Onnoghen’s Suspension Casts Doubts On Judiciary’s Independence – U.S. Institutes

Two non-partisan organisations working to support and strengthen
democratic institutions worldwide, the National Democratic
Institute (NDI) and International Republican Institute (IRI), have
expressed concerns over the suspension and replacement of the Chief
Justice of Nigeria by President Muhammadu Buhari.

The institutes, based in the United States, in a joint statement
said the suspension of the embattled CJN Walter Onnoghen had raised
doubts among stakeholders about the independence of the Supreme
Court and Election Tribunals in the upcoming general election.

The institutes suggested that the suspension of the CJN so close
to election day should be done through consensus and in
consultation with all political actors so as not to be perceived as
unfairly impacting the electoral process.

The statement said: “The National Democratic Institute (NDI) and
International Republican Institute (IRI) are concerned by the
suspension of the Chief Justice of Nigeria on January 25.

“The suspension comes just three weeks before the February 16
presidential and National Assembly polls and has raised doubts
among electoral stakeholders about the independence of the Supreme
Court and Electoral Tribunals in the upcoming general election.

“Consistent with the Economic Community of West African States
(ECOWAS) Protocol on Democracy and Good Governance, actions such as
these taken so close to election day should be done through
consensus and in consultation with all political actors so as not
to be perceived as unfairly impacting the electoral process.”

The statement quoted NDI President, Ambassador Derek Mitchell,
as saying: “The judicial branch plays a critical role in the
electoral process. It is imperative that these courts are objective
and that they are perceived as such by all election
stakeholders.

“The suspension of Nigeria’s highest judicial officer so close
to the vote could undermine citizens’ confidence in the judiciary’s
independence.”

“IRI and NDI call on all stakeholders to adhere to the rule of
law and peaceful resolution of disputes.

“We encourage all political actors to engage in an inclusive
dialogue and implement initiatives to assure the public and
political contestants that, should disputes arise from the upcoming
general elections, they will be resolved fairly,” said IRI
President, Daniel Twining.

In its reaction, the Federal Government insisted on Wednesday
that the suspension of Onnoghen had nothing to do with the
elections.

Alhaji Lai Mohammed, Minister of Information and Culture, who
referred our correspondent to an earlier media briefing, said the
CJN’s suspension was a consequence of his breach of the Code of
Conduct for Public Officers.

He stressed that President Muhammadu Buhari “is an avowed
democrat, which he has proven time and time again and the
sdministration stands firm on the rule of law”.

He added: “It amounts to irresponsible extrapolation to say that
the suspension of Justice Onnoghen is the onset of
dictatorship.

“This whole issue is about the country’s highest judicial
officer, the Chief Justice of Nigeria, being accused of a breach of
the Code of Conduct for Public Officers, and the legal and moral
conundrum surrounding that.

“It is about the suspicious transactions running into millions
of dollars to the suspended CJN’s personal accounts, all undeclared
or improperly declared as required by law.”