The suspension of the Chief Justice of Nigeria (CJN), Walter Onnoghen, by President Muhammadu Buhari came as a surprise to many political commentators.
Coming less than 24 hours after the Appeal Court restrained the Code of Conduct Tribunal (CCT) from proceeding with Onnoghen’s trial, the decision may have come as a rude shock to many, particularly the Bar and the Bench.
However, in defiance of the appellate court’s judgements, President Buhari announced the suspension of Onnoghen at the Council Chamber of the Presidential Villa, Abuja on Friday. He said his action was based on the order of the CCT directing him to suspend Onnoghen, pending the completion of his trial.
Onnoghen’s travails began in November 2016 after President Buhari appointed him as acting CJN.
After four months delay with agitations in some parts of the country that the present administration was not keen on appointing him as substantive head of the nation’s Judiciary, then Acting President Yemi Osinbajo succumbed to pressure and eventually nominated him to the Senate for confirmation in March 2017.
President Buhari is also miffed at the acquittal of high-profile individuals for corruption related cases under the suspended CJN. These include: Senate President, Bukola Saraki; former Minister of Niger Delta Affairs, Godsday Orurebe; Supreme Court Justice, Sylvester Ngwuta; retired judge of the Federal High Court, Adeniyi Ademola, and his wife, Olabowale; Hyeladzira Nganjiwa, a judge of the Bayelsa Division of the Federal High Court among others.
On Friday, the President could not hide his anger when he swore in Tanko Mohammed as the Acting CJN. “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”.
Political analysts say the President’s decision may have just opened another chapter in the matter since he claims to be acting on an exparte order from the CCT a day before the Appeal Court ruling asking the nation’s number one judicial officer to step aside.
In the same token, the development has raised more questions than answers: Why would the CCT grant an exparte order when the issue of jurisdiction is yet to be decided? Is it true that the exparte order was secured by the Federal Government on Friday and backdated to Wednesday? Does the CCT have the powers to ask Onnoghen to step aside? Why would the Federal Government chose the CCT exparte order over the ruling of a superior court? Does the action of the government not amount to self-help or judicial coup?
Other questions include: Does the order of the Tribunal not amount to usurping the powers of the NJC or the Senate on the removal of any judicial officer from office? Has former President Olusegun Obasanjo not been vidicated when he declared recently that Buhari had taken Nigeria to the Abacha era? Why didn’t the Federal Government ask the CCT Chairman Danladi Umar to step aside, since he is yet to be cleared of bribery allegations filed against him by the EFCC?
For critics accusing the President of marginalization, this development is just one of many examples of his perceived bias against a section of the country. They list key institutions which are being headed by Northerners and Muslims to include heads of the apex court, Economic and Financial Crimes Commission (EFCC), Nigeria Financial Intelligence Unit (NFIU), Nigeria Police Force, Department of State Services (DSS), National Intelligence Agency (NIA), Court of Appeal, Federal High Court, Army, Independent National Electoral Commission (INEC), office of the Attorney General of the Federation among others.
Already, some Nigerians have established a nexus between the President’s action and the forthcoming General Election.
They questioned the timing of the action, coming just three weeks to the 2019 General Election, even as they lamented that the Buhari administration failed to comply with Section 292 of the 1999 Constitution (as amended) in handling the matter. It stipulates that a judicial officer can be removed by either the Senate or National Judicial Council (NJC).
In an email sent to BDSUNDAY, the Coalition of United Political Parties (CUPP), alleged that the move by the President was to prevent Onnoghen from swearing in members of election petition tribunals billed for Saturday.
Describing the CCT action as a ‘black market order’ Spokesperson of the Coalition, Ikenga Ugochinyere, said: “Information reaching us have shown that immediately the Buhari govt heard of the planned swearing in of members of the election tribunal by the CJN, Onnoghen on Saturday by 10am,, the Buhari team rushed to the the Chairman of Code of Conduct tribunal who issued an illegal order behind the back of the CJN for a motion which was slated for Monday next week before the Court of Appeal barred them.
“The Chairman of the Code of Conduct Tribunal issues the black market order while the Tanko Mohammed was already seated inside the Villa and immediately the order was issued and backdated they rushed to the villa and announced the swearing in of Tanko Mohammed to ensure they stop the tomorrow’s inauguration of 2019 election petition tribunal”.
With the United States and the United Kingdom threatening to place visa bans on politicians involved in electoral fraud, there are concerns that the latest move may not only snowball into constitutional crises that may affect the integrity of the exercise but also negatively affect Nigeria’s democratic credentials in the international community.
Already, an emergency meeting of the Nigeria Bar Association (NBA) is billed to hold in Abuja on Monday to discuss the development, even as opposition political parties and civil society organisation are set for nationwide protest this week. The Senate is also billed to convene an emergency session to discuss the matter.
As US,UK, EU express concern
The suspension has also drawn strong condemnations from the international community.
In three separate statements on Saturday, the United States, United Kingdom and European Union Election Observation Mission (EU EOM), expressed serious concern over the suspension of the Chief Justice of Nigeria, saying the decision may affect both domestic and international perceptions on the credibility of the forthcoming elections.
While questioning the process and timing of the suspension, they wondered why Justice Onnoghen was suspended at a time so close to the swearing-in of justices for Electoral Tribunals and the hearing of election-related cases.
A statement by the European Union Election Observation Mission (EU EOM), reads: “With 20 days until the presidential and National Assembly elections, political parties, candidates and voters must be able to have confidence in the impartiality and independence of the judicial system.
“The decision to suspend the Chief Justice has led to many Nigerians, including lawyers and civil society observer groups, to question whether due process was followed.
“The timing, just before the swearing in of justices for Electoral Tribunals and the hearing of election-related cases, has also raised concerns about the opportunity for electoral justice.
“The EU EOM calls on all parties to follow the legal processes provided for in the Constitution and to respond calmly to any concerns they may have.
“The EU EOM will continue observing all aspects of the election, including the independence of the election administration, the neutrality of security agencies, and the extent to which the judiciary can and does fulfil its election-related responsibilities”.
OWEDE AGBAJILEKE, Abuja
