FIDA Nigeria Calls For The Immediate Withdrawal Of The Suspension Of Hon. Walter Onnoghen, CJN

FIDA Nigeria has called on the President of Nigeria, Muhammadu
Buhari, to withdraw the suspension of the Chief Justice of Nigeria,
Honourable Justice Walter Onnoghen.

In a press statement sighted by TheNigerialawyer (TNL), the body
has said that suspension of Justice Onnoghen ridicules and reduces
the integrity and high status of the 3rd arm of government which is
the judiciary, the last hope of the common man.

See Statement:

On Friday, 25 January 2019, the legal sector was jolted by
the news that President Muhammad Buhari had suspended the Chief
Justice of Nigeria, Justice Walter Onnoghen and immediately
replaced him with Justice Tanko Muhammed as the Acting Chief
Justice of Nigeria. The International Federation of Women Lawyers
(FIDA) Nigeria expressly condemns this unconstitutional act by the
President and notes that this is a move which signals a total
disrespect for the rule of law and in turn the fundamental human
rights of the citizenry. This is not only distressing, it is
absolutely objectionable.

Immediately after the act, President Buhari explained in a
25-paragraph speech that he was executing an order ex-parte of the
Code of Conduct Tribunal (CCT), made and dated the 23rd day of
January 2019. In paragraph 10, of the speech, the President noted
that “Nigeria is a constitutional democracy, and no one must be, or
be seen to be, above the law.” Yet, it is contended that the very
reason the President claims as a motive for the swift suspension of
the Chief Justice of Nigeria (CJN), is what he essentially becomes
guilty of. By undermining and contravening the laws set out in S292
and paragraph 21(b) of Part 1 of the Third Schedule to the
Constitution of the Federal Republic of Nigeria, 1999 (as amended)
on the process for removal (temporary or permanent) of the CJN,
President Buhari can be seen to be acting above the law.

In August 2018, at the opening ceremony of the Annual
General Conference of the Nigerian Bar Association, President
Buhari made a remark that shook the nation, saying that “the rule
of law must be subjected to the supremacy of the nation’s security
and national interest”. This statement gave a deep insight into the
flawed governing strategy applied by the current Federal
Executives. The President’s suspension of the CJN is a clear
example of this flawed governing strategy. Respect for rule of law
and protection of the fundamental human rights of the citizenry is
the foundation of any democratic society and so issues of national
interest must be dealt with in accordance with the rule of law and
with due regard for fundamental human rights for the
citizenry.

The suspicious speed and timing of the progress of the
tribunal trials against Justice Onnoghen suggests a coup of the
legal arm of government and an attack on the independence and
integrity of the Judiciary. The law is expressly clear on how the
CJN can be removed from office and neither the Code of Conduct
Bureau or the Code of Conduct Tribunal are vested with that power.
Due process for the removal of the CJN is by recommendation of the
NJC, followed by an address by the President to the Senate, which
then requires a two-thirds majority vote. No aspect of this process
was followed and thus confirms neglect for due process and the
separation of powers which the constitution so clearly provides for
and protects.

Furthermore, the President can be seen to be acting against
court orders from the Federal Court of Appeal and the Federal High
Court and this is deeply distressing. If the President can be seen
to foster the culture of impunity which is already so entrenched in
the Nigerian society, where is the hope for regular citizens that
the legal system can be entrusted? Where is the hope that the right
to a fair trial will be enforced and ensured? How can the
government maintain its authority to demand that its citizens
comply with the constitution if it does not do so itself? There are
so many questions to ask in this uncharted water. If the Federal
Government is really a respecter of the rule of law, then it should
also respect due process of the law and it should show Nigerians
this by immediately comply with all valid and subsisting orders of
court made against the Federal Government. If the government seeks
to fight corruption then due process ought to be followed, a lack
of it signals an abuse of power and sets a very dangerous
precedent.

The President should not be seen to be acting above the law
and fostering the culture of impunity. The suspension of Justice
Onnoghen ridicules and reduces the integrity and high status of the
3rd arm of government which is the judiciary…the last hope of the
common man. Where impunity reigns, abuse is commonplace and the
women and children who are typically the most vulnerable in society
suffer most.

FIDA Nigeria therefore calls for the immediate withdrawal of
the suspension of the Hon. Justice Onnoghen JSC, the chief Justice
of Nigeria in order to avoid further crippling the independence and
effectiveness of the judiciary. President Buhari not only risks the
credibility of the upcoming general elections, but also demeans the
legal profession and risks the reputation of Nigeria in the
international community.