Onnoghen: Buhari has staged coup against democracy

THE Nigerian Bar Association (NBA) and leaders of the South and Middle Belt, on Friday, described the suspension of the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, by President Muhammadu Buhari as a coup against democracy.

President Buhari speaks on suspension of CJN Onnoghen

President Buhari on Friday suspended the Chief Justice of the Nigeria (CJN), Justice Walter Onnoghen.

In his place, he swore in Justice Ibrahim Tanko Mohammed in an acting capacity.

He performed the ceremony at the presidential villa, Abuja.

Chiefs Edwin Clark (South South), Ayo Adebanjo (South West), John Nwode (South East) and Dr Pogu Bitrus (Middle Belt), in a joint statement, said the suspension of the CJN was a direct threat to the nation’s democracy.

The statement reads: “The attention of Southern and Middle Belt Leaders has been drawn to a coup against constitutional democracy in Nigeria by President Muhammadu Buhari will the suspension of CJN Walter Onnoghen this evening and swearing in a replacement.

“This is a constitutional crisis foisted by desperation and morbid desire to foist a rule of thumb.

“We have checked through the constitution and the president has no power to unilaterally suspend the CJN.

“Section 292 of the amended 1999 Constitution is clear that the president can only remove the CJN with 2/3 of Senate resolution.

“To us, what has been done is resort to self-help after the Court of Appeal issued an order stopping the trial of the CJN by the CCT presided over by a man answering charges in court over corruption allegations but still in office.

“The latest action is a clear suspension of the constitution and enthronement of full blown dictatorship.

“We reject the illegal suspension and demand its immediate reversal.

“The suspension is null and void and of no effect whatever.

“An emergency meeting of the Forum holds shortly on this total aberration.

“We call on all Nigerians to wake up to the reality that our democracy is now under threat and use all constitutional means to defend it.

“We must not surrender to this authoritarian rule.”

Onnoghen’s suspension, coup against Nigerian judiciary, NBA

It’s a coup —NBA

The Nigerian Bar Association (NBA) also condemned the suspension of Justice Walter  Onnoghen as  the Chief of Nigeria (CJN) and replacing him with Justice Ibrahim Tanko Mohammed in acting capacity.

A statement made available to newsmen late Frieday said the association, “unequivocally rejects and condemns this attempted coup against the Nigerian Judiciary and evident suspension of the Nigerian Constitution by the Executive arm of the Federal Government”

The action of the Executive, according to the NBA boss, Paul Usoro (SAN) in the statement, portends a slide into anarchy and complete deconstruction of the Rule of Law and due process.

“It amounts to an absolute breach of the Constitution and the usurpation of the powers of the Senate and the National Judicial Council (NJC).

“It is unfortunate that the Executive Branch of Government purports to suspend the CJN on the basis of an alleged ex-parte order of the Code of Conduct Tribunal, which,  to the knowledge of the Executive, had, only the previous day, Tuesday, 22 January 2019 adjourned its proceedings to Monday, 28th January, 2019 and has before it a Motion on Notice that is yet to be argued, seeking the same reliefs as were contained in the purported ex-parte application, to wit, the suspension of the CJN, amongst others.”

The NBA then called on the Federal Government to avert the looming constitutional crisis precipitated by its ill-advised action and demanded  the reversal of the purported suspension of Justice Onnoghen.

“We also call on the National Assembly to assert its constitutional authority and powers and prevent this slide into chaos and erosion of the Rule of Law”, the statement added.

Why I suspended Onnoghen —Buhari

President Buhari, however, said the suspension followed an order from the Code of Conduct Tribunal (CCT) dated January 23,  2019.

He said since the issue broke, judges had acted with alacrity towards the suspended CJN.

Buhari also expressed dismay at the rate the Supreme Court under Onnoghen set free people accused of corruption.

Speaking at the swearing in ceremony, President Buhari said: “A short while ago, I was served with an Order of the Code of Conduct Tribunal issued on Wednesday 23rd January 2019, directing the suspension of the Chief Justice of Nigeria, Honourable Justice Walter Nkanu Samuel Onnoghen from office pending final determination of the cases against him at the Code of Conduct Tribunal and several other fora relating to his alleged breach of the Code of Conduct for Public Officers.

“The nation has been gripped by the tragic realities of no less a personality than the Chief Justice of Nigeria himself becoming the accused person in a corruption trial since details of the petition against him by a Civil Society Organization first became public about a fortnight ago.

“Although the allegations in the petition are grievous enough in themselves, the security agencies have since then traced other suspicious transactions running into millions of dollars to the CJN’s personal accounts, all  undeclared or improperly declared as required by law.

“Perhaps more worrisome is the Chief Justice of Nigeria’s own written admission to the charges that he indeed failed to follow the spirit and letter of the law in declaring his assets, citing ‘mistake” and ‘forgetfulness’ which are totally unknown to our laws as defences in the circumstances of his case.

“One expected that with his moral authority so wounded, by these serious charges of corruption, more so by his own written admission, Mr. Justice Walter Onnoghen would have acted swiftly to spare our Judicial Arm further disrepute by removing himself from superintending over it while his trial lasted.

“Unfortunately, he has not done so. Instead, the nation has been treated to the sordid spectacle of a judicial game of wits in which the Chief Justice of Nigeria and his legal team have made nonsense of the efforts of the Code of Conduct Tribunal to hear the allegation on merit and conclude the trial as quickly as possible considering the nature of the times in which we live.

“Whether deliberately or inadvertently, we have all seen the full weight of the Chief Justice of Nigeria descend on the tender head of one of the organs of justice under his control. There is simply no way the officers of that court, from the Chairman to the bailiffs, can pretend to be unaffected by the influence of the leader of the Judiciary.

“Not only the trial court, but others have been put on the spot. Practically every other day since his trial commenced, the nation has witnessed various courts granting orders and counter-orders in favour of the Chief Justice of Nigeria, all of them characterised by an unholy alacrity between the time of filing, hearing and delivery of judgment in same.

“The real effect has been a stalling of the trial of Justice Onnoghen, helped along by lawyers who insist that these orders, whether right or wrong are technically valid, and must be obeyed till an appellate Court says otherwise. No doubt, that it is the proper interpretation, but is it the right disposition for our nation?

“Nigeria is a constitutional democracy and no one must be, or be seen to be, above the law. Unfortunately, the drama around the trial of the Chief Justice of Nigeria has challenged that pillar of justice in the perception of the ordinary man on the street. For it is certain that no ordinary Nigerian can get the swift and special treatment Justice Onnoghen has enjoyed from his subordinates and privies in our Judicature.

“In the midst of all these distracting events, the essential question of whether the accused CJN actually has a case to answer has been lost in the squabble over the form and nature of his trial. This should not be so.

“If Justice cannot be done and clearly seen to be done, society itself is at risk of the most unimaginable chaos. As a Government, we cannot stand by wailing and wringing our hands helplessly but give our full backing and support to those brave elements within the Judiciary who act forthrightly, irrespective of who is involved.

“As you are all aware, the fight against corruption is one of the tripod of policies promised to Nigerians by this administration.  Needless to say that it is an existential Policy which must be given adequate attention and commitment by all the three arms of government. The efforts of the Executive will amount to nothing without the cooperation of the Legislature and especially the Judiciary.

“It is no secret that this government is dissatisfied with the alarming rate in which the Supreme Court of Nigeria under the oversight of Justice Walter Onnoghen has serially set free, persons accused of the most dire acts of corruption, often on mere technicalities, and after quite a number of them have been convicted by the trial and appellate courts.

“Since there is nothing the Executive Arm can do after the apex court of the land has spoken on any matter, several of these individuals walk free among us today, enjoying what are clearly the proceeds of the corruption which for so long has defeated the efforts of this nation to develop and prosper.

“It is against this background that I have received the Order of the Code of Conduct Tribunal directing me to suspend the Chief Justice pending final determination of the cases against him.

“It also explains why I am not only complying immediately, but with some degree of relief for the battered sensibilities of ordinary Nigerians whose patience must have become severely over-taxed by these anomalies.

“In line with this administration’s avowed respect for the Rule of Law, I have wholeheartedly obeyed the Order of the Code of Conduct Tribunal dated 23rd January 2019.

“Accordingly, I hereby suspend the Honourable Mr. Justice Walter Nkanu Samuel Onnoghen, GCON as the Chief Justice of Nigeria pending final determination of the case against him at the Code of Conduct Tribunal.

“In further compliance with the same Order of the Code of Conduct Tribunal, I hereby invite Honourable Justice Ibrahim Tanko Mohammed JSC, being the next most Senior Justice in the Supreme Court, to come forward to take the Judicial Oath as Chief Justice of Nigeria in an Acting Capacity.

“Fellow Nigerians, we can only stand a chance to win the fight against Corruption, and position our dear nation for accelerated development when we stand together to contend against it.”

Buhari has suspended constitution —Saraki, Atiku, Bode George

SENATE President, Bukola Saraki, said on Friday that the suspension of the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, by President Muhammadu Buhari represented a suspension of constitutional democracy.

Saraki, in a statement he personally signed, said the suspension was also a deliberate attempt to endanger “our hard-won democracy.”

According to the Senate President, the decision to suspend the CJN was another act of desperation by President Buhari.

He noted that by the CJN’s suspension, “Buhari has acted outside the provision of the constitution, has exercised the powers which he does not have and this action amounted to gross misconduct.”

The statement reads: “This is an action aimed at undermining the nation’s judiciary, subverting the constitution, intimidating judges of all the courts of record, and creating uncertainty in the electoral process, thereby laying the foundation for influencing the outcome of litigations that might arise from next month’s elections.

“There is already the general belief that this hasty action was taken to pre-empt the already scheduled inauguration of election petition tribunals by Hon. Justice Onoghen and to destroy national institutions that are perceived to be uncooperative in his bid to manipulate the electoral process leading to next month’s general elections.

“By unilaterally suspending the CJN without following the provision of the constitution, President Buhari has taken an action which amounted to gross misconduct. He has simply sent a dangerous signal to the entire world that Nigeria is no longer a democratic nation and that we have returned to the old, jaded era of military dictatorship.

“Our constitution makes no provision for suspension of the nation’s highest judicial officer. The constitution provides a clear process for removal of the CJN and specifies the roles of the three arms of government, beginning from the National Judicial Council (NJC), the National Assembly and lastly, the Presidency in that process. There is no condition under which the president can usurp the powers of other arms of government. I do not know where the president and his advisers got this idea of suspending the CJN on the so-called order of the Code of Conduct Tribunal but this is novel, disingenuous and alien to our laws.

“The president and his team must have seen this so-called suspension as a short-cut to getting Hon. Justice Onnoghen out of the way since the appellate court has eventually stopped the CCT from continuing with the trial of the CJN. It is strange that President Buhari is claiming to be taking orders from a tribunal which has been ordered by a superior court to halt all actions on the trial.

“With this action, President Buhari has initiated a process the consequence of which nobody can predict. They have precipitated a constitutional crisis.

“At this point, all democratic institutions in the country, the international community and democrats across the world should rise against this blatant act of impunity. We should jointly condemn this retrogressive, uncivilised and despotic measure.”

Saraki called on President Buhari to immediately reverse the decision and allow the due process of law to take its natural course.

Also, the presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar, described the suspension of Justice Onnoghen as an anti-democratic act which “I reject in its entirely.”

In a statement in Abuja on Friday, the former vice president called on Justice Onnoghen and the judiciary to resist with every legal and constitutional means that they could muster.

“This brazen dictatorial act is the latest action in the ongoing rape of our nation’s hard-earned democracy by those who dined with anti-democratic forces, and is symptomatic of the increasing desperation that President Buhari and the cabal pulling the strings have as February 16, 2019 draws near,” he said.

In the same vein, a former Deputy National Chairman of the PDP, Chief Olabode George, described the suspension of Justice Onnoghen as a threat to liberty and lamented that the country’s democracy was no longer at ease.

“Let truth be told: there is nowhere in the Nigerian Constitution where the president can whimsically remove the Chief Justice of Nigeria without adherence to laid down procedures. This capricious cloudiness must not stand.

“We must all speak up in the defence of fairness, equity and the preservation of the rule of law. This is not the time to straddle the fence,” George said in a statement.

The Atona Oodua, while also lamenting that “democracy is now skewed, made imbalance by an unguarded, self-consuming leadership,” said “all good men and women must make a choice. You either stand boldly with the truth or hide shamefully behind crude survivalism.”

“The fact that the unlawful suspension of Chief Justice Walter Onnoghen was announced just as it became public knowledge that the CJN was constituting the election petition tribunals is not lost on discerning Nigerians and the international community.

“This act of desperation is geared towards affecting the outcome of the 2019 presidential election. Indeed, it is not just the CJN that has been suspended, it is the Nigerian constitution that has been infracted and, in effect, suspended, under the guise of the suspension of the CJN.

“The case involving the legality or otherwise of the charges against Chief Justice Walter Onnoghen is in court, as it should be. So far, the judiciary has ruled in Justice Onnoghen’s favour. So, why not allow the court to adjudicate on the matter? What is the pressing urgency?

“I want to seize this opportunity to call for unity amongst the judiciary. Do not let the Muhammadu Buhari administration divide you. Do not let this government turn you against yourselves. The judiciary is the last hope of the common man and the defender of our democracy.

“I also urge the international community to follow the commendable example of the United States and the United Kingdom by intervening to make those involved in this undemocratic act know that their actions will have consequences. Strong consequences.

“And to the Nigerian electorate, I call on you to save your beloved country from dictatorship by voting against President Muhammadu Buhari’s desperate war against the judiciary. Our country is falling apart under the leadership of President Buhari and it is time to stand up for democracy.”