In clear desperation to achieve certain outcomes ahead of the February poll, and in a move that smacks of total disregard for the rule of law and constitutionalism, Nigeria’s President Muhammadu Buhari on Friday suspended the country’s Chief Justice, Walter Onnoghen, on the advice of the Code of Conduct Tribunal (CCT), and swiftly swore in Justice Ibrahim Tanko Mohammed as Acting Chief Justice.
The swiftness and “illegality” of the Buhari government’s approach to the Onnoghen case rekindle old memories of the former military head of state, who was ousted from office in 1985 on accusations of “intransigent and dictatorial tendencies”.
Analysts and legal experts fear that Nigeria is back to the dark days of dictatorship as Africa’s largest economy continues to demonstrate its challenges with entrenching democratic norms.
Mike Ozekhome, a Senior Advocate of Nigeria, in a note to journalists on Friday, described Buhari’s action as a rape on democracy and abuse of the constitution.
“The alleged suspension from office of the CJN is the vilest, thieving, most despicable, ultra-vires, undemocratic and brazenly unconstitutional act ever carried out by any government in Nigeria, civilian or military, since 1st January, 1914, when the contraption called Nigeria was forcibly contrived through the amalgamation of Northern and Southern Protectorates,” Ozekhome said.
The outspoken senior lawyer and activist called on Nigerians to brace up and take to the streets to “protest against this illegality” and the dictatorial tendencies of the Buhari regime. He also called on all Nigerian lawyers and the Nigerian Bar Association to “shut down all courts in Nigeria until the CJN is returned to his seat”.
Also addressing an emergency press conference on Friday, the Coalition of United Political Parties (CUPP) described Buhari’s suspension of Onnoghen as a judicial coup and overthrow of constitutional governance. The opposition political parties asked the Senate to immediately reconvene and commence impeachment proceedings against the president.
A fortnight ago the government, purportedly acting on the strength of a petition by the Anti-corruption and Research-based Data Initiative, whose head, Dennis Aganya, was Buhari’s spokesperson, hurriedly filed charges against the Chief Justice at the CCT for allegations bordering on non-declaration of assets. Besides just charging the CJN, the government requested, via a motion, that the nation’s number-one judicial officer recuse himself and stand down from office until the case against him at the CCT is determined.
Expectedly, the Chief Justice refused and has mounted a fierce legal challenge against the move. The suspension, therefore, is the Presidency’s latest move in the fierce battle to determine the headship of the judiciary ahead of the 2019 elections.
“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,” President Buhari said in a speech suspending the Chief Justice.
It is doubtful what order the president was relying on as there was no reported order directing the suspension of the Chief Justice by the Code of Conduct Tribunal. Many legal experts and analysts are of the opinion the CCT does not have the powers to order the suspension of the Chief Justice.
In fact, the only definitive order of the court was one given by the Court of Appeal, Abuja division, on Thursday, ordering the Code of Conduct Tribunal to stay further proceedings in the trial of the Chief Justice of Nigeria pending its ruling on Wednesday, January 30, 2019.
However, the president purported to rely on the order of the Code of Conduct Tribunal to suspend Justice Onnoghen.
“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,” Buhari said.
The suspension came just in time to prevent Justice Onnoghen from swearing in members of the 2019 National Assembly, Governorship and State Assembly Election Petition Tribunals on Saturday, 26th January, 2019. That function, and in fact the selection of the members of the tribunal, will now be done by the newly sworn-in Acting Chief Justice.
“A few weeks to an election season which many are increasingly seeing as a referendum on Nigeria’s democratic practices, the country once again advertises its challenges with entrenching democratic norms,” SBM Intelligence said in a report in the wake of Onnoghen’s travails.
“There is an established line of laws, legal directives and judicial precedent, including a 2017 Court of Appeal case (Nganjiwa v The Federal Republic of Nigeria) which states that a judicial officer who has not been investigated by the National Judicial Council (NJC) and sanctioned for misconduct cannot be arraigned in any criminal court in Nigeria,” said SBM Intelligence.
The present attempt to subvert this established process by the Federal Government, SBM Intelligence said, will undoubtedly increase the tension between the executive and judiciary under this administration.
Analysts had said the moves by the Buhari government against Onnoghen who, it would be recalled, was never the president’s favourite choice, was to pave way for Justice Ibrahim Tanko Mohammed, a Bauchi native, who may be more pliable than Onnoghen, seen in government quarters as being “too independent”. Onnoghen is the first southern holder of the position since Lagos-born Justice Ayo Gabriel lrikefe in 1987 – a stretch that covers eight consecutive northern chief justices.
There have also been insinuations that Justice Onnoghen’s travails are not unconnected with the Rivers State APC appeal case and it is a move meant to intimidate the judiciary into doing the wishes of the APC-led government. It will be recalled that the Court of Appeal has barred the APC in Rivers State from presenting candidates for elections in the state and the case has gone to the Supreme Court. There were reports based on available information indicating that a former governor or Rivers State is behind the moves to get the CJN out of office at all cost because, as he reportedly told the president, they have Onnoghen on tape saying the APC was going to lose the case, hence their decision to push for his removal in time before the case is decided by the apex court.
While some argue that the president has powers to remove or suspend the CJN or any judicial officer, BusinessDay checks show otherwise. Section 292 of the Nigerian constitution clearly provides for the manner in which a judicial officer or head of a judicial arm of government shall be removed from office. It states that such officer can only be removed by the president “acting on an address supported by two-thirds majority of the Senate” or “acting on the recommendation of the National Judicial Council that the judicial officer be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity or mind or of body) or for misconduct or contravention of the Code of Conduct”.
The Buhari administration has been notorious for its flagrant disregard of the rule of law. Many courts in the land had severally granted bail to Sambo Dasuki, former National Security Adviser, and Sheik Ibrahim El-zakzaky, the Shiite leader, his wife and followers, but the government has ignored the courts and has continued to detain them illegally.
Earlier in the year, the president told a gathering of lawyers that “where national security and public interest are threatened the individual rights of those allegedly responsible must take second place in favour of the greater good of society”.
Christopher Akor
