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The Reformed Niger Delta Avengers (RNDA) has commended President Muhammadu Buhari’s decision to suspend Walter Onnoghen as the Chief Justice of Nigeria.

According to the group, Onnoghen "failed the integrity test".

The President suspended Onnoghen on Friday and appointed Justice Ibrahim Tanko Mohammed to take his position, although in acting capacity. See Also Breaking News BREAKING: Buhari Suspends Onnoghen, Swears In Tanko Mohammed As Acting CJN 0 Comments 1 Day Ago

According to Buhari, Onnoghen's suspension is the result of an order by the Code of Conduct Tribunal (CCT), before whom the suspended CJN is standing trial for fraudulent declaration of assets. See Also Breaking News BREAKING: I Expected Onnoghen To 'Swiftly' Remove Himself, Says Buhari 0 Comments 1 Day Ago

A statement by Johnmark Ezonebi, leader of the group, issued on Saturday, applauded Buhari for the move.

The statement read: “We, as a group agitating for the overall development of the region, do applaud President Muhammadu Buhari for the suspension of the CJN of the federation, Mr Ononghen, because the CJN has failed the integrity test and he did not have the boldness and the courage to fight the anti-corruption war which Mr President has been fighting against since he came on board in 2015.

"The six-year administration of former President Goodluck 'Badluck' Jonathan was characterised by massive corruption, looting and gross non-supervision of his appointees with no completed project in the long-neglected region set the people and region back to the stone age of underdevelopment.

“Without much ado, we want to say that President Buhari’s fight against corruption, which was the signpost of the previous PDP administrations, had clearly defined his stand on the development of the region."

The group also commended the present administration “for the smooth take-off of academic activities at the Nigerian Maritime University, Okerenkoko”, as well as the president’s directive for the “approval of the dredging of the Escravos Warri River at the cost of N13billion to enable cargo vessels access Warri sea port, which will in turn boost economic activities in the Niger Delta”, among other listed achievements.

The group, however, urged the president “to try as much as possible to direct the immediate release of the Gas Flare Penalty Fund for affected oil-producing communities in the Niger Delta”.

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Kingsley MOGHALU, the presidential candidate of the Young Progressives Party (YPP) is one of the four main contending candidates in the next general elections. He was one of the CBN technocrats who worked with the PDP government and had been part of the many World Bank devotees who had helped to impose disastrous policies like the Soludo-led Banks Consolidation and Bailouts that helped PDP business men to go scot free with the rape of the banks. Many of those consultants came up with economic policies like NEEDS, SEEDS, FDI, Deregulation, Naira Devaluation, PPP, and such others that have turned Nigeria into the world capital of poverty today.

Many of these PDP technocrats contesting today are hiding the fact that they are younger and have been personally successful and can safety been seen by youths as models. But personal success does not determine societal wellbeing. Youths must be engrossed with finding a candidate that have the ideological clarity and revolutionary zeal to lead the coming revolution.

Among the "youth" candidates, he comes behind the activist Omoyele Sowore but still leads a good number of supporters. He has done less practical campaign to Sowore but is being seen by many liberals as a moderate candidate.  

Liberals are quite dangerous as they usually work more as moles and agents than as real leaders in a political set up like Nigeria. The ernormity of the need to have an anti-establishment candidate is great considering the fact that both the two sections of the ruling class has shown that they would never drive real societal development, as well as redistribution of wealth. PDP and APC are to most Nigerians, the devil and the deep blue sea. Thence the mass desire for a real alternative. But the alternatives are basically four until now. Except Sowore, the other three were part of Presidential Aspirants Coming Together (PACT). The main reason is more ideological than the sentiment of youthism. It should be noted that one of the worst performing governors, Yahaya Bello of Kogi, is probably the youngest.

This piece shows that beneath the candidacy of Kingsley Moghalu and the likes lies a loyalty to the old order and a tendency to be a clog in the wheel of our revolutionary progress. Efforts are also geared towards showing that antecedents matter and history has shown that Moghalu played prominent roles in the failed PDP Economic Teams and is still very loyal to anti-people ideas. We however opine that change-seekers should be concerned about winning his supporters to our side and party through patient explanation and thorough understanding of principled issues at stake.

Kinsley Moghalu has been a Neo-liberal Agent in the Central Bank of Nigeria (CBN) having undergone works with the UN. Though he now pretends to be a good guy, his history shows otherwise.

Moghalu played a leading role in the fraudulent and anti-people bail-out of banks that was led by Charles Soludo, then governor of CBN. That many banks like Intercontinental bank froze later and the Sanusi-led bank reforms had to send many of the gluttonic bank owners to exile and court, tells a lot about a man that claims to be a saint now.

When Sanusi later exposed the corruption of the Jonathan government in the CBN and he was immediately victimized, Kingsley Moghalu sided with Jonathan. In an exclusive interview with Interpo, the YPP presidential candidate opined:

"the governor began to make very damaging public allegations against the government... allegations that have not been proven, after the president had sent him a presidential query about the finances of the central bank. The government has given a reason for the suspension and that was... to enable an investigation into the allegations against him."

Mocking Sanusi's revelations over exposing one of the biggest public thefts in our history ever, he blasted: "Somebody in the central bank was taking on an activist political role. That is not our function. Central banks over the world have clear functions and in your country [Britain] and any other civilised country I know that central bank governors operate within certain expectations and constraints and respect those expectations and constraints."

Yet, Kinsley Moghalu have pasted posters tagged "OUR MUMU DON DO" He has also been talking as if he believes in anti-corruption. But when it comes to fighting alongside his boss in the CBN against the evidently corrupt Goodluck Jonathan government in a grand fraud that is still keeping Mrs Diezani Allison Madueke abroad now while some others have been blacklisted, he played the reactionary card. Such unprincipled person cannot clean the Augean stable in the poverty capital of the world!

Though rumours have it that Sanusi is now involved in the sponsorship of Moghalu's campaign, our political faith is never in tandem with ruling class elements who only have love-lost friendship on the basis of power and interest other than the interest of the generality of the working people. 

Nigerians need to very focused in this elections. We need a candidate that can be trusted by the masses. We need a candidate that is a revolutionary, not one that hated activism and only  tries to be one now. We need a candidate that was part of our history of struggles. We cannot afford refined capitalists who claim to be technocrats but has destroyed our economic development since we fought the military.

We must be careful of candidates that have ties with the PDP and the ruling class agents.

The why Moghalu does not believe in a Living Wage, unlike Sowore who believes a #100,000 minimum wage for an average worker "would never cause inflation". Instead, the ghost workers as Senators and governors are earning tens and hundreds of millions and inflation never arise.

We have a country to take back. We must do this by any means necessary, but we must never shoot pur own selves in the legs. Only a revolutionary movement can take back Nigeria. Only a party with radical building and spread like the AAC can lead the way in the quest to build another country where poverty and inequality would be abhorred, while collective prosperity and equal distribution of work and wealth will be the national principles.
If we truly want another Nigeria, we must embrace the hard line!

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The purported suspension of the Chief Justice of Nigeria (CJN), Honourable Justice Walter Onnoghen, by President Muhammadu Buhari is unequivocally unconstitutional, illegal, immoral and grossly indefensible. What General Buhari has done, putting it mildly, is a brazen coup against democracy.

The following 20 (twenty) points are worth noting:

1. The office of the CJN is not a ministerial or extra-ministerial position. It is a creation of Sections 230 (1) (a) and 231 (1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) (subsequently referred to as ‘the Constitution’).
2. The Chief Justice of Nigeria is the head and symbol of authority of the Nigerian Judiciary. The Judiciary is neither an agency of the federal government nor a department in the Executive. It is one of the three Arms of Government and is established by Section 6 of the Constitution. The CJN is to the judicial arm of government what the President is to the executive arm. The three arms are co-equals and none is subservient to the other.
3. The President cannot appoint or remove the CJN unilaterally. The Constitution has explicitly stated the procedure for the appointment and removal of the CJN and no court, tribunal, president or other authority or person in Nigeria can derogate from, override or alter the said procedure.
4. By Section 231 (1) and (2) of the Constitution, the appointment of the CJN requires the compulsory involvement of the three arms of government. The President appoints the CJN on the recommendation of the National Judicial Council (NJC) subject to the approval of the Senate.
5. By virtue of Section 292 (1) and Paragraph 20 and 21 of the Third Schedule to the Constitution, the CJN enjoys security of tenure and is not removable except within the strict procedure and for the specific reasons enshrined therein.
6. The CJN as a judicial officer can only be removed from office by the President acting on an address supported by two thirds majority of the Senate for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or body) or for misconduct or contravention of the Code of Conduct. Anything contrary to this procedure is unconstitutional.
7. The NJC has not recommended the removal of Justice Onnoghen to the President. The NJC has not exercised its exclusive disciplinary control over Justice Onnoghen. Only the NJC is constitutionally vested with the power of disciplinary control, including power of suspension, over a judicial officer. In exercising that power, Section 158 (1) of the Constitution states that the NJC shall not be subject to the direction or control of any other authority or person. See the case of HON. JUSTICE RALIAT ELELU-HABEEB & ANOR. ATTORNEY-GENERAL OF THE FEDERATION & 2 ORS. (2012) NWLR (PT. 629) 1011 where the Supreme Court emphatically pronounced on the issue of how a judicial officer can be sanctioned.
8. I have perused the Certified True Copy of the enrolled ex-parte order made by the Code of Conduct Tribunal dated Wednesday, 23rd January, 2019. I find the said order extremely offensive to the Rule of Law. The Order seeks to achieve that which the Constitution has unarguably forbidden.
9. The enrolled order signed by the Chairman of the Code of Conduct Tribunal (CCT), Hon. Danladi Y. Umar, and one other member of the Tribunal (Hon. Mrs. Julie A. Anabor), purports to direct Hon. Justice Onnoghen to ‘’step aside’’ as the CJN and Chairman of the NJC pending the determination of the Motion on Notice dated the 10th day of January, 2019. On the face of the said order, the name of the legal practitioner who moved the motion ex-parte is not stated. This is rather strange. Did the Tribunal suo moto (on its own motion) move the motion?
10. Interestingly, the same Tribunal sat on Tuesday, 22nd January, 2019 and adjourned to Monday, 28th January, 2019 to rule on the Preliminary Objection filed by Justice Onnoghen challenging the jurisdiction of the CCT to try him without recourse to the NJC contrary to the decision of the Court of Appeal in the case of NGANJIWA v FRN (2017) LPELR-43391(CA).
11. The law is firmly settled that once the jurisdiction of a court or judicial tribunal is challenged, the only jurisdiction the court has is to determine whether it has jurisdiction. The CCT having been seized of the frontal challenge to its jurisdiction, could not have granted an ex-parte order on the 23rd of January, 2019 without determining whether it has jurisdiction. In the recent case of ATTORNEY-GENERAL OF THE FEDERATION v. ATTORNEY-GENERAL OF LAGOS STATE (2017) LPELR-42769(SC), the Supreme Court restated this sacrosanct principle thus:     ‘’There is no gainsaying that issue of jurisdiction is radical and a crucial point which when raised, is challenging the competence of the Court to hear and determine the case. Any proceedings conducted by a Court which does not have jurisdiction, no matter how well or brilliantly it was conducted is a nullity. See Dapianlong vs Dariye (2007) 8 NWLR (pt. 1036) 332. That is the more reason why when Court's jurisdiction is challenged, the Court must first of all assume jurisdiction to decide whether in very clear and unambiguous terms, it has or lacks jurisdiction. See State Dosunmu Mansion vs Halliburton Energy Services Ltd (2007) 2 NWLR [pt.108) 211; Nnonye v Anyichie (2005) 2 NWLR (pt. 910) 623. Per SANUSI, J.S.C. (p. 43-45, pp. D - A).’’
12. The CCT, without determining whether it has jurisdiction over Justice Onnoghen as required by law, proceeded to give a flagrantly illegal order purporting to suspend the CJN from office. That order, with the greatest respect, is reminiscent of the inglorious order given by Justice Bassey Ikpeme stopping further announcement of results of the June 12, 1993 presidential election which crystalized into the criminal nullification of the June 12, 1993 election by the Babangida junta.
13.  I have read the long statement made by President Buhari while swearing-in Hon. Justice Ibrahim Tanko Mohammed as the Acting Chief Justice of Nigeria. Buhari struggled unsuccessfully to justify his unlawful action by relying on the order of the CCT. The Constitution does not say that the President shall suspend the CJN based on the order of a court or tribunal. It is a desecration of our Constitution for Buhari to suspend Justice Onnoghen.
14. Those arguing that the President merely suspended the CJN and has not removed him are either oblivious of the law or willfully mischievous. The CJN is not an appointee of the President and does not hold office at the pleasure of the President.
15. President Buhari cannot suspend the CJN. The CCT cannot give an order directing the President to remove or suspend the CJN. The CCT cannot ask the CJN to ‘’step aside’’. This conspiratorial attack on the institution of the Judiciary is a dangerous precedent. Can a judge give an order suspending the President from office without recourse to the National Assembly? If the answer is in the negative, why should the President suspend the CJN whose tenure is constitutionally protected without recourse to the NJC and the Senate as prescribed in the Constitution?
16. The CCT Chairman, Danladi Umar, is himself a subject of a pending criminal charge filed by Mr. Festus Keyamo at the Federal High Court on behalf of the EFCC. The CCT Chairman despite the pendency of the criminal charges against him, has not stepped aside and has not been suspended.
17. Mr. Okoi Obono-obla, the President’s aide on Public Prosecutions, has not been fired, arrested or prosecuted despite his indictment by the House of Representatives for certificate forgery as attested publicly by the West African Examination Council. Mr. Maina is yet to be prosecuted for allegedly stealing pension funds. There are myriads of odiferous corruption cases against people and officials who are close to this President. Yet, Buhari continues to shield alleged criminals who are his friends and party men. Mr. Buhari is accusing Justice Onnoghen of failure to declare his assets, however, it is on record that Buhari’s own asset declaration is still shrouded in secrecy, and has not been publicly disclosed as he vehemently promised in 2015. What could be more hypocritical than this?
18. One wonders whether a single Justice of the Supreme Court can determine the decision of the court. The Supreme Court sits in a panel of five or seven Justices. If a decision of the Supreme Court is fraudulent procured through bribery, it is only logical to infer that all or majority of the members of the panel were bribed. I am not holding brief for Justice Onnoghen. However, given the delay that greeted the appointment of Justice Onnoghen, one is tempted to ask whether his security clearance was compromised?
19. Prof. Itse Sagay has stated that the suspension of Justice Onnoghen is constitutional because the President is empowered to remove the CJN for breach of the Code of Conduct. The learned silk, with respect, is turning the law on its head. That line of argument is inconsistent with the right to presumption of innocence enshrined in Section 36(5) of the Constitution. Justice Onnoghen has not been convicted by any court or tribunal. It is therefore preposterous to say that the President can remove him for violating the Code of Conduct.
20. Let me end by submitting that the atrocious, unconscionable, unconstitutional and duplicitous suspension of the CJN by this vicious and totalitarian regime has eroded our democracy. We all have a duty to oppose and resist it, not for the sake of Justice Onnoghen, but for the sake of posterity and the verdict of history. We should not excuse or defend this crass impunity because of political expediency.

Corruption must be tackled, but not by corrupt means. We must send a message to President Buhari that Nigeria is greater than him.

Enough is enough.

 

Inibehe Effiong is a Lagos-based legal practitioner and human rights activist.

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Some Civil Society Organisations (CSOs) have staged a protest in Abuja, asking the United States of America and the United Kingdom to "activate their warning by placing visa restrictions and  prosecute those who participated in the illegal and unconstitutional suspension of Walter Onnoghen as the Chief Justice of Nigeria".

The organisations also called for the prosecution of President Muhammadu Buhari at the International Criminal Court (ICC).

The protest took place in front of the US Embassy, and attracted the presence of several activists and youth groups, who described the suspension of the CJN by as "a threat to democracy and an obvious interference in the 2019 general election".

Speaking on behalf of the group, Ariyo-Dare Atoye, Convener, Coalition in Defence of Nigerian Democracy and Constitution, said the suspension of the CJN is a "ploy to influence the outcome of the 2019 general election", noting that the action is "an onslaught against the judiciary".

He said: "Justice Onnoghen was scheduled to swear in on Saturday, judges who will sit on election petitions that may arise from the 2019 elections, when Buhari and his accomplices struck on a day before to stop the action. It has become obvious to Nigerians that Buhari's only plan is to rig the elections and shop for pliable, compromised and corrupt judges who will give him and his political parties some soft landing.

"This action is worse than rigging on election day. It is an obvious case of interference and setting the stage for a total compromise, and we are calling on the US/UK government to activate their visa restrictions on Buhari and his family, Abubakar Malami, the Attorney General of the Federation; Justice Tanko Yusuf; Danladi Umar, the Code of Conduct Tribunal Chairman, and others involved in the putsch against the judiciary."

Also speaking at the protest, Ikenga Imo Ugochinyere, spokesperson for National Interest Group, said the President has overthrown constitutional governance. 

"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. Justice Tanko Mohammed is an usurper. The NJC must sack him. Lawyers must ignore him as long as he remains on that seat," he said.

He noted that Onnoghen's removal was aimed at the swearing-in of members of the 2019 general election petition tribunal.

In his submission, Adebayo Raphael, Co-Convener of the Free Nigeria Movement, described the suspension as a "despotic assault on Nigeria's judiciary and the collective sensibilities of the people of Nigeria".

"This is no doubt a wake-up call to all Nigerians to rise and resist the despotic reign of General Muhammadu Buhari. It is also a call to reawaken us from our docility and to tell us that when we call for a protest, the least we should be afraid of is death. No man can ever plan for death," he added.

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A mural by the British artist painted in tribute to the victims of the 2015 terror attack is removed.

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US police are searching for a gunman suspected of killing five people, including his parents.

The British High Commission has expressed "serious concern" about the suspension of Walter Onnoghen as the Chief Justice of Nigeria (CJN).

President Muhammadu Buhari had suspended Onnoghen on Friday, and subsequently supervised the swearing-in of Ibrahim Tanko Mohammed as the acting CJN.

A statement by the UK on Saturday based its concern on the constitutionality of Buhari's action, noting that the timing of the action, which is just before the national elections, “gives cause for concern”.

The statement read: “The British High Commission expresses serious concern over the suspension of the Chief Justice of Nigeria. We have heard a wide range of credible and independent voices, including in the Nigerian legal profession and civil society, who have expressed concern over the constitutionality of the executive branch’s suspension of the chief officer of the judiciary.

“We respect Nigeria’s sovereign authority and its right to adjudicate on constitutional provisions but as friends of the Nigerian people, we are compelled to observe that the timing of this action, so close to national elections, gives cause for concern. It risks affecting both domestic and international perceptions on the credibility of the forthcoming elections. We, along with other members of the international community, are following developments closely.

“We encourage all actors to maintain calm and address the concerns raised by this development through due process, demonstrating their commitment to respecting the constitution and the impartial administration of the rule of law. We further urge them to take steps to ensure that elections take place in an environment conducive to a free, fair and peaceful process.”

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The British High Commission has expressed "serious concern" about the suspension of Walter Onnoghen as the Chief Justice of Nigeria (CJN).

President Muhammadu Buhari had suspended Onnoghen on Friday, and subsequently supervised the swearing-in of Ibrahim Tanko Mohammed as the acting CJN.

A statement by the UK on Saturday based its concern on the constitutionality of Buhari's action, noting that the timing of the action, which is just before the national elections, “gives cause for concern”.

The statement read: “The British High Commission expresses serious concern over the suspension of the Chief Justice of Nigeria. We have heard a wide range of credible and independent voices, including in the Nigerian legal profession and civil society, who have expressed concern over the constitutionality of the executive branch’s suspension of the chief officer of the judiciary.

“We respect Nigeria’s sovereign authority and its right to adjudicate on constitutional provisions but as friends of the Nigerian people, we are compelled to observe that the timing of this action, so close to national elections, gives cause for concern. It risks affecting both domestic and international perceptions on the credibility of the forthcoming elections. We, along with other members of the international community, are following developments closely.

“We encourage all actors to maintain calm and address the concerns raised by this development through due process, demonstrating their commitment to respecting the constitution and the impartial administration of the rule of law. We further urge them to take steps to ensure that elections take place in an environment conducive to a free, fair and peaceful process.”

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The Human Rights Writers Association of Nigeria (HURIWA) says the suspension of Walter Onnoghen as the Chief Justice of Nigeria (CJN), and swearing in of another judge as acting CJN, "without due process amounts to high treason".

The group also said for taking the action outside the provisions of the Constitution, "the President should be impeached".

President Muhammadu Buhari had suspended Onnoghen and swore in Ibrahim Tanko Mohammed as the acting CJN on Friday. See Also Breaking News BREAKING: Buhari Suspends Onnoghen, Swears In Tanko Mohammed As Acting CJN 0 Comments 23 Hours Ago

In his remarks on Onnoghen's suspension, the President had premised his decision on "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 fora relating to his alleged breach of the Code of Conduct for Public Officers". See Also Breaking News BREAKING: I Expected Onnoghen To 'Swiftly' Remove Himself, Says Buhari 0 Comments 21 Hours Ago

However, a statement by Comrade Emmanuel Onwubiko and Miss Zainab Yusuf, the National Coordinator and National Media Affairs Director of HURIWA, respectively, quoted Section 292 of the Nigerian Constitution which does not expressly distinguishe between “temporary removal (suspension) from a permanent removal (sack)”.

According to the provisions of the 1999 Constitution, the CJN can only be removed with the knowledge of the National Assembly — the removal must be approved by two-thirds majority of the National Assembly.

Portraying HURIWA’s contrary position to the President’s decision to suspend the CJN, the statement read: “The power to remove is different and is even more stringently interpreted in employments with statutory flavor as in this case, but we have not even begun to talk about the power of removal. Granted that the CCT may have a constitutional role in the removal of the CJN going by a wholistic reading of the above provisions, but there is no statutory provision that clothes the CCT with power to order the CJN or any person appearing before it to step aside or recommend that the President should suspend the CJN or anyone appearing before it.

“Such a procedure amounts to denying the CJN or whoever has been subjected to such treatment by the CCT, his constitutionally guaranteed presumption of innocence and is an imposition of punishment by the CCT even before it has made a finding of guilt (which finding is even appealable to the Court of Appeal). Even after finding a person such as the CJN guilty of a contravention against the Code of Conduct the Constitution strictly lists the punishments it can impose on the guilty party (subject to his right of appeal) and the listed punishments do not include suspension or recommendation for suspension. It is putting the cart before the horse, and a violation of the rights of the accused to a fair trial, to suspend him from office while he is undergoing trial before your court when you are not his employer who has initiated disciplinary proceedings against him.

“The suspension of the CJN by the president under whatever guise constitutes a constitutional infringement of the principle of separation of powers and a usurpation of the disciplinary powers of the NJC enshrined in the Constitution. The power of removal granted under the constitution not being an absolute power but one predicated on specified conditions and requiring the participation of other actors alongside the President, does not include the power to unilaterally suspend which is under of the disciplinary powers of the NJC. 

“As we have always maintained the decision in the Nganjiwa case, in blurring the delicate lines between disciplinary and penal proceedings may have unwittingly contributed to the desperation that led to this monumental blunder in suggesting to the minds of those ignorant of the workings of the law, that the judiciary was hell-bent on protecting its corrupt members and shielding them from the reach of the law. While the current blunder is inexcusable, we can feel the reverberating effect of the Nganjiwa case in the spate of court orders and applications that has trailed this particular case and finally culminated in this desperate measure whether well motivated or ill motivated. In the final analysis, this ill-advised move has rendered nugatory whatever credibility there seemed to be in the initial revelation of undeclared asset by the CJN and transformed the case into one of ill-advised abuse of power. Two wrongs do not make a right.”

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The Human Rights Writers Association of Nigeria (HURIWA) says the suspension of Walter Onnoghen as the Chief Justice of Nigeria (CJN), and swearing in of another judge as acting CJN, "without due process amounts to high treason".

The group also said for taking the action outside the provisions of the Constitution, "the President should be impeached".

President Muhammadu Buhari had suspended Onnoghen and swore in Ibrahim Tanko Mohammed as the acting CJN on Friday. See Also Breaking News BREAKING: Buhari Suspends Onnoghen, Swears In Tanko Mohammed As Acting CJN 0 Comments 23 Hours Ago

In his remarks on Onnoghen's suspension, the President had premised his decision on "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 fora relating to his alleged breach of the Code of Conduct for Public Officers". See Also Breaking News BREAKING: I Expected Onnoghen To 'Swiftly' Remove Himself, Says Buhari 0 Comments 22 Hours Ago

However, a statement by Comrade Emmanuel Onwubiko and Miss Zainab Yusuf, the National Coordinator and National Media Affairs Director of HURIWA, respectively, quoted Section 292 of the Nigerian Constitution which does not expressly distinguishe between “temporary removal (suspension) from a permanent removal (sack)”.

According to the provisions of the 1999 Constitution, the CJN can only be removed with the knowledge of the National Assembly — the removal must be approved by two-thirds majority of the National Assembly.

Portraying HURIWA’s contrary position to the President’s decision to suspend the CJN, the statement read: “The power to remove is different and is even more stringently interpreted in employments with statutory flavor as in this case, but we have not even begun to talk about the power of removal. Granted that the CCT may have a constitutional role in the removal of the CJN going by a wholistic reading of the above provisions, but there is no statutory provision that clothes the CCT with power to order the CJN or any person appearing before it to step aside or recommend that the President should suspend the CJN or anyone appearing before it.

“Such a procedure amounts to denying the CJN or whoever has been subjected to such treatment by the CCT, his constitutionally guaranteed presumption of innocence and is an imposition of punishment by the CCT even before it has made a finding of guilt (which finding is even appealable to the Court of Appeal). Even after finding a person such as the CJN guilty of a contravention against the Code of Conduct the Constitution strictly lists the punishments it can impose on the guilty party (subject to his right of appeal) and the listed punishments do not include suspension or recommendation for suspension. It is putting the cart before the horse, and a violation of the rights of the accused to a fair trial, to suspend him from office while he is undergoing trial before your court when you are not his employer who has initiated disciplinary proceedings against him.

“The suspension of the CJN by the president under whatever guise constitutes a constitutional infringement of the principle of separation of powers and a usurpation of the disciplinary powers of the NJC enshrined in the Constitution. The power of removal granted under the constitution not being an absolute power but one predicated on specified conditions and requiring the participation of other actors alongside the President, does not include the power to unilaterally suspend which is under of the disciplinary powers of the NJC. 

“As we have always maintained the decision in the Nganjiwa case, in blurring the delicate lines between disciplinary and penal proceedings may have unwittingly contributed to the desperation that led to this monumental blunder in suggesting to the minds of those ignorant of the workings of the law, that the judiciary was hell-bent on protecting its corrupt members and shielding them from the reach of the law. While the current blunder is inexcusable, we can feel the reverberating effect of the Nganjiwa case in the spate of court orders and applications that has trailed this particular case and finally culminated in this desperate measure whether well motivated or ill motivated. In the final analysis, this ill-advised move has rendered nugatory whatever credibility there seemed to be in the initial revelation of undeclared asset by the CJN and transformed the case into one of ill-advised abuse of power. Two wrongs do not make a right.”

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Fredrick Nwabufo

On December 31, 1983, a putsch coordinated by General Buhari and his associates led to the demise of a democratic government. He was 41 years old at the time. And at the age of 76, Buhari has not lost the taste for “plotting”. He is still the same ol’ G.

President Buhari has cast off all pretences. He has emerged from the smokescreens. He has shredded the “uncomfortable raiment of constitutionality”, donning is beloved military fatigues. And he has dark shades on, to blind his eyes from the consequences of his summary execution of the rule of law and all that democracy represents.

Buhari has always shown his detest for democracy. He blames democracy for his ineffective, dubious and conflicted fight against corruption. In fact, he blames the all-round failures of his government on this system of government. He often cites following the due processes in the system as a drawback to his performance.

This retired general once said the “rule of law” was subordinate to national security. He once ordered a nocturnal attack on the houses of judges, and his regime once descended on the legislature, scandalising the institution and stripping it of dignity. Now, it is the head of the judiciary that is being guillotined.

The charges against Walter Onnoghen, chief justice of Nigeria (CJN), are weighty and cannot be dismissed. But there is a case in court, and legal processes have commenced already. It is then suspicious that Buhari abandoned the constitutional provisions, which stipulate that the CJN can only be suspended by the president acting on the resolution of two-thirds majority of the senate, in removing Onnoghen.

Clearly, Buhari “suspended the constitution and invoked martial law” in suspending Onnoghen. It is even more ridiculous that he based this illegality on an order of the Code of Conduct Tribunal. Is the CCT order superior to the constitution? Or is it a case of national security being superior to rule of law?

And by the way, the chairman of the tribunal is facing allegations of bribery and extortion filed against him by the EFCC, but why has he not been compelled to “step aside” to face the charges? Perhaps, he is serving a purpose now.

And really, how can one arm of government remove the head of another arm of government? When did the CJN become the appointee of the executive? This is an aberration; a violent violation of decency.

Also, there are speculations that this illegality was executed to clear the path of the regime of all obstacles in the courts after the elections. This is portentously valid. The 2019 election is already rigged.

The pattern is obvious now. It is not about Onnoghen, but about a systematic attempt of an autocracy to ensconce itself. This is why “they struck”. This is why they executed this coup against democracy.

At this time, all Nigerians must band together to resist this kraken. This is not about the APC or the PDP; it is about the survival of our country; it is about resisting a descent to fascism; it is about you.

No one is safe.

Fredrick is a media personality.

Facebook: Fredrick Nwabufo, Twitter: @FredrickNwabufo

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Sonala Olumhense Syndicated

Hiding under cover of the weekend and late in the day on Friday, President Muhammadu Buhari suspended the Chief Justice of Nigeria, Walter Onnoghen, a southerner.  

He swiftly swore in his “replacement,” a northerner whom I will not bother to name.  His identity is simply that he is a northerner, as opposed to Onnoghen whose crime is that he is a southerner.  

In his four years in office, Buhari has not hidden his disdain and disrespect for southerners and has consistently and persistently appointed northerners to critical positions.  According to him, he appoints on merit.  Which means it is only northerners he finds worthy of respect.  

Now he replaces yet another southerner with yet another northerner, to the embarrassment of both north and south.  But his latest shenanigan goes too far: under the constitution of Nigeria, he does not have the power to remove or suspend the Chief Justice.  He can only undertake such an action if he is “acting on an address supported by two-thirds majority of the Senate.”  But he didn’t consult the Senate, and there is no such motion before the Upper House.

By unilaterally suspending the CJN and having him replaced, therefore, Buhari demonstrates either that he has not read the constitution; or that, having read it, he does not understand it; or that, understanding it, he does not care about it.  

Whatever it is, he has gambled on the silence or indifference of Nigerians who care about Nigeria.  This is not about Onnoghen’s corruption or any issues he may have with anyone; this is about the constitution and laws of Nigeria.  

And Buhari is gambling that throwing Nigeria into another civil war is better than losing the re-election referendum he faces in three weeks, for that election is a referendum on his track record since 2015.

Nigerians must refuse to be thrown into a North vs South conflict.  If there is a conflict, it is for the soul of One Nigeria and her democracy.  It is Nigeria vs Buhari, and Nigerians should collectively tell him he does not own their soul.
 

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The United States Embassy has expressed "deep concern" over the suspension of Walter Onnoghen as the Chief Justice of Nigeria (CJN).

This was contained in a statement issued on Saturday.

President Muhammadu Buhari had suspended Onnoghen on Friday, and Ibrahim Tanko Mohammed was sworn in as the acting Chief Justice of Nigeria (CJN).

Onnoghen is standing trial over allegations of fraudulent declaration of assets.

The US Embassy questioned Buhari's decision to suspend Onnoghen, without recourse to legislative arm of government.

The statement read: “The Embassy of the United States is deeply concerned by the impact of the executive branch’s decision to suspend and replace the Chief Justice and head of the judicial branch without the support of the legislative branch on the eve of national and state elections.

"We note widespread Nigerian criticism that this decision is unconstitutional and that it undermines the independence of the judicial branch. That undercuts the stated determination of government, candidates, and political party leaders to ensure that the elections proceed in a way that is free, fair, transparent, and peaceful — leading to a credible result.

"We urge that the issues raised by this decision be resolved swiftly and peacefully in accordance with due process, full respect for the rule of law, and the spirit of the Constitution of Nigeria. Such action is needed urgently now to ensure that this decision does not cast a pall over the electoral process.”

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The United States Embassy has expressed "deep concern" over the suspension of Walter Onnoghen as the Chief Justice of Nigeria (CJN).

This was contained in a statement issued on Saturday.

President Muhammadu Buhari had suspended Onnoghen on Friday, and Ibrahim Tanko Mohammed was sworn in as the acting Chief Justice of Nigeria (CJN).

Onnoghen is standing trial over allegations of fraudulent declaration of assets.

The US Embassy questioned Buhari's decision to suspend Onnoghen, without recourse to legislative arm of government.

The statement read: “The Embassy of the United States is deeply concerned by the impact of the executive branch’s decision to suspend and replace the Chief Justice and head of the judicial branch without the support of the legislative branch on the eve of national and state elections.

"We note widespread Nigerian criticism that this decision is unconstitutional and that it undermines the independence of the judicial branch. That undercuts the stated determination of government, candidates, and political party leaders to ensure that the elections proceed in a way that is free, fair, transparent, and peaceful — leading to a credible result.

"We urge that the issues raised by this decision be resolved swiftly and peacefully in accordance with due process, full respect for the rule of law, and the spirit of the Constitution of Nigeria. Such action is needed urgently now to ensure that this decision does not cast a pall over the electoral process.”

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Sahara Reporters Media

Barely 24 hours after he was sworn in as the acting Chief Justice of Nigeria (CJN), Ibrahim Tanko Mohammed, has sworn in 250 members of the 2019 election tribunals.

The event held in Abuja on Saturday.

Mohammed was sworn in as the acting CJN on Friday by President Muhammadu Buhari, after the latter suspended Walter Onnoghen as the CJN.

Speaking at the event, Justice Mohammed urged the members of the election tribunal to work towards upholding the integrity of the judiciary.

More to follow...

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1. The president purportedly suspended the Chief Justice of Nigeria (CJN) acting on an ex parte Order by the Code of Conduct Tribunal.

2. Instructively, the Order was not made suo motu by the Tribunal but upon an application by the Prosecution, on behalf of Mr President's Government. Also, the application did not afford the defendant an opportunity to respond to the allegations as it was brought by a Motion Exparte.

3. Whilst the discretionary powers to grant an Ex parte Order is incidental to the powers of a judge, such powers should be excercised judicially and judiciously, and must not be ultra vires or unconstitutional.

4. There is no provision of the Constitution that speaks about the suspension of judicial officers, including the Chief Justice of Nigeria.

5. S. 292 of the Constitution that is being bandied around speaks about the REMOVAL and not the suspension of judicial officers.

6. Assuming without conceding that that section of the law applies to SUSPENSION, an address supported by two-third majority of the Senate is a condition precedent for the declaration of the suspension of the CJN by the president to be valid.

7. Moreover, the REMOVAL (or suspension for the purpose of argument) of a judicial officer must be as a result of "inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct." However, allegation or standing trial for these wrongs cannot be exalted to the status of conviction, as it is the same constitution that safeguards the presumption of innocence of a defendant. The Code of Conduct Tribunal has yet to reach a decision on the guilt of the CJN regarding declaration of his assets.

8. There is an ancillary argument in the public that he who has power to hire also has power to fire. Apparently, this argument is spurious in this circumstance. The CJN is NOT an exclusive appointee of the President like a Minister. The CJN though appointed by the President can only be so appointed on the recommendation of the NJC subject to confirmation by the Senate. If this argument is therefore to be followed to its logical conclusion, then the CJN's suspension should be preceded by the NJC's recommendation and confirmed by the Senate before it can take effect.

9. The principle of Separation of Powers, one of the foundational principles in a democracy, was conceived to prevent a situation where an arm of Government would be subject to the whims and caprices of another, as evidenced in this case.

10. If the President's team wants to hide under the inapplicable provision of S 292 to suspend the CJN, they should also be just and equitable enough to give the order of the Court of Appeal restraining the CCT from removing the CJN a purposive interpretation to cover his suspension.

11. At any rate, the purported swearing in of Honourable Justice Tanko is unconstitutional, ultra vires, null and void, as the CCT made an unconstitutional order which was unconstitutionally executed by the president.

12. The office of the Chief Justice of Nigeria is not vacant and there is nothing to show that Hon. Justice Mister Onnoghen is unable to perform the functions of the office, which could have necessitated the appointment of the most senior justice of the Supreme Court to perform those functions by the president pursuant to S. 231 (4).

13. The political context of this illegal, unconstitutional, and anarchistic move is clear. The president who feigned ignorance about the prosecution of the CJN has now purportedly suspended the CJN, following an application initiated by his hatchmen.

14. The Chairman of the CCT, who boasted in open court that it is easier to remove the CJN than to remove a CCT judge, has found the nerve to order his suspension in flagrant disregard to the clear provisions of the Constitution. It is an open secret that the Chairman is liable to blackmail by the President following the threat of prosecution for a similar offence hanging over his head.

15. The purported suspension of the CJN by the president is therefore both illegal and immoral. It is a violent rape of our nascent democracy, and should be roundly condemned by every well meaning, right thinking Nigerian.

Bamgboye is a legal practitioner

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The Peoples Democratic Party (PDP) has suspended its campaign activities for 72 hours to protest the suspension of Walter Onnoghen as the Chief Justice of Nigeria (CJN).

President Muhammadu Buhari had announced Onnoghen’s suspension on Friday, just as Ibrahim Tanko Mohammed was sworn in as the acting Chief Justice of Nigeria. See Also Breaking News BREAKING: Buhari Suspends Onnoghen, Swears In Tanko Mohammed As Acting CJN 0 Comments 23 Hours Ago

However, a press statement issued on Friday night and signed by Uche Secondus, the PDP National Chairman and Co-Chairman of the PDP Presidential Campaign Council noted that Buhari’s action is a “dangerous and brazen assault on the constitution”, and called on well-meaning Nigerians to “rise in defence of democracy”.

“The basis for this election is the democracy itself. When democracy comes under this kind of virulent attack, then the election becomes superfluous,” he said.

Noting that the PDP presidential campaign was scheduled to for Benue State on Saturday, the statement continued: “In the first instance, we are suspending our campaign for 72 hours. It is our hope that President Buhari will listen to the voice of all lovers of democracy the world over and restore democracy in Nigeria immediately and without qualifications. At the moment, the President has effectively suspended the constitution under whose basis the elections are being contested.

“The action of President Buhari represents a constitutional breach and a direct attack on our democracy. This must never be allowed to stand, as there is no way by which democracy can survive under these autocratic tendencies.

“We call on all Nigerians to rise in defence of democracy and save our nation from the imminent slide into tyranny.”

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