CJN suspension: Yobe NBA shuns call for courts’ boycott

The Yobe State branch of Nigeria Bar Association NBA has called
on her members to disregard any directives from the Association’s
National Headquarters to stay away from courts as a part of
solidarity against the suspension of Nigeria’s Chief Justice,
Justice Walter Onnoghen.

The Nation reports that lawyers nationwide were directed by the
NBA president Paul Osoro to embark on a two-day warning boycott of
the courts.

According to him, the decision was arrived at from a NEC meeting
of the Association which was held in Abuja on Tuesday.

“The decision of NEC is that, to show the displeasure of the
body of lawyers with regards to what has happened so far, it has
been decided by the NBA NEC that lawyers should go on a two-day
boycott of courts nationwide.

“That is from tomorrow, Tuesday January 29 and also Wednesday,
January 30, all lawyers should stay away from courts.

”This is to register the discontent of the NBA with the incident
that has happened, and the fact that due process was not followed
with regards to the matter of the Chief Justice of Nigeria,” Usoro
said.

But in a statement signed by the branch Chairman, Dr. Abubakar
Kagu and email to journalists in Damaturu rather asked members of
the association in the state to disregard the orders.

Dr Kagus said the branch regretted the situation that led to the
suspension of the number one law officer, but however expressed
reservation that matter, insisting that only a competent court of
law can resolve the matter.

The Statement which was titled, ‘STATEMENT ON THE CALL TO
BOYCOTT THE SITTINGS OF COURTS’ reads; “The Nigerian Bar
Association, Damaturu Branch regrets the situation that led to the
suspension of the Chief Justice of Nigeria. As ministers in the
temple of justice, we must insist that this is a matter that is
already before the courts and should be left for the courts to
decide.

“One of the cardinal roles of the bar is to protect the
character and essence of courts and their process. Therefore,
boycotts or resorting to street actions on a matter that is before
the courts is by far, a deviation from the fundamental principles
that define the tenets of the legal profession and of
democracy.

“To advance the cause of justice for everyone, courts must be
allowed to operate and make decisions on this and all other matters
before them.

“Hence, this branch of the NBA calls on all its members to shun
any boycott of the courts and continue with their roles as
prosecutors, judges and attorneys.

“We respectfully give allegiance to the authority of the courts
to deal with the matter in line with the rule of law and
constitutionalism”.

Constitutional Breaches: Atiku Writes US, UK, EU over
Onnoghen, Dasuki, Zakzaky
Being a letter written by HE Atiku Abubakar to the Ambassadors of
France, Germany, EU, US and UK High Commissioner.

CONSTITUTIONAL BREACHES UNDER THE WATCH OF PRESIDENT MUHAMMADU
BUHARI
I have chosen to write this letter to Your Excellency for the
enviable role that your country plays as champion of Democracy and
the Rule of Law. I am also writing you as Nigeria’s international
development partner working together to deepen and strengthen our
democracy as well as to help in the transformation of our economies
and societies for the better.

President Muhammadu Buhari is threatening our democracy by
serially breaching the provisions of our constitution and
undermining organs and institutions of State in order to advance
his personal interest. While the President has ironically taken
oath to safeguard and defend the Constitution of the Federal
Republic of Nigeria, the reality of his selective and wanton
violations of its provisions means that his oath is observed only
in the breach.

And as Your Excellency very much knows, respect for the rule of
law is integral to promoting and preserving the values and
principles of democracy. Sadly, however, by the actions of the
government of President Muhammadu Buhari, one is forced to think
otherwise.

As a Presidential Candidate in the forthcoming General Elections
that will be conducted and supervised by the Government of
President Muhammadu Buhari, I feel the urgent need to share with
you some of these key violations of the provisions of our
constitution and to demand that you pile pressure on the Federal
Government to desist from these violations and ensure a level
playing field for the General Elections that are only a couple of
weeks away. We acknowledge with profound appreciation the positions
taken by some members of the International Community in Nigeria and
urge Your Excellency to add your country’s very strong voice
against these breaches of Nigeria’s constitution. Your Voice is
very important to the survival of Nigeria’s democracy.

Some of these constitutional infractions are highlighted below
for your information and action as you may deem appropriate.

1. The Purported Suspension of CJN Onnoghen

On Friday, January 25, 2019, our nation woke up to the shocking
news of the unilateral and extra-constitutional suspension of the
Chief Justice of Nigeria, Justice Walter Onnoghen and the immediate
appointment and swearing in of Justice Ibrahim Tanko Muhammad, as
the new acting Chief Justice of Nigeria (CJN). This action of
President Muhammadu Buhari, not only breaches the Nigerian
Constitution, but has also managed to undermine Presidential
democracy by assaulting one of its hallowed doctrines of separation
of Powers. For the records, Justice Walter Onnoghen is the head of
one of the Tripartite but mutually independent organs that form the
government of the Federal Republic of Nigeria. To attempt to muscle
out the Chief Justice of Nigeria using phony charges at a time when
His Lordship was primed to play a central role in the fast
approaching nationwide electoral process represents the boldest
steps in the march to undermine our democracy. This is undoubtedly
an anti-democratic act which my political Party and I reject
without reservation and for which I urge Your Excellency to condemn
unequivocally.

Need I say, this brazen authoritarian and imperious stride of
President Buhari is the latest action in a series of carefully
planned onslaught on our nation’s hard earned democracy by an
extremely power hungry and anxious President and the cabal that
feeds fat around him as February 16, 2019 draws nearer.

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.

The case involving the legality or otherwise of the charges
against Chief Justice Walter Onnoghen is 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 about this matter?

Let me therefore take the opportunity of this letter to urge
your country and all well-meaning members of the International
community to mount pressure on this government and all its
anti-democracy functionaries know that their actions will have
consequences. Strong consequences.

2. The illegal purchase of the Tucano Aircrafts:

President Buhari sometime in April 2018 approved the purchase of
Tucano Aircrafts for the Nigerian Military at the sum of $496
million (Four Hundred and Ninety-Six Million United States
Dollars). This, he did, without seeking prior approval of the
National Assembly contrary to Section 80 (3) and (4) of the 1999
Constitution (as amended) which states very clearly, how the
President can spend monies belonging to the Federation. It
provides:

“(3) No money shall be withdrawn from the Consolidated Revenue
Fund or any other public fund of the Federation, except in the
manner prescribed by the National Assembly.”

“(4) No monies shall be withdrawn from the Consolidated Revenue
Fund or any other public fund of the Federation, except in the
manner prescribed by the National Assembly”

3. Disregard for Orders of Courts:

The Muhammadu Buhari administration has serially violated court
orders, going against the rule of law especially in three known
cases.

a. Col. Sambo Dasuki (Former National Security Adviser): Various
courts have granted Col. Dasuki bail on at least six different
occasions; the Buhari led government has persistently refused to
comply with the court orders.

· Federal High Court in Abuja presided by Justice Adeniyi
Ademola in 2015 ordered the release of Col. Dasuki’s passport and
granted him permission to travel abroad for three weeks on medical
grounds. Despite the order made on November 3, the Department of
State Security Services, SSS refused to release Col. Dasuki.

· Again, the former NSA and four others were granted bail on
December 18, 2015 on a similar condition with a N250 million bond
by Justice Hussein-Baba Yusuf.

· Similarly, the former NSA; a former Minister of State for
Finance, Bashir Yuguda; former Sokoto Governor, Attahiru Bafarawa;
‎and three others were granted bail by Justice Peter Affen on
December 21, 2015 by the Federal Capital Territory High Court in
the sum of N250 million each and two sureties in like sum. The
Federal Government cherry-picked the order whilst disobeying the
part that concerned the former NSA.

· The ECOWAS Court presided by Honorable Justice F.C. Nwoke on
October 4 2016 granted the former NSA bail and ordered the Nigerian
Government to pay N15 Million to the defendant as damages for his
“illegal and arbitrary detention”.

· On 17 January 2018, a Federal High Court sitting in Abuja
reaffirmed previous court orders granting Col. Dasuki bail.

· Also on April 6, 2018 the Abuja Division of the Federal High
Court affirmed, for the umpteenth time, its decision for the
release of Col. Dasuki.

b. Ibraheem El-Zakzaky, Leader of a Shiite Group, IMN:

· Sheikh El-Zakzaky has been in detention without trial for over
3years after his followers were massacred in broad daylight; his
wife and family killed and his home burnt, in a gory and shameful
show of brute force by the Nigerian Army. This particular state
violence is nothing short of genocide.

· On December 2, 2016 the Abuja Division of the Federal High
Court Presided by Justice Kolawole ordered the release of Sheikh
El-Zakzaky and berated the Nigerian government for violating his
rights.

4. The approval of $1 billion for military expenditure before
approaching the National Assembly:

The Nigerian government through the National Economic Council
NEC, again in contravention of Section 80 (3) and (4) of the 1999
Constitution (as amended), granted approval for the release of $1
billion from the Excess Crude Account, ECA, for the procurement of
military hardware and other equipment to fight insecurity in the
country, ahead of the 2019 General Elections without recourse to
the National Assembly. Mansur Dan-Ali, Nigeria’s Defense Minister
disclosed this at the end of security chiefs meeting with President
Muhammadu Buhari at the Presidential Villa, Abuja, on Wednesday,
April 4, 2018. By this act, the Federal Government acted contrary
to the provisions of the Section 80 (3) and (4) of the 1999
Constitution, which states:

“(3) No monies shall be withdrawn from any public fund of the
Federation, other than the Consolidated Revenue Fund of the
Federation, unless the issue of those moneys has been authorized by
an Act of the National Assembly.

5. Executive Order No. 006 (On Preservation of Suspicious Assets
and Related Schedules):

The enactment of the controversial Executive Order No. 006 as an
Executive legislation which permits security agencies to freeze the
assets of persons standing trial or undergoing investigation
without recourse to court orders. This is a usurpation of
legislative and judicial powers of the National Assembly and the
judiciary as enshrined respectively under sections 4 and 6 of the
Constitution of the Federal Republic of Nigeria and reminiscent of
the military era of decrees.

The above, and many more that did not make it into this very
short letter, are the unfortunate actions of the Government of a
man who merely pays lip service to being a reformed democrat.

General Elections are upon us yet again. I urge you to partner
with Nigerians to defend our constitution and play an active role
in building our country. The choices facing all of us is either to
stand aside and watch Nigerians reelect a President who has been in
constant violation of the laws of the land without remorse; or to
support them show him the way out and elect a true democrat. We
must send a clear message that the Nigerian Nation is bigger than
any individual.

Even if Nigerians opted not to elect me as President, the
incumbent must go into the polls on his own record of lack of
respect for the Rule of Law and not on the spurious perception of
his “Integrity”. We need to set precedence for successive leaders
not to take democratic mandate for granted.

Sincerely,

Atiku Abubakar, GCON
(Waziri Adamawa)
Former Vice President of the Federal Republic of Nigeria and
Presidential Candidate of the Peoples Democratic Party (PDP)