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 Nairalaw, 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.”