A former President of Nigerian
Bar Association (NBA), Chief Olisa Agbakoba (SAN), has blasted the decision of
President Muhammadu Buhari to suspend Walter Onnoghen, as the Chief Justice of
Nigeria.
Buhari had on Friday suspended
Onnoghen and immediately appointed Tanko Mohammed as acting CJN.
Explaining his reason, the
President said he suspended Onnoghen, following an order from the Code of
Conduct Tribunal, CCT, asking him to wield the big stick.
In a statement forwarded to NigerianEye, Agbakoba made it clear that Buhari’s action “is the most brazen assault
on Nigeria’s constitutional history” and criticized Mohammed for accepting to
be sworn in.
“President Muhammadu Buhari’s
suspension of the Chief Justice of Nigeria, Justice Walter Onnoghen, is the most
brazen assault on Nigeria`s constitutional history.
“The President has obviously not
listened to the advice of the Hon. Attorney General of the Federation or the
Attorney General of the Federation has misadvised him or both.
“President Buhari claims that the
suspension of the Chief Justice Onnoghen is pending the determination of the
Code of Conduct Tribunal, CCT. This is simply not true. The CCT itself
adjourned proceedings in respect of Justice Onnoghen`s matter in order to
determine if it had jurisdiction to try Justice Onnoghen. The President`s
decision contravenes the Ruling of the CCT.
“There are at least six (6)
pending cases in superior courts of Nigeria and one in the Court of Appeal. All
these cases ruled that Justice Onnoghen should remain in office pending when
all cases against him are resolved. These Rulings bind the President of
Nigeria. In any case Section 292 of the 1999 Constitution of Nigeria sets out
the procedure for removing or suspending the Chief Justice of Nigeria. The
power to suspend or remove the Chief Justice of Nigeria vests in the Senate
side of the National Assembly.
“For all these reasons the
purported suspension of Chief Justice Onnoghen is the gravest insult to
Nigerian constitution in history. It is difficult to understand how President
Buhari will expect my vote of confidence in the February polls if he wantonly
denigrates and desecrates our Constitution.
“I call on all Nigerians to take
the strongest possible view of the President`s conduct. I am shocked that Mr.
Justice Mohammed Tanko would have offered himself to be sworn in as the Acting
Chief Justice of Nigeria.
“I call on the Chief Justice of
Nigeria to refuse to be pushed out of office. The NBA must rise to resist this
assault to our constitution.
Our judges must rise; Civil
Society Organizations must rise. This is potentially the beginning of our
descent into constitutional anarchy.”
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