By Banji Ayoola
Peoples Democratic Party (PDP) has called on the National Assembly to immediately reconvene and take legislative actions against President Muhammadu Buhari for allegedly unilaterally suspending the Chief Justice of Nigeria, CJN, Justice Walter Onnoghen.
It warned that Nigeria was sliding towards totalitarianism, alleging that the action was a design to forcefully suspend the Constitution, weaken the Judiciary and open the nation for a full-blown totaritarianism ahead of the coming election.
The party said in a statement by its spokesman, Mr Kola Ologbondiyan that the action is a direct invitation to anarchy, national confusion and a monumental crisis capable of derailing our democracy and destroying Nigeria’s corporate existence as a nation.
It said: “Nigerians must reject the incendiary move by President Buhari to forcefully suspend our 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.”
The statement said that PDP rejected “in its entirety, the attempts” by President Buhari to allegedly “foist an illegal Chief Justice on the nation while the substantive Chief Justice of Nigeria, Justice Walter Onnoghen is still in office.”
It said “such impunity cannot stand, as Nigeria is a nation governed by law and not by the whims and caprices of a dictatorial leader,” alleging that “President Buhari wants to ruin our country and we will never allow him.”
The former ruling party said: “Nigerians must reject the incendiary move by President Buhari to forcefully suspend our 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.
“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.”
It urged the “international community and particularly the United States and the United Kingdom to note that this assault on the judiciary is geared towards subverting the 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 been 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 party charged President Buhari to know that this nation belongs to all Nigerians, noting: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,” the statement said.
It therefore called on the National Assembly to reconvene and proceed with legislative action against the President.
According to PDP, “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.
“We call on the National Assembly to immediately reconvene and proceed with legislative actions against President Buhari for this gross misconduct,” the statement added.
Suspension vindicates Obasanjo – Timi Frank
Reacting, a former Deputy National Publicity Secretary of the All Progressives Congress (APC), Comrade Timi Frank called on the international community to urgently prevail on President Buhari to reverse the alleged illegal and forceful suspension of the CJN. Onnoghen.
In an email sent to the United Kingdom (UK), United States of America (USA) and the European Union representatives in Nigeria, on Friday, he said Buhari had set a dangerous stage for massive disobedience to law and order.
Also in a press statement, he said Buhari’s action “may lead to an unfathomable chaos, anarchy and an imminent descent to a civil war in the country,” even as he called on Nigerians and the international community to know that by illegally suspending Onnoghen, Buhari has just began the implementation of his Next Level Agenda.
Frank said that former President Olusegun Obasanjo has been vindicated when he described the Buhari’s government as a return of the Abacha Era.
He insisted that the alleged dictatorial actions of the President in undermining the judiciary has unimaginable implications for the nation’s democracy.
The statement read: “Buhari has just executed a coup against democracy in Nigeria and kick-started fascism in the country,” even as he called on Nigerians to rise up and defend democracy with every resource at their disposal.
It said:“The President has practically drawn a battle line between him and the people of the Niger Delta in particular and Southern Nigeria in general.
“President Buhari has further confirmed fears in the minds of many Nigerians that the President was out to simply remove Onnoghen so as to perfect a rigging plan ahead of the forthcoming election.
“Remember how a former Director General of the DSS, from the same South-south region was removed because he was neither Hausa, Muslim nor from the North.
“I’m using this opportunity to call on the youth, leaders and elders in the Niger Delta to come to the realisation that Buhari hates Christians and does not love the people of the region.
“I also call on Nigerian Christian leaders to realise that this President has perfected plans to sack all the Christians holding critical positions in his cabinet.
“I’m using this medium to tell the international community to, as a matter of urgency, prevail on Buhari to reverse this decision.
“The international community should also know that if any crisis erupts in the country today, especially in the Niger Delta, the President should be held responsible and made to face charges at the International Criminal Court (ICC) because his Hausa/Fulani ethnic agenda would may lead the country to war.
“President Buhari was quick to illegally and unilaterally suspend Justice Onnoghen but has yet to act on the multi-billion Naira NEMA scandal involving the Vice President, the MTN scandal involving his Chief of staff, grass cutting scandal involving the former Secretary to the Government of the Federation, bribe taking video involving the Kano state governor, and many other corruption allegations replete in his cabinet.
“Buhari is desperate to hang on to power by rigging the presidential election because if it is through voting, it is clear Nigerians have reject him.
“By this action, it means that the opposition will never get justice at the Supreme Court.
It’s coup against democracy – Saraki
Also reacting, Senate President, Dr Bukola Saraki, described the suspension as a coup against democracy and a deliberate attempt to endanger our hard-won democracy.
In a statement personally signed by him, he stated that the suspension was another act of desperation by President Buhari, noteing that by the suspension of the CJN, Buhari has acted outside the provision of the constitution, exercised the powers which he does not have and that this action amounted to gross misconduct.
Saraki said: “This is an action aimed at undermining the nation’s judiciary, subverting the constitution, intimidating judges of all the courts of record, and creating uncertainty in the electoral process, thereby laying the foundation for influencing the outcome of litigations that might arise from next month’s elections.
“There is already the general belief that this hasty action was taken to pre-empt the already scheduled inauguration of election petition tribunals by Hon. Justice Onoghen and to destroy national institutions that are perceived to be uncooperative in his bid to manipulate the electoral process leading to next month’s general elections.
“By unilaterally suspending the CJN without following the provision of the constitution, President Buhari has taken an action which amounted to gross misconduct. He has simply sent a dangerous signal to the entire world that Nigeria is no longer a democratic nation and that we have returned to the old, jaded era of military dictatorship.
“Our constitution makes no provision for suspension of the nation’s highest judicial officer. The constitution provides a clear process for removal of the CJN and specify the roles of the three arms of government, beginning from the National Judicial Council (NJC), the National Assembly and lastly, the Presidency, have different roles to play in that process.
“There is no condition under which the President can usurp the powers of other arms of government. I do not know where the President and his advisers got this idea of suspending the CJN on the so-called order of the Code of Conduct Tribunal but this is novel, disingenuous and alien to our laws.
“The President and his team must have seen this so-called suspension as a short-cut to getting Hon. Justice Onnoghen out of the way since the appellate court has eventually stopped the CCT from continuing with the trial of the CJN. It is strange that President Buhari is claiming to be taking orders from a Tribunal which has been ordered by a superior court to halt all actions on the trial.
“With this action, President Buhari has initiated a process the consequence of which nobody can predict. They have precipitated a constitutional crisis.
“At this point, all democratic institutions in the country, the international community and democrats across the world should rise against this blatant act of impunity. We should jointly condemn this retrogressive, uncivilized and despotic measure.”
He however called on President Buhari to immediately reverse this decision and allow the due process of law to take its natural course in determining the guilt or otherwise as well as the suitability of Hon. Justice Onnoghen to continue as the head of the nation’s judiciary.
Lawyer asks EU to sanction Buhari
US-based lawyer, Emmanuel Ogebe, has appealed to the European Union to sanction President Buhari over the suspension of embattled CJN.
In a letter addressed to the EU Head of Delegation to Nigeria and ECOWAS Ambassador Ketil, on Friday evening, he said the suspension amounts to executive criminality.
He said the body should invoke sanctions on the President for allegedly tinkering with the nation’s legal system.
Ogebe wrote: “I wish to alert you of actions bordering on treason undertaken by the Federal Government of Nigeria today.
“Today shortly after my visit to the Supreme Court, Gen Buhari swore in Justice Tanko purportedly as the new CJN while “suspending” the constitutional Chief Justice of Nigeria Justice Walter Onnoghen. I saw both Justices and there was no inkling of this travesty.
“This is executive criminality and Buhari’s latest congenital coup attempt done precipitously to preempt the swearing in of election tribunal judges tomorrow.
“It is illegal, unconstitutional and has no effect whatsoever. APC does not appoint judges and the president has no powers to appoint and remove judges unilaterally.
“This proves that the president is neither learned nor learning and wholly incompetent to function in a constitutional order. If an ex-dictator with 12 lawyers in his government including a SAN as his vice could still screw up in such an unfathomable manner, it is clear that Buhari is hopelessly irredeemable.
“Buhari risks impeachment if he insists on shutting down an arm of government for his ill-fated re-election bid.
“Please put your delegation, the European Union, the observer mission all on notice that Buhari has dealt a lethal blow to the legal system in the desperate gasps of a sinking regime in as brazen a manner as ballot box theft.
“Please invoke necessary sanctions to revoke the visas of president Buhari and all his officers linked to thus ignoble and perfidious actions.
“We shall share with you the names of those we find culpable in this matter.”
It’s dictatorship taken too far – Atiku
PDP Presidential candidate, Alhaji Atiku Abubakar described the purported suspension an act of dictatorship taken too far.
In a statement on Friday by his media office, he rejected the suspension describing it as an anti-democratic act.
President Muhammadu Buhari had, on Friday sworn in Justice Ibrahim Tanko Mohammed as replacement for Onnoghen.
But Atiku called on Justice Onnoghen and the judiciary to resist the suspension with every legal and constitutional means that they can muster.
The statement said: “This brazen dictatorial act is the latest action in the ongoing rape of our nation’s hard-earned democracy by those who dined with anti-democratic forces.
“It’s 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. Indeed, it is not just the CJN that has been “suspended”, it is the Nigerian Constitution that has been infracted and, in effect, suspended under the guise of the suspension of the CJN”.
Atiku noted that the case involving the legality or otherwise of the charges preferred against Justice Onnoghen is still pending 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? Atiku queried.
The opposition presidential candidate called on the judiciary to unite against dictatorship.
“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 strong consequences.”
Buhari swears in new CJN
Following Onnoghen’s suspension, President Buhari on Friday sworn in a new Chief Justice of Nigeria after suspending current CJN, Walter Onnoghen. He is Justice Ibrahim Tanko Mohammed from Bauchi State.
It is not clear if the president has such powers to suspend the CJN.
Buhari said he removed Onnoghen based on an order of the Code of Conduct Tribunal dated January 23, 2019.
The new CJN was sworn in by Buhari Friday afternoon inside the council chamber of the State House, Abuja.
The swearing was done after the president signed the new Executive Order 007.
Justice Mohammed was driven into the forecourt of the president’s office at about 4:30 p.m. in a black Mercedes Benz C240 with number plate GWA:900FA.
The constitutionality or otherwise of the president’s action has sparked intense discussions among Nigerians with some commentators saying the country may have a constitutional crisis on its hands.
Onnoghen had earlier on Friday announced a plan to swear in members of the various 2019 election petition tribunals on Saturday, January 26.
The CJN said this through his media assistant, Awassam Bassey, on Friday.
Onnoghen also described as absolute falsehood, the media reports that he resigned his office, following current allegations against him.
“There’s absolutely no truth in the rumours making the round that the Hon. Chief Justice of Nigeria, His Lordship Hon. Mr Justice Walter Samuel Nkanu Onnoghen, GCON, has resigned his office. It is fake news!
“The Hon CJN was in the office all through yesterday (Thursday) and sat in court. As part of his duties, the Hon CJN will be swearing in members of the 2019 National Assembly, Governorship & State Assembly Election Petition Tribunals tomorrow (Saturday 26th January 2019),” the statement said.
Onnoghen is facing trial over alleged false asset declaration brought against him by the Code of Conduct Bureau.
The Attorney General, Abubakar Malami, had also requested that Onnoghen resigns from office, following the various allegations.
The case, currently ongoing at the CCT was adjourned till January 28.
But the Court of Appeal on Thursday ordered the tribunal to suspend sitting, pending the discharge of current applications before it.
The Court of Appeal will give its verdict on the matter on January 30.
The appeals were brought by Onnoghen who wants his trial halted, citing lack of merit.
