The Real Reasons Saraki Couldn’t Proceed With Onnoghen Case At Supreme Court

Bukola Saraki, Senate President, withdrew the Senate’s suit at
the Supreme Court challenging the suspension of Walter Onnoghen as
the Chief Justice of Nigeria (CJN) because it was clear he was
going nowhere with the move, SaharaReporters understands.

On January 28, three days after President Muhammadu Buhari
suspended Onnoghen as CJN, the Senate cancelled its sitting for the
day and instead filed a suit through Saraki before the Supreme
Court praying for, among others, an order reinstating Onnoghen as
CJN.

In the suit, marked SC.76/2019, the Senate asked the apex court
to declare the suspension of Onnoghen without support of two-thirds
majority of the Senate as a violation of section 292(1)(a)(i) of
the Constitution.

It also asked the apex court to issue an order restraining the
two defendants in the suit – the President and the Attorney-General
of the Federation Abubakar Malami – from continuing or repeating
the violation of the Constitution and disregarding the power of the
Senate in respect to the suspension of the CJN.

The Senate made an about-face on Tuesday February 5, citing
trust “in the ability of the National Judicial Council (NJC) to
resolve the issues”. However, SaharaReporters understands that this
position was mere public posturing.

The NJC formally took up the Onnoghen case on January 29 at a
meeting from which both the suspended CJN and his successor Tanko
Muhammad recused themselves. At the end of the meeting, the NJC
gave both Muhammad and Onnoghen seven days to respond to the
various allegations against them — meaning that if the Senate truly
trusted the NJC in full, that was the day to withdraw the suit
instead of Tuesday.

But Saraki did not have the backing of the National Assembly to
go to court. To file the suit, he would have needed a resolution of
the Senate, which he didn’t get. And it became clear this loophole
would be exploited when the Senate caucus of the All Progressives
Congress (APC), comprising 56 senators, applied to the Supreme
Court to join in the Senate’s suit.

“As you can see, we already protested and we were asked to be
joined in the suit,” an APC senator who didn’t want to be named
told SaharaReporters. “The Senate never made a resolution to file
that suit; and even if there was an attempt at such resolution, it
would have died a natural death as we, who have the majority, are
firmly with the president on this.”

Also, public sentiment was beginning to count against Saraki
after members of the public were reminded of how he sacked the
Chief Judge of Kwara State, Justice Raliat Elelu-Habeeb, in 2009
during his tenure as Governor of the state.

However, the Supreme Court eventually reinstated Elelu-Habeeb,
with Justice Mahmud Mohammed, who delivered the judgement of a
seven-member panel of justices, holding that when all the relevant
provisions of the constitution were read together, it would become
obvious that a state Governor could not remove a Chief Judge from
office without having recourse to the NJC.

“It is not difficult to see that for the effective exercise of
the powers of removal of a chief judge of a state by the Governor
and House of Assembly, the first port of call by the governor shall
be the NJC,” Mahmud had stated back then.

“From these very clear provisions of the constitution which are
very far from being ambiguous, the governors of the states and the
houses of assembly of the states cannot exercise disciplinary
control touching the removal of chief judges of states or other
judicial officers in the states.”

Incidentally, Onnoghen was one of the six other justices, the
rest being Christopher Chukwumah-Eneh, Muhammad Muntaka-Coomassie,
Olufunmilola Adekeye, Mary Peter-Odili and Olukayode Ariwoola.

Interestingly, Saraki lost the case against Elelu-Habeeb at all
levels. When he sacked her, she instituted a case against him at
the Federal High Court, where she won. But Saraki appealed to the
Court of Appeal in Ilorin. In July 2010, the Court of Appeal ruled
in favour of Elelu-Habeeb, and Saraki again appealed at the Supreme
Court. On February 2012, the Supreme Court, as expected, reinstated
Elelu-Habeed.

Finally, Paul Erokoro (SAN), counsel to the Senate, has been one
of the numerous SANs leading the lawyers’ revolt against Onnoghen’s
trial at the Code of Conduct Tribunal (CCT). On the opening day of
the matter at the CCT — way before the Senate dreamed of filing a
suit against the Nigerian Government at the Supreme Court — Erokoro
was one of at least 47 SANs who trooped to the tribunal in defence
of Onnoghen.

Meanwhile, the decision of the NJC on Onnoghen and Muhammad is
being expected soon, as the seven-working-day deadline for their
responses to the allegations against them will elapse on
Thursday.