By Banji Ayoola
A strident appeal to save Nigeria from sliding into chaos over the looming constitutional crisis on the perceived illegal suspension of the Chief Justice of Nigeria by President Muhammadu Buhari, has been made to the National Assembly by the Nigerian Bar Association, NBA.
Specifically, the association described the “ill-advised” unlawful suspension, as a “coup against the judiciary,” as it demanded the reversal of the suspension.
Reacting in a statement by its President, Mr. Paul Usoro (SAN), on Friday, NBA called on the nation’s apex law making body to “assert its constitutional authority and powers and prevent this slide into chaos and erosion of the rule of law.”
The statement titled, ‘Coup against the Nigerian judiciary and suspension of the Nigerian constitution,’ said that President Buhari acted against the constitution by removing Onnoghen and swearing-in Justice Ibrahim Mohammed.
It said: “We call on the Federal Government to avert the looming constitutional crisis precipitated by its ill-advised action. In particular, the Nigerian Bar Association demands the reversal of the purported suspension of. Justice Walter S C Onnoghen, GCON.
“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.”
It said the ex parte order of the Code of Conduct Tribunal which the President relied on in suspending Onnoghen was an abuse of court processes.
“The NBA 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 portends a slide into anarchy and complete deconstruction of the rule of law and due process.
“It amounts to an absolute breach of the constitution and the usurpation of the powers of the Senate and the Nigerian Judicial Council. 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 – the same Tribunal that, to the knowledge of the executive, had, only the previous day, Tuesday, 22 January 2019 adjourned its proceedings to Monday, 28 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, among others.”
It’s assault on Constitution – Agbakoba
Agbakoba, a former President of NBA, in a statement, said that Buhari’s action “is the most brazen assault on Nigeria’s constitutional history” and criticized Mohammed for accepting to be sworn in.
He said: “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 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.”
President has suspended Nigeria’s Constitution: Osekhome
Constitutional Lawyer, Chief Mike Ozekhome Friday said by the suspension of the Chief Justice of Nigeria the President has suspended the Nigerian constitution.
Challengeing Nigerians to rise up in protest against what he called an ‘illegality’, he added that lawyers especially should shut down the judiciary.
In a statement, he said “The alleged suspension from office of the CJN is the vilest, thieving, most despicable, ultravires, undemocratic and brazenly unconstitutional act ever carried out by any government in Nigeria, civilian or military, since 1st January,1914, when the contraption called Nigeria was forcibly contrived through the amalgamation of Northern and Southern Protectorates.”
According to him, “The desperate act of a sit-tight president constitutes a direct suspension of the Nigerian Constitution and the entire democratic process.”
Ozekhome said the President, by his action, has resorted to “full blown dictatorship, absolutism, authoritarianisn and fascism.”
He added, “Buhari has behaved worse than what he was as a military tyrant. Military juntas always only suspended parts of the Constitution they did not like.
“But, by torpedoing the entire judiciary, rule of law and due process, including four valid High Court/Federal High Court rulings and yesterday’s ruling by the Court of Appeal, all of them staying proceedings of the phoney and funny charges levelled against Onnoghen before the CCT, Nigerians now know that we have now become an endangered specie.
“It means that the next election is nothing more than a ritualistic outing to illegally confer life presidency (not just 4 years) on Buhari. There is no known basis, legal, constitutional or moral,to hurriedly bypass courts of law,the judicial process and court orders,to illegally remove the CJN and swear in an Acting CJN.
“The provisions of section 292(2) of the 1999 Constitution are quite clear on how the CJN can be removed from office. Aside sections 153,158 and parts 1 and 2 of the 3rd schedule to the Constitution which provide that a judicial officer can not be removed from office until he has first been tried and dealt with by the National Judicial Council (NJC), section 292(2) makes it clear that the president can only remove the CJN from office before the age of his retirement,”acting on an address supported by two-thirds majority of the Senate”. When did the Senate meet to donate this power to the president? NEVER. The president has illegally and unconstituonally stripped both the judiciary and the Legislature bare of their constitutional functions,usurped their powers and enthroned maximum dictatorship over the affairs of Nigeria.”
He challenged Nigerians to “brace up, come out enmasse, to protest against this illegality.We are back to full Abacha era,as OBJ rightly noted three days ago in his patriotic letter to Nigerians.
He said, “Nigerian lawyers and the NBA should shut down all courts in Nigeria until the CJN is returned to his seat.This was achieved even under military dictatorship in Pakistan, when former Pakistani president, Pervez Musharraf illegally removed from office, the then Chief Justice of Pakistan, Justice Iftikhar Mohammad Chaudhry on 11th March,2007.
“All the lawyers went on strike,from 15th March, 2007, shut down the courts and protested on the streets for months, until a panel of 7 members of the Supreme Court sat and held that the removal was illegal and reinstated the Chief Justice.
“Nigerian lawyers should act now. The NASS should also shut down in protest and allow Buhari and his cabal have their jolly ride over cowed, hapless, vanquished and conquered Nigerians. There is no more democracy in Nigeria. It is as dead as dodo.
“The coming presidential election is but a mere charade to confer legitimacy on a pre-rigged,on-the-spot rigged and post-rigged election.The pretentious chicken has finally come home to roost.This recent act is a big standalous shame on the Buhari government,assuming it still knows anything called shame.It has tainted it with the paint brush of odium,obliquy and international derision.
The international community should weigh in immediately to prevent Nigeria from burning.”
