@POLITICSNGR

The purported suspension of the Chief Justice of Nigeria (CJN), Honourable Justice Walter Onnoghen, by President Muhammadu Buhari is unequivocally unconstitutional, illegal, immoral and grossly indefensible. What General Buhari has done, putting it mildly, is a brazen coup against democracy.

The following 20 (twenty) points are worth noting:

1. The office of the CJN is not a ministerial or extra-ministerial position. It is a creation of Sections 230 (1) (a) and 231 (1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) (subsequently referred to as ‘the Constitution’).

2. The Chief Justice of Nigeria is the head and symbol of authority of the Nigerian Judiciary. The Judiciary is neither an agency of the federal government nor a department in the Executive. It is one of the three Arms of Government and is established by Section 6 of the Constitution. The CJN is to the judicial arm of government what the President is to the executive arm. The three arms are co-equals and none is subservient to the other.

3. The President cannot appoint or remove the CJN unilaterally. The Constitution has explicitly stated the procedure for the appointment and removal of the CJN and no court, tribunal, president or other authority or person in Nigeria can derogate from, override or alter the said procedure.

4. By Section 231 (1) and (2) of the Constitution, the appointment of the CJN requires the compulsory involvement of the three arms of government. The President appoints the CJN on the recommendation of the National Judicial Council (NJC) subject to the approval of the Senate.

5. By virtue of Section 292 (1) and Paragraph 20 and 21 of the Third Schedule to the Constitution, the CJN enjoys security of tenure and is not removable except within the strict procedure and for the specific reasons enshrined therein.

6. The CJN as a judicial officer can only be removed from office by the President acting on an address supported by two thirds majority of the Senate for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or body) or for misconduct or contravention of the Code of Conduct. Anything contrary to this procedure is unconstitutional.

7. The NJC has not recommended the removal of Justice Onnoghen to the President. The NJC has not exercised its exclusive disciplinary control over Justice Onnoghen. Only the NJC is constitutionally vested with the power of disciplinary control, including power of suspension, over a judicial officer. In exercising that power, Section 158 (1) of the Constitution states that the NJC shall not be subject to the direction or control of any other authority or person. See the case of HON. JUSTICE RALIAT ELELU-HABEEB & ANOR. ATTORNEY-GENERAL OF THE FEDERATION & 2 ORS. (2012) NWLR (PT. 629) 1011 where the Supreme Court emphatically pronounced on the issue of how a judicial officer can be sanctioned.

8. I have perused the Certified True Copy of the enrolled ex-parte order made by the Code of Conduct Tribunal dated Wednesday, 23rd January, 2019. I find the said order extremely offensive to the Rule of Law. The Order seeks to achieve that which the Constitution has unarguably forbidden.

9. The enrolled order signed by the Chairman of the Code of Conduct Tribunal (CCT), Hon. Danladi Y. Umar, and one other member of the Tribunal (Hon. Mrs. Julie A. Anabor), purports to direct Hon. Justice Onnoghen to ‘’step aside’’ as the CJN and Chairman of the NJC pending the determination of the Motion on Notice dated the 10th day of January, 2019. On the face of the said order, the name of the legal practitioner who moved the motion ex-parte is not stated. This is rather strange. Did the Tribunal suo moto (on its own motion) move the motion?

10. Interestingly, the same Tribunal sat on Tuesday, 22nd January, 2019 and adjourned to Monday, 28th January, 2019 to rule on the Preliminary Objection filed by Justice Onnoghen challenging the jurisdiction of the CCT to try him without recourse to the NJC contrary to the decision of the Court of Appeal in the case of NGANJIWA v FRN (2017) LPELR-43391(CA).

11. The law is firmly settled that once the jurisdiction of a court or judicial tribunal is challenged, the only jurisdiction the court has is to determine whether it has jurisdiction. The CCT having been seized of the frontal challenge to its jurisdiction, could not have granted an ex-parte order on the 23rd of January, 2019 without determining whether it has jurisdiction. In the recent case of ATTORNEY-GENERAL OF THE FEDERATION v. ATTORNEY-GENERAL OF LAGOS STATE (2017) LPELR-42769(SC), the Supreme Court restated this sacrosanct principle thus:
"There is no gainsaying that issue of jurisdiction is radical and a crucial point which when raised, is challenging the competence of the Court to hear and determine the case. Any proceedings conducted by a Court which does not have jurisdiction, no matter how well or brilliantly it was conducted is a nullity. See Dapianlong vs Dariye (2007) 8 NWLR (pt. 1036) 332. That is the more reason why when Court's jurisdiction is challenged, the Court must first of all assume jurisdiction to decide whether in very clear and unambiguous terms, it has or lacks jurisdiction. See State Dosunmu Mansion vs Halliburton Energy Services Ltd (2007) 2 NWLR [pt.108) 211; Nnonye v Anyichie (2005) 2 NWLR (pt. 910) 623. Per SANUSI, J.S.C. (p. 43-45, pp. D - A).

12. The CCT, without determining whether it has jurisdiction over Justice Onnoghen as required by law, proceeded to give a flagrantly illegal order purporting to suspend the CJN from office. That order, with the greatest respect, is reminiscent of the inglorious order given by Justice Bassey Ikpeme stopping further announcement of results of the June 12, 1993 presidential election which crystalized into the criminal nullification of the June 12, 1993 election by the Babangida junta."

13. I have read the long statement made by President Buhari while swearing-in Hon. Justice Ibrahim Tanko Mohammed as the Acting Chief Justice of Nigeria. Buhari struggled unsuccessfully to justify his unlawful action by relying on the order of the CCT. The Constitution does not say that the President shall suspend the CJN based on the order of a court or tribunal. It is a desecration of our Constitution for Buhari to suspend Justice Onnoghen.

14. Those arguing that the President merely suspended the CJN and has not removed him are either oblivious of the law or willfully mischievous. The CJN is not an appointee of the President and does not hold office at the pleasure of the President.

15. President Buhari cannot suspend the CJN. The CCT cannot give an order directing the President to remove or suspend the CJN. The CCT cannot ask the CJN to ‘’step aside’’. This conspiratorial attack on the institution of the Judiciary is a dangerous precedent. Can a judge give an order suspending the President from office without recourse to the National Assembly? If the answer is in the negative, why should the President suspend the CJN whose tenure is constitutionally protected without recourse to the NJC and the Senate as prescribed in the Constitution?

16. The CCT Chairman, Danladi Umar, is himself a subject of a pending criminal charge filed by Mr. Festus Keyamo at the Federal High Court on behalf of the EFCC. The CCT Chairman despite the pendency of the criminal charges against him, has not stepped aside and has not been suspended.

17. Mr. Okoi Obono-obla, the President’s aide on Public Prosecutions, has not been fired, arrested or prosecuted despite his indictment by the House of Representatives for certificate forgery as attested publicly by the West African Examination Council. Mr. Maina is yet to be prosecuted for allegedly stealing pension funds. There are myriads of odiferous corruption cases against people and officials who are close to this President. Yet, Buhari continues to shield alleged criminals who are his friends and party men. Mr. Buhari is accusing Justice Onnoghen of failure to declare his assets, however, it is on record that Buhari’s own asset declaration is still shrouded in secrecy, and has not been publicly disclosed as he vehemently promised in 2015. What could be more hypocritical than this?

18. One wonders whether a single Justice of the Supreme Court can determine the decision of the court. The Supreme Court sits in a panel of five or seven Justices. If a decision of the Supreme Court is fraudulent procured through bribery, it is only logical to infer that all or majority of the members of the panel were bribed. I am not holding brief for Justice Onnoghen. However, given the delay that greeted the appointment of Justice Onnoghen, one is tempted to ask whether his security clearance was compromised?

19. Prof. Itse Sagay has stated that the suspension of Justice Onnoghen is constitutional because the President is empowered to remove the CJN for breach of the Code of Conduct. The learned silk, with respect, is turning the law on its head. That line of argument is inconsistent with the right to presumption of innocence enshrined in Section 36(5) of the Constitution. Justice Onnoghen has not been convicted by any court or tribunal. It is therefore preposterous to say that the President can remove him for violating the Code of Conduct.

20. Let me end by submitting that the atrocious, unconscionable, unconstitutional and duplicitous suspension of the CJN by this vicious and totalitarian regime has eroded our democracy. We all have a duty to oppose and resist it, not for the sake of Justice Onnoghen, but for the sake of posterity and the verdict of history. We should not excuse or defend this crass impunity because of political expediency.

Corruption must be tackled, but not by corrupt means. We must send a message to President Buhari that Nigeria is greater than him.

https://politicsngr.com/illegality-suspension-cjn-20-points-note-inibehe-effiong/

Those who have left the substance of the matter, which is non-declaration of assets, to embark on a wild goose chase must know that they are part of the problems of this country.
Those cheering the CJN have been busy trying to depict the issue as executive interference in another arm of government.
They are failing to realise an important fact that those who have the privilege of holding exalted offices in trust for the rest of Nigerians should lead by example.

It was speculative for some commentators to think that the CJN was being targeted so that he could be removed and replaced with someone who will work in the interest of the government in the February elections.
The most important question should be whether the CJN broke the law or not in failing to declare his assets.

One major and incontrovertible fact which has emerged from the controversy over the CJN’s alleged failure to declare his assets is his own reported admission that he made a mistake by forgetting to declare a number of his assets.
The number one judicial officer is also reported to have expressed ignorance about the time space within which he should have made the declaration.”


We are not talking of a magistrate or a high court judge but a judge of the Supreme Court, who happens to be the number one judicial officer of the land; we must forget sentiments and look at facts.”

The posturing of some South-South governors in defence of the CJN should be treated as treason since they swore to protect and preserve the constitution.

There was a country!

Federal government took The CJN to court.
He won them there.
He was suspended.
Why not suspend him before taking him to court, since the federal government don’t give a F*** about court Order.
Common sense is not common walahi

This issue is one kind. As much as it is an aberration that a CJN will claim he forgot to declare some of his assets shows that there's a skeleton in his cupboard.

If those assets were gotten legitimately and not through corrupt proceeds, he would have been able to declare it.

However, the same president that suspended him isn't a saint either. He who comes to equity must come with clean hands. The same president over looked Gandoje's dollar bribe even with a glaring video evidence. The president even claimed he doesn't know the technology used in doctoring the video.

Have we noticed this was the same Code of Conduct Tribunal that was sent to Saraki when Saraki did them 419 and became Senate President?

Why are these false declarations coming out when the president has an ulterior motive? In this case, the inauguration of the electoral tribunal.

As much as the CJN is terribly at fault for his false asset declarations, the President's suspension of the CJN is vindictive and selfish.

It is illegal and undemocratic

Buhari I salute you ! How can a chief justice of Nigeria forgot to declare 800 million naira and 50 houses ? He admitted he forgot it himself.

PDP won all their cases when this theief got involved, he should be sent to jail infact.

Ok

No need to say more about this Corrupt soul of a judge anymore.
Interesting times are here. A civil servant, who has no other business and he has not touched his salary for years!!
He has forgotten $3m in account.
Bought 55 houses, and some youths whose future is being stolen away are crying!
There was a country!!

We are on our way to a New Nigeria, if you don't feel like going, you can stay behind.
God bless all the sane, good, honest and hardworking Nigerians.
God bless our President MUHAMMADU BUHARI.
God bless Nigeria.

We humbly welcome Justice Ibrahim Tanko Muhammed on board, as he Joins President MUHAMMADU BUHARI to take us to the NEXT LEVEL, AKA the land flowing with milk and honey. 
No more impunity in our land.
A new and better Nigeria is what we want. 
FVCK CORRUPTION and LOOTERS

Buhari doesn't know in the Eye of the law the law all the heads of the 3 Arms namely the president who heads the executive , the House leader who heads the Legislative and the CJN who heads the Judiciary are all equal and none can suspend the other as the constitution clearly state how they can be removed unwillingly and that's by 2/3 of the House passing a vote

Correct

No time for long grammars, Buhari doesn't care and he doesn't read according to Amaechi. PDP as a matter of urgency should suspend all campaign activities and mobilise all lovers of democracy for a nationwide protest NOW. Saraki's Senate should start impeachment proceedings against the I M B E C I L E.

Buhari might be impeached even before the election... he is not even worthy of an aspirant seeking for another term.

I'd like to reiterate the comment I made earlier on this issue.

Reading through Nairaland comments has to be one of the most mentally stressful things I do all day.
I'm here reading comments on how Buhari is right to sack the CJN and I'm shaking my head rigorously.
Agreeing without conceding that he is guilty (innocent until proven otherwise right), since when did the executive have the power to remove officials of the judiciary?
What happened to the concept of the Independence of the Judiciary? Since the case is in a court of competent jurisdiction, why didn't Buhari trust the process and wait for their pronouncement?
This a blatant disregard for the rule of Separation of Powers and there are people here saying they're in support of the removal.
Obasanjo was perhaps right, Buhari is another Abacha, and if they're people still in support of this nonsense, the future of this country is bleak.

D

Buhari has no right to interfere in the judiciary. Some smart by half zombies here are saying suspended not removed where as the constitution laid it very clear on how a CJN can be removed from office. You can't have a suspended CJN and an acting one. It's like having a suspended president and an acting one it's laughable!

I am even more shocked on how Tanko can allow himself be thus used if he really is Learned but what do you expect from some quota system justice who rose through the sharia ranks to the Supreme Court. Tanko is CJB ( chief justice of Buhari) not CJN. Walter remains the CJN and buhari just set a very bad precedence for our democracy.

If you say thean is corrupt and want him out, lobby the NJC to take him out. Laws are what make us less than savages and when we accepted to practice democracy, we choose to stand by those laws

The hues and cries arising from this CJN's suspension is very very funny to me.

Is there a precedence to this?

What was the reaction to same by those threatening fire and brimstone now including our learned colleagues of the luminous profession or were they all blind then because it was convenient to them?

Is our fraudulently drawn constitution explicitly clear on issues and devoid of unwarranted loopholes they now use to evade justice after causing much havoc to our national lives and thereafter term it technicalities?

How couldn't no one including the CJN's in the past and now seen how utterly skewed and rubbish our so called constitution is and how justice in Nigeria was always ever a mirage.

Perhaps this is the moment of reckoning...time to go back to the drawing board and toss the present shitt to the bins and get us something truly constitutional to run a progressive country upon.

Does the CJN have a case to answer and by extension furthering delivering justice to the highest bidder?

There might be no good enough justification for suspending the CJN neither is there any for running a country on an ambiguous and criminally crafted "Bible" which can certainly be turned and twisted to meet anyone's caprices..

post=75123320:
Comments are flowing......
Bring it on Nigerians......

fake suya seller. BMC rat. Buhari ur master is really a dundee

I just pity Yoruba Muslims in all this. This guys are always being betrayed by the North, but they Never learn. Still don't understand why a whole tribe loves to be eternal slaves to a particular group of uneducated people.
Just look at that nonsense MURIC for example.

"National interest supercedes the rule of law" only in a Buhari government.

All these noise sef...

When the president was busy breaking rules, the judiciary system failed to act. Now that they hammer have fallen on them, they are busy quoting constitution.

Will yorupigs agree with you? NO

Just look at the swine above me, the fool has sold his soul to the devil shouting 'sai barber' like his useless life and poisoned barbeque depends on it.

Most of these pigs from the waste are disgusting degenerates without conscience .

Spits at their ugly ewedu faces

Yorupigs are a cancer to the south. A diseases that must be purged at the appropriate time. Keep on suporting evil for your foolish and clannish reasons

Stupid pigs and moronsss