Bola Tinubu
A national leader of the All Progressives Congress (APC), Bola
Tinubu, on Tuesday described the suspension of the Chief Justice of
Nigeria by President Muhammadu Buhari as “fair and balanced”.
Mr Tinubu said this on Tuesday in a letter entitled: ‘Reply to
Atiku’s State of the Nation’, made available to reporters in
Lagos.
The Peoples Democratic Party (PDP) presidential candidate, Atiku
Abubakar, had, on Monday, condemned the suspension of the CJN,
Walter Onnoghen by President Buhari.
He described the decision as “a breach of the constitution”.
Mr Tinubu’s letter read in part:
”Strange that Atiku would choose to depict the current situation
so inaccurately as to stir emotions unduly. He claimed that CJN
Onnoghen has been removed.
”However, this is not so. He has been temporarily suspended.
Atiku and his advisors should know and recognise the vast legal
difference between “suspension” and “removal.”
”Yet you persist in conflating the two in what you say is a
pursuit of justice. While true you may be in pursuit of something.
It is not justice.
”If justice was your goal, you would acknowledge that the CJN
has only been temporarily suspended not permanently removed.
”Thus, your recourse to saying that the President violated the
constitutional provision regarding the removal of a CJN is
inaccurate in that Buhari never intended to remove the CJN.
”What he has done is to have the CJN temporarily get out of his
chair so that the serious matters against him can be heard by
someone other than himself.
”Should the charges show themselves to be wrong or unproven, the
CJN will be automatically reinstated as the head of the Nigerian
judiciary.”
Mr Tinubu said for Mr Abubakar to state that the CJN should
remain on seat ”while credible and grave charges swirl around him
is to put the entire workings of the Supreme Court under a heavy
cloud”.
”It is ironic that Atiku of all people throw such darts at
President Buhari. Buhari actually exercised considerable restraint
in this matter.
”He has reasonably balanced concerns about the integrity of the
judiciary with concerns for the individual rights of the
accused.
”Nothing has been taken from the CJN that cannot be restored if
the facts warrant such restoration. Thus, President Buhari
conditionally suspended the CJN.
”By doing so, this allows for the case to move forward without
the CCT or others fearing the CJN might use his position to unduly
interfere with proceedings.
”If the CJN is exonerated, then he will return to his position.
If not exonerated, then a more permanent discipline awaits him.
”This is an imminently fair and balanced approach, especially
given the fact that the constitution and other laws really do not
provide clear and unambiguous guidance on how to proceed in a case
whether the CJN is the defendant under this unique fact pattern.
”
Mr Tinubu said that Mr Abubakar’s comments sought to manufacture
a constitutional crisis where none existed.
”Atiku and his cohort(s) seek to turn their personal
disappointment into a burning national issue. They seek to
manufacture a constitutional crisis where none exists.
”There is no need to quake at the solitary incident of the
interim suspension of a justice pending the legal resolution of
serious criminal claims against him.
”If this matter is shorn of the political trappings it has
acquired, there is no fairer way to handle the matter,” Mr Tinubu
said. (NAN)