Walter Onnoghen. |
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 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 the 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.
Dr
Olisa Agbakoba, OON, SAN.
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