The president started with wilful disobedience and disregard of court orders; but a greater segment of Nigerians urged him on or kept quiet believing he was on the right path in circumventing the law to deal with corrupt individuals.
Then, he became bolder by ordering an illegal raid on the apartment of judges of the Supreme Court; still, we kept quiet and pretended the president was merely fighting corruption. Then he asked lawyers not to accept briefs from corrupt individuals and we all cheered. Again, he told a group of eminent lawyers at a Bar Conference that national security supersedes individual rights and individual rights could be sacrificed for national security. Yet none of the eminent lawyers could correct or reprimand him.
Now, the presidency is gunning for the head of the judicial arm of government. Last week, the government, purportedly on the strength of a petition by an obscure organisation, the Anti-corruption and Research based Data Initiative, whose leader was a former spokesperson to the President, hurriedly filed charges against the Chief Justice, Walter Onnoghen, at the Code of Conduct Tribunal for non and fraudulent declaration of assets. Worse, the government also took the unprecedented step, via a motion, requesting the Chief Justice to recuse himself and stand down from office until the case against him at the Code of Conduct Tribunal is determined.
This is unprecedented in the history of Nigeria’s democracy that the presidency is seeking to remove the Chief Justice without regard to due process as laid down in the constitution and just a month before an important election.
It will be recalled that in 2016, even after being made acting Chief Justice, President Muhammadu Buhari refused to forward Onnoghen’s name to the Senate for confirmation as substantive Chief Justice as was the norm, even when the constitution only provided for only three months within which the Cthat he could only act for three months in that capacity. The Vice President eventually forwarded his name for confirmation on the eve of the expiration of the three months when the president was away on medical vacation.
For the avoidance of doubt and without prejudice to the substance of the case against the Chief Justice, the constitution and made clear provisions for the discipline of judicial officers and procedures for the removal of the Chief Justice. Section 292 (1) of the 1999 constitution provided that the CJN can only be removed from office by the president acting on an address supported by two-thirds majority votes of the Senate. More significantly, in the case of Ngajiwa Vs FRN (2017), the Appeal Court held that any judicial officer accused of an offence must first be subjected to investigation and disciplinary action by the National Judicial Council (NJC) and after only that the judicial officer can be arraigned in court.
The decision of the federal government to ignore both the constitutional provision and judgement of the court to ask the CJ to recuse himself just one month before an election is giving rise to suspicion of political motifs.
The Chief Justice is the head of the third arm of government, which should be insulated from executive control and inteferences. The presidency cannot and must not be aloud to remove and replace its leadership at will and without recourse to rule of law.
Nigeria must avoid a regress to the rule of man where government officials have the discretion to choose which laws to obey, which statutes to follow and what rules with which to comply. Despite various shortcomings, Nigeria is better off under democratic governments than under military rule. Strengthening the rule of law is one sure way of ensuring we remain a democracy.
We call on the government to withdraw the case instituted against the Chief Judge of the federation at the Code of Conduct Tribunal forthwith. If they are sure of the allegations against the CJ, they should follow the constitutional provision. We cannot fight corruption by breaking or circumventing the law.
By our Reporter
