CJN Can Still Reclaim His Position If Cleared By Tribunal – Sagay SAN

Prof. Itse Sagay (SAN), Chairman of the Presidential Advisory
Committee Against Corruption (PACAC), on Sunday said Buhari only
suspended the former Chief Justice of Nigeria (CJN) and had not
removed him from office.

Sagay said if Onnoghen, who was suspended by the Federal
Government following a recommendation of the Code of Conduct
Tribunal, was eventually cleared of all wrongdoings, he would
automatically resume to his position as the Chief Justice of
Nigeria.

“I have been questioned on this matter and I have said the
suspension of the former CJN by President Muhammadu Buhari is both
morally and legally valid.

“Morally, it is valid because as head of such a major
institution, where you are supposed to show standard of ethics and
good conduct, where such an allegation is made against you, even if
you have to defend it, you must step down.

“You must step down because the charges will be heard in
institutions which are headed by you, the CJN. There is no way it
is going to be a fair process if you are still sitting there at the
top and your underlings are the ones hearing the petitions that
have been brought against you. So, it is not just morally right for
him to remain there while the case is being heard.

“On the legal issue, I have two approaches, which is that a
tribunal, which is a court of law, has made an order and the
government is bound to carry out that order. That is exactly what
has happened. The order by the tribunal is that the CJN should step
down immediately.

“The moment that order was issued, the CJN ceased to be Chief
Justice of Nigeria. He became acting because that order did not
sack him but stepped him down from his position, pending the
hearing of the case. So, with that order, the CJN is no longer in a
position to exercise his power as Chief Justice pending the hearing
of the petition.”