribunal.
“We have been vindicated on our earlier alarm that Buhari wants to appoint pro-APC CJN to help use the judiciary to affirm APC candidates in the 2019 pre and post-election litigation.
“We hereby call on lawyers, judges and judicial staffs to downtown immediately. This is the last battle and it must be won. The NBA should immediately call out all lawyers. All courts must be shut now while the nationwide protest against this impunity should also commence.
“The CJN must remain in office and disregard this announcement as the President has no power to suspend him.
“The Senate should reconvene now and start impeachment process against the President for acting against the provision of the Constitution he swore to uphold.
“Buhari has shown with this development that he is the cruellest and barbaric President Nigeria ever had. “A man who rode to power on the basis of respect for the rule law and fundamental principles of democracy has chosen to play to the gallery of dictatorship to right elections. Let see how it goes.
“But we know that this is going to be the beginning of democracy in Nigeria. The democratic institutions will fight back. Trust me it is the beginning of democracy in Nigeria. Out of adversity comes strength.”
The presidential candidate of the People’s Trust, Gbenga Olawepo-Hashim, said it has become clear that President Muhammadu Buhari is leading the country into chaos with his decision on the erstwhile CJN Walter Onnoghen.
Olawepo-Hashim said this in an interview with journalists on Friday.
He called on Buhari to immediately resign his position or risk being removed from office.
He also called for international sanctions against all officials of the present administration.
The presidential hopeful said, “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.”
The Chairman of the Presidential Advisory Committee against Corruption, Prof Itse Sagay (SAN), has defended the suspension of the Chief Justice of Nigeria, Walter Onnoghen, who is facing charges for alleged fraudulent assets declaration.
The Federal Government announced the suspension of the Chief Justice on Friday, stating that the action followed an order of the Code of Conduct Tribunal dated January 23, 2019.
It added that the suspension would stand till the conclusion of his trial at the Code of Conduct Tribunal.
President Muhammadu Buhari, on Friday, swore in Justice Ibrahim Tanko from Bauchi State as the acting Chief Justice.
Speak on the constitutionality of the suspension, Sagay in a telephone interview said Buhari was legally empowered to suspend Onnoghen.
He said, “It is constitutional. If you look at Section 292 of the constitution, paragraph one clearly makes provision for that where the Chief Justice is guilty of a code of conduct.
“The provision is very clear. It states that where the Chief Justice is guilty of a breach of the code of conduct, he can be removed by an address of two-thirds majority of the Senate. It is quite clear that the Senate itself cannot initiate that address; there is only one person who can do that and that is the President.”
Section 292 (1) of the constitution reads in part, “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 Chief Justice of Nigeria, President of the Court of Appeal, Chief Judge of the Federal High Court, Chief Judge of the High Court of the Federal Capital Territory, Abuja, Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja and President, Customary Court of Appeal of the Federal Capital Territory, Abuja, by the President acting on an address supported by two-thirds majority of the Senate.”
The second Vice Chairman of the Nigerian Bar Association, Barrister Monday Ubani has said that the President cannot unilaterally suspend the Chief Justice of Nigeria, Walter Onnoghen.
Ubani who spoke on the issue maintained that Onnoghen’s suspension is strange, while calling on President Buhari to give more clarity.
“It sounds a bit strange to me because I know that presently, the matter is before the Code of Conduct Tribunal and even the court of Appeal has asked for a stay of proceedings.
“I also know that there is pending motion for the CJN to recuse himself to be suspended but that motion has not been heard and granted.”
“But what I heard from the news now is that the President said he is acting on the orders of the CCT that the CJN should be suspended. I don’t know when that order was given.”
“All I want to say is that I don’t know if the CJN can be suspended or removed without a process. its either that process comes from the NJC, the Courts or the Senate. These are the three regulatory bodies that can suspend or remove a CJN. The President cannot unilaterally do this.
“This particular suspension and removal to me sounds strange. The President may have to give us more details. There is a problem somewhere. The president should give us proper meaning to what has taken place.”
Onnoghen: Buhari has insulted the constitution – Agbakoba reacts to CJN’s suspension
A former President of Nigerian Bar Association (NBA), Chief Olisa Agbakoba (SAN), has blasted the decision of President Muhammadu Buhari to suspend Walter Onnoghen, as the Chief Justice of Nigeria.
Buhari had on Friday suspended Onnoghen and immediately appointed Tanko Mohammed as acting CJN.
Explaining his reason, the President said he suspended Onnoghen, following an order from the Code of Conduct Tribunal, CCT, asking him to wield the big stick.
In a statement Agbakoba made it clear that Buhari’s action “is the most brazen assault on Nigeria’s constitutional history” and criticized Mohammed for accepting to be sworn in.
“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 Hon. 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 Onnoghens matter in order to determine if it had jurisdiction to try Justice Onnoghen. The Presidents 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.”
CONTINUE REFRESHING TO LOAD NEW REACTIONS
