APC Govt. Is Turning To A ‘Statecraft’
Presidential candidate of the PDP, Atiku Abubakar has held a World Press Conference to talk about the ongoing issue of the suspension of Justice Walter Onnoghen as Nigeria’s Chief Justice.
Atiku said the suspension of the CJN is a threat to Nigeria’s democracy as he alleged the government of failing to be guided by the dictates of the constitution.
The former Vice President hailed Nigerians, and friends of Nigeria who expressed outrage over the suspension of the CJN.
Atiku described the President’s action as an ‘executive lawlessness’ and accused the APC government of turning it into a ‘statecraft’.
Yet again, our dear country is passing through a difficult moment. How we react to this challenge in the following days will determine the fate of our democracy, which has been brought to great peril by this needless crisis engineered by a government that is unwilling to subject its conducts to the requirements of our Constitution.
Meanwhile, I commend all Nigerians and friends of Nigeria who have expressed outrage over the unlawful removal of the Chief Justice of Nigeria, Justice Walter Onnoghen, an action, which constitutes a flagrant breach of our constitution and a frontal assault on our democracy.
I want to note the universal condemnation of this unlawful act by all Nigerians, as well as the international community.
I need to state that this latest action by General Muhammadu Buhari falls squarely within the pattern of executive lawlessness that has now been firmly turned into statecraft by the APC government.
The serial disregard of court orders, and consequent violation of constitutionally guaranteed human rights of our citizens confirms beyond all doubt that General Buhari and his government would rather obey their own whims and operate by separate rules outside the well-established constitutional order and the rule of law. It scarcely requires emphasis that this behaviour is alien to democratic rule and more in line with that of a military dictator. Without doubt, the fight against corruption is crucial to good governance and the progress of our country.
In this context, the issue of corruption as it relates to the institution of the judiciary is even more crucial. As the last refuge of the common man, our judiciary must not only be above suspicion but must also be seen to be manifestly above board.
The issue at stake is not whether the Chief Justice is guilty or not, but whether his removal from office has been done in accordance with the process specified in our constitution.
As a Democrat, I must say, without equivocation, that no mission or goal, no matter how noble or well-intended, should be used as a pretext for the subversion of our democracy and our democratic institutions.
To create a condition that allows the constitution and the rule of law to become secondary to any other agenda is to pave the way for tyranny.
A Judicial Coup – CUPP
Opposition political parties view the removal of the Chief Justice of Nigeria, Justice Walter Onnoghen, by President Muhammadu Buhari as a judicial coup that must be resisted by all lovers of democracy.
Buhari has finally overthrown constitutional governance. This factionalisation of the judiciary will not stand.
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 Muhammed us an usurper. The NJC must sack him. Lawyers must ignore him as long as he remains on that seat.
The CJN can be removed from office either if he has been convicted or if under section 291 and 292 of the constitution, the Senate affirms a request by the President to remove him by two-third majority vote. Buhari have dared Nigerians.The filled a charge at CCT with a hurriedly put petition we kept quiet , they filled a motion to remove him from the tribunal but the Appeal court restrained them and just few hours to the inauguration of the supreme court election panel that will hear pre and post 2019 election , the emperor crushed the constitution and overthrow the leadership of the supreme court and appointed his stooge.
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 downtool 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 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 most cruel 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.
Aimed At Creating Uncertainty In Electoral Process – Saraki
The suspension of the Chief Justice of Nigeria, Hon. Justice Onnoghen by President Buhari is an action capable of undermining the nation’s judiciary, subverting the Constitution, intimidating judges, and creating uncertainty in the electoral process.
By unilaterally suspending the CJN without following the provision of the constitution, President Buhari has 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. 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.
I call on President Buhari to immediately reverse this decision and allow the due process of the law to take its natural course.
Buhari Has Insulted Constitution – Agbakoba
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 forwarded to DAILY POST, 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 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.”
A Palace Coup Against Nigeria’s Democracy – CLO
The Civil Liberties Organisation (CLO), South South Zone, condemns in its totality, the purported suspension of the Chief Justice of Nigeria, Walter Onoghen and the illegal appointment of Muktar Tanko as the acting Chief Justice, describing the action as unconstitutional and a plot to plunge the nation into crisis in other to sabotage the general elections, slated to hold February and March this year.
In a statement issued by the Chairman of the south south zone of the Civil Liberties Organisation (CLO) , Karl Chinedu Uchegbu 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 – 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, amongst others.”
Continuing, Karl Chinedu Uchegbu disclosed, ” It will have been more honourable for APC to lose the forthcoming election and relinquish power. This attempt to throw Nigeria into crisis is unfair. President Jonathan lost election and he left office honourably. This contrived crisis is sad. I hope there will be unanimity of reasoned response to this infamy. The people of Pakistan, especially the legal minds rose against General Pervez Musharraf in 2007 when he removed the Chief Justice improperly. If there’s no clear statement and action in Nigeria in this respect, we can as well say goodbye to democracy because it is an assault on the country’s sovereignty for an arm of government to resort to self-help so blatantly and shamelessly. I do not support corruption of any type but a recourse to desperation speaks to bad faith”.
“There is no doubt that a palace coup has just taken place in Nigeria. The people must rise up in defence of Democracy. I am convinced that having seen failure President Buhari is pushing towards Anarchy to force a Military Takeove to achieve his “Dogs & Baboons will soak in their blood” prophecy” the CLO statement said.
The illegality of President Buhari’s actions can be gleaned from Section 292 of 1999 Constitution of The Federal Republic of Nigeria, which states:
(1) A judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances –
(a) in the case of –
(i) 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.”
We wish to remind Nigerians that on May 29th 2015, President Buhari swore to protect the provisions of this Constitution. Now that he has resorted to violent breech of te constitution, in a desperate attempt to perpetuate his stranglehold on Nigeria, it is time for Nigerians to rise up and take to streets in defence of democracy.
PDP Rejects Duplication Of CJN
…Demands NASS, UK, US To Sanction Buhari, APC
The Peoples Democratic Party (PDP) rejects in its entirety, 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.
The PDP 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.
The PDP says 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.
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 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 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.
Removal Of CJN May Affect Credibility Of Election – US
The United States Government has expressed worry over the decision of President Muhammadu Buhari to suspend the Chief Justice of Nigeria, Justice Walter Onnoghen.
The US Embassy in Nigeria said in a statement that the decision of the executive arm of government to suspend the head of another arm of government without recourse to the National Assembly was questionable.
The US which had last week threatened to place a visa ban on all persons who manipulate the electoral process, questioned the timing of the suspension of the CJN.
The US said the removal of Onnoghen “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.”
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.”
Swearing-In Of Election Tribunal Members, A Nullity – PDP
The Peoples Democratic Party on Saturday said the swearing-in of members of the election petitions tribunal by Justice Mohammed Tanko was illegal and a complete nullity.
The PDP National Publicity Secretary, Kola Ologbondiyan in a statement also stated that in the face of the Nigerian law, Justice Tanko cannot function as a Chief Justice of Nigeria, as there is no vacancy in that office since the 1999 Constitution (as amended) has no provision for two Chief Justices of Nigeria at any particular time.
He insisted that Justice Walter Onnoghen is still in charge as the Chief Justice of Nigeria.
He charged Tanko to note that he is allowing himself to be used by alleged despotic forces in their bid to truncate the hard-earned democracy of Nigeria.
Ologbondiyan said, “It is also imperative for Justice Tanko to agree that, having allowed himself to be used to desecrate the hallowed temple of justice, his oath of office and oath of allegiance, the only option left for him is to quit the bench.
“The PDP reminds Justice Tanko of his membership of the panel set up by the National Judicial Council, which on March 14, 2018, forced Justice Obisike Orji to quit the bench and go on a compulsory retirement, for allowing himself to be sworn in as the Acting Chief Judge of Abia State without the statutory recommendation of the NJC.
“From Justice Tanko’s first illegal assignment, which is the swearing-in of election tribunal Justices for the forthcoming elections, Nigerians can now see the raison d’etre for his illegal appointment.
“This action is in itself a nullity and we caution the said justices to be reminded of the popular maxim that something cannot be built on nothing.”
He said the PDP had always alerted that President Muhammadu Buhari was bent on removing Onnoghen so as to replace him with a pliable CJN that would help him uphold his alleged rigging plots and achieve his alleged self-succession bid, having realized that he cannot win in any free and fair electoral contest.
He stated that when Nigerians were in the trenches for democracy, Gen Buhari, as he was then known, was in cahoot with the last dictator against the will of the people.
According to him, it is therefore not strange that Buhari had once again, tried to subdue the nation’s democracy and allegedly subvert the rule of law.
Ologbondiyan said, “However, the PDP wants President Buhari to know that Nigerians, irrespective of tribe, creed or political leaning, will never allow anybody, no matter how highly placed, to push our nation to the abyss of anarchy.”
NBA Spits Fire, Demands Immediate Reversion Of Action
The Nigerian Bar Association (NBA) says the suspension of the Chief Justice of Nigeria (CJN), Honourable Mr. Justice Walter S.C. Onnoghen by President Mohammadu Buhari and the swearing in of Hon. Justice Ibrahim Tanko Mohammed as the acting Chief Justice of Nigeria is unacceptable and demands a reversion of the action.
NBA in a statement signed by National President, Paul Usoro, SAN, read thus:
The news media has been awash this evening with the news of the purported suspension of the Chief Justice of Nigeria, Honorable Mr. Justice Walter S. C. Onnoghen, GCON by President Muhammadu Buhari, GCFR and the swearing in of Hon. Justice Ibrahim Tanko Mohammed as the acting Chief Justice of Nigeria. We are told that this was pursuant to an Ex-Parte Order that was issued by the Code of Conduct Tribunal on Wednesday, 23 January 2019.
The Nigerian Bar 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 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 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-parted application, to wit, the suspension of the CJN, amongst others.
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 Honourable Mr. 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 Ruler of Law.
