…summons emergency meeting for Tuesday
The National Judicial Council (NJC) has fixed tomorrow for an emergency meeting to discuss issues concerning the suspension of Justice Walter Onnoghen as the Chief Justice of Nigeria (CJN) and subsequent appointment of Justice Ibrahim Tanko Muhammed as the acting CJN by President Muhammadu Buhari.
A source close to the Council who prefers anonymity, while speaking with New Telegraph, said the NJC ought to have met last week, but for the unfolding issues in the judiciary. He, however, stated that top among issues, the council will be deliberating on tomorrow is the suspension of Onnoghen as the CJN.
Asked whether, the acting CJN, Justice Muhammed, will preside over the meeting; the source said he could not say as at press time, who will preside over the meeting. However, a member of the defence team, who prefers anonymity, told New Telegraph that they were surprised with the turn of events. According to him, “We are not sure that the judgement was not forged. The only tool we have to fight is the Constitution and we shall use it accordingly. “All of us were there at the last adjourned date, when the prosecution counsel said he has a motion seeking to compel Onnoghen to step aside, but the tribunal responded that it has no power at that point to hear such application, when it has not determined whether it has jurisdiction to hear the matter or not.
“That was why the judge adjourned till January 28 to hear our application challenging his jurisdiction. We are, however, surprised that the same tribunal can turn back to grant an ex-parte order on a matter it has not assumed jurisdiction. “I doubt if the matter will go on tomorrow, but we will be there.” In a similar development, the NBA, human rights lawyers have fixed today to stage a protest against the illegal suspension of Onnoghen.
The lawyers are to take off from the NBA headquarters in Abuja. Part of their plans is to shut down the courts. The NBA has equally called for an emergency meeting of its NEC today to discuss on the said suspension. Meanwhile, rights activist and Senior Advocate of Nigeria (SAN), Mr. Femi Falana, has asked the Senate to demand a review of the suspension of Justice Onnoghen, by President Buhari, when it reconvenes tomorrow.
The silk said the Senate’s request for a review of the president’s action was necessary to put the country back on the track of constitutionalism and rule of law. Falana, while speaking on Channels TV, also asked senior lawyers in government to advise the president on the need for a review of his action. He said: “As far as I am concerned and as far as the Constitution is concerned, what has been done by the president has to be reviewed.
“I call on our colleagues in government who are Senior Advocates of Nigeria to advise that the decision be reviewed in the interest of the country. “I call on the Senate to ask for a review of this suspension in a way that we can return to constitutionalism and rule of law.
Government does not lose anything. The road is so clear on this matter that we shouldn’t resort to any ambush or jungle justice.” Also, elder statesman and Afenifere chieftain, Chief Ayo Adebanjo, said law and order has broken down in Nigeria. He said that even in the Sedays of the military, the situation wasn’t this bad. He said: “In my own view, law and order have broken down. And like Mike Ozekhome said, Buhari has already executed a coup against the judiciary. “Even in the bad days of the military, they still had respect for the judiciary. But now, the man is suffering every aspect of governmental administration. The institution that is supposed to sought out things legally and constitutionally has been stopped. Where we go from there; honestly, I don’t know.
“Buhari told the judiciary during the conference of the lawyers that the rule of law is subject to national interest. That is the time we should have known that he has worn the military toga again, where he is the legislature, executive and judiciary. It is unfortunate for us. Only God can save this country.” In her own reaction, Dr. Abiola-Akiyode Afolabi, the chairperson of Transition Monitoring Group (TMG), a coalition of 400 Civil Society Organizations, said the onslaught by the presidency against the judiciary, a pillar in the democratic process, was ill advised and poorly timed. She said: “Apart from the credibility problems, the action against the CJN has created the perception in the public that the President is not committed to standing by his promise to ensure the conduct of free, fair and credible elections. What the President has done is an abuse of power and taking advantage of his control of state apparatus to override the will of the court system.
“TMG is concerned with the effect of the President’s conduct on the elections since actions of this nature are capable of causing voter apathy and anarchy as citizens can be emboldened in the resort to selfhelp. These realities can in turn have an impact on the extent of participation in the electoral process by the people.
“If the effects of the President’s draconian action are placed side by side, all the other problems that have affected the preparation for the election by the Independent National Electoral Commission (INEC), the outcomes will impact negatively on the democratic process at the levels of perception and reality.
“TMG is of the view that the President’s unconstitutional overreach undermines the hallowed principle of separation of powers and checks and balances which are sign posts of a healthy democracy. This is, therefore, the time for the President to take remedial action to repair the serious damage, which has already been done.”
President Buhari had, on Friday, suspended Onnoghen who was billed to swear in the members of the 2019 election petition tribunal on Saturday as the CJN and immediately sworn in Mohammed. Justice Mohammed had, since on Saturday, sworn in the 250 members of the panel. President Buhari had hinged the suspension of Onnoghen on an ex-parte order granted by two members of the Code of Conduct Tribunal (CCT).
The Federal Government had slammed a sixcount criminal charge on Onnoghen bothering on non-declaration of five of his domiciliary accounts with Standard Chartered Bank. Earlier before the grant of the ex-parte order, the chairman of the tribunal, Danladi Umar had, last Tuesday, fixed today to hear a motion filed by Onnoghen through his counsel, Chief Wole Olanipekun (SAN) challenging the jurisdiction of the tribunal to adjudicate on the charge brought by the CCT. The Court of Appeal had adjourned till January 30 to rule on the said application.
We recall that the tribunal had refused restraining orders made by three different courts, Federal High Court, National Industrial Court and Abuja High Court stopping the CCT from proceeding with the trial pending when the motion on notice challenging the jurisdiction of the tribunal will he heard and determined.
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