— Ozekhome calls for mass protest, shut down of courts, NASS
— El-Rufai supports suspension of CJN Onnoghen
— Buhari’s action amounts to coup – Saraki
— Coup against the Nigerian judiciary and suspension of the Nigerian Constitution — NBA
— Suspension of Onnoghen a constitutional crisis, Buhari has no power to unilaterally suspend the CJN — Southern, Middle Belt leaders
— Suspension of Walter Onnoghen a judicial coup — CUPP
Condemnation, support, outcry from Leaders of thought, Legal luminaries, Politicians trail the suspension of Justice Walter Onnoghen as the Chief Justice of Nigeria by the Muhammadu Buhari Administration on Friday, 25th of January, 2019.
President Buhari announced the suspension at the Council Chamber of the Presidential Villa, Abuja on Friday.
He said the suspension followed the order of the CCT directing him to suspend Onnoghen, pending the completion of his trial.
The President has swore in Justice Ibrahim Tanko Mohammed as the acting CJN. Mohammed who hails from Bauchi state is the most senior justice of the Supreme Court.
While many leaders of thought see the action of the Fg as a coup against the Nigerian Judiciary, some legal luminaries see it as a constitutional breach which must be reversed to stem anarchy.
Some of these reactions and opinions are captured in some details below. Readers opinion is also desired in the comment box — "Talk your own so that Nigeria go better"
Ozekhome calls for mass protest, shut down of courts, NASS
A constitutional lawyer, Mike Ozekhome (SAN) has described the suspension of Justice Walter Onnoghen as illegal and unconstitutional.
Ozekhome in a statement on Friday said the provisions of the constitution on appointment and removal of the Chief Justice of Nigeria (CJN) was clear and was not followed by President Muhammadu Buhari.
“The provisions of section 292(2) of the 1999 Constitution are quite clear on how the CJN can be removed from office. Aside sections 153,158 and parts 1 and 2 of the 3rd schedule to the Constitution, which provide that a judicial officer can not be removed from office until he has first been tried and dealt with by the National Judicial Council (NJC), Section 292(2) makes it clear that the president can only remove the CJN from office before the age of his retirement when “acting on an address supported by two-thirds majority of the Senate”. When did the Senate meet to donate this power to the president?” Ozekhome asked.
He said Nigerians “should brace up, come out enmasse, to protest against this illegality.
He also said Nigerian lawyers and the NBA (Nigeria Bar Association) should shut down all courts in Nigeria until the CJN is returned to his seat.
He said this was achieved even under military dictatorship in Pakistan, when former Pakistani president, Pervez Musharraf illegally removed from office the then Chief Justice of Pakistan, Justice Iftikhar Mohammad Chaudhry on 11th March, 2007.
“All the lawyers went on strike,from 15th March, 2007, shut down the courts and protested on the streets for months, until a panel of 7 members of the Supreme Court sat and held that the removal was illegal and reinstated the Chief Justice.
He said the “NASS (National Assembly) should also shut down in protest.’
El-Rufai supports suspension of CJN Onnoghen
Governor of Kaduna State, Nasiru Ahmed El-Rufai has commended the suspension of the Chief Justice of Nigeria, Walter Onnoghen by President Muhammadu Buhari.
El-rufai in a swift reaction on his official Twitter page, said he solidly supported the decision to suspend Onnoghen.
He tweeted, “SANITY NEEDS RESTORATION: About time this institutional gobbledygook and regionalization to justify admitted wrongdoing are confronted.
“Justice must not give way to legal gymnastics and absurd technicalities. I am solidly with PMB on this, as always!”
Buhari’s action amounts to coup – Saraki
Senate President, Dr. Abubakar Bukola Saraki has described the suspension of the Chief Justice of Nigeria, Hon. Justice Walter Onoghen by President Muhammadu Buhari as a coup against democracy and a deliberate attempt to endanger our hard-won democracy.
Saraki, in a statement personally signed by him, stated that the suspension was another act of desperation by President Buhari.
He noted that by the suspension of the CJN, Buhari had acted outside the provision of the constitution, exercised the powers which he does not have and that this action amounted to gross misconduct.
“This action is capable of undermining the nation’s judiciary, subverting the constitution, intimidating judges of all the courts of record, and creating uncertainty in the electoral process.
“By unilaterally suspending the CJN without following the provision of the constitution, President Buhari has 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 specify the roles of the three arms of government, beginning from the National Judicial Council (NJC), the National Assembly and lastly, the Presidency, have different roles to play 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. 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, uncivilized and despotic measure”, Saraki stated.
He, however, call on President Buhari to immediately reverse this decision and allow the due process of law to take its natural course in determining the guilt or otherwise as well as the suitability of Hon. Justice Onnoghen to continue as the head of the nation’s judiciary.
Suspension of Onnoghen a constitutional crisis- Southern, Middle Belt leaders
*** Say Buhari has no power to unilaterally suspend the CJN.
LEADERS of thought, elder statesmen from four of the six geo-political zones of the country, under the aegis of Southern and Middle Belt Leaders Forum, Thursday warned that the suspension of the Chief Justice of Nigeria, CJN, Justice Walter Onnoghen by President Muhammadu Buhari and replacing him with Justice Ibrahim Tanko Mohammed is a serious constitutional crisis.
According to leaders, the action of the President was a clear suspension of the constitution and enthronement of full blown dictatorship, just as they rejected what they described as the illegal suspension and demand its immediate reversal, adding that the suspension is null and void and of no effect whatever .
They said, “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 .”
In a signed statement, the leaders of the Middle- Belt, Ndi- Igbo( Ohaneaze, Pan Niger Delta Forum, PANDEF, South- South and Afenifere said the action of the President amounts to high level of desperation on the part of the government and morbid desire to foist the rule of thumb, adding that the President has no power to unilaterally suspend the CJN.
The statement was signed by former Federal Commissioner for Information and South South Leader, Chief Edwin Clark;Chief Ayo Adebanjo, South West; Chief John Nwodo, South East and Dr Pogu Bitrus for Midddle Belt.
Onnoghen: CUPP Reacts To Buhari’s Suspension Of CJN
The Coalition of United Political Parties (CUPP) has said the suspension of Walter Onnoghen as the Chief Justice of Nigeria (CJN) as a judicial coup.
Walter Onnoghen was on Friday suspended by President Muhammadu Buhari until the completion of his trial by the Code of Conduct Tribunal (CCT) over his non-declaration of assets.
However, a statement by CUPP on Friday said “Buhari has finally overthrown constitutional governance. This factionalisation of the judiciary will not stand.
As far as the law of the land is concerned, Onnoghen remains the CJN. We will not recognise any other person who may be occupying that office illegally.
“Justice Tanko Muhammed is an usurper. The NJC must sack him. Lawyers must ignore him as long as he remains on that seat.”
It added that “The CJN can be removed from office either if he has been convicted or if under section 291 and 292 of the constitution, the Senate affirms a request by the President to remove him by two-third majority vote.
“Buhari have dared Nigerians. The filled a charge at CCT with a hurriedly put petition we kept quiet , they filled a motion to remove him from the tribunal but the Appeal court restrained them and just few hours to the inauguration of the supreme court election panel that will hear pre and post 2019 election , the emperor crushed the constitution and overthrow the leadership of the supreme court and appointed his stooge.
“Onnoghen’s illegal removal was aimed at stopping the swearing in of members of the 2019 general election petition tribunal.”
The statement added: “We have been vindicated on our earlier alarm that Buhari wants to appoint pro-APC CJN to help use the judiciary to affirm APC candidates in the 2019 pre and post election litigation.
“We hereby call on lawyers, judges and judicial staffs to down tool immediately. This is the last battle and it must be won. The NBA should immediately call out all lawyers. All courts must be shut now while nationwide protest against this impunity should also commence.
“The CJN must remain in office and disregard this announcement as the President has no power to suspend him.
“The Senate should reconvene now and start impeachment process against the President for acting against the provision of the Constitution he swore to uphold.
“Buhari has shown with this development that he is the most cruel and barbaric President Nigeria ever had.”
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