The Centre for Democracy and
Development (CDD) has called on President Muhammadu Buhari to withdraw the
appointment of Ibrahim Muhammad, acting chief justice of Nigeria.
CDD, in a statement by Idayat
Hassan, director of the group, said the president has no power to appoint or
remove the CJN.
It accused the president of
putting the nation on the path of a constitutional crisis, warning that the
country cannot afford a crisis with the election less than three weeks away.
“On Friday, President Muhammadu
Buhari suspended the chief Justice of Nigeria, Walter Onnoghen putting Nigeria
on the path to constitutional crisis especially because he immediately swore in
Justice Tanko Muhammad as his interim replacement without allowing the National
Judicial Council and other arms of government play their constitutional roles,”
the statement read.
“The President is aware that he has
no such powers, so he justified his action by claiming he was obeying a
directive from the Code of Conduct Tribunal, before which Mr Onnoghen is
standing trial.
“The Tribunal, however, has no
such powers, and the Centre for Democracy and Development (CDD) strongly avers
that the President Must backtrack from his action as a prerequisite for
resolving the quagmire as resolving the predicament we find ourselves in as a
country.
“The Constitution is clear that
the powers of appointment and removal are shared powers which the President
cannot exercise alone. It is also settled law that only the NJC is
constitutionally vested with the authority of disciplinary control including
that of suspension of an erring judicial officer.”
The statement also said Onnoghen
should have stepped down immediately he was charged by the Code of Conduct
Bureau and allow the law to run its course.
“Mr Onneghen had himself presided
over the establishment of the jurisprudence for suspension of all judicial
officers charged for wrongdoing,” the statement read.
“He, therefore, had an absolute
responsibility to step down immediately and allow the National Judicial Council
deliberate and take a decision on the matter.
“President Muhammadu Buhari
should immediately retrace his steps and withdraw the illegal appointment of
Tanko Mohammed as Acting Chief Justice of Nigeria.
“Chief Justice Walter Onnoghen
has serious charges levelled against him, and it is morally reprehensible for
him to continue to stay in office until all matters are judiciously dispensed
with, CDD, therefore, call on Justice Onnoghen to immediately step down and
convene the National Judicial Council to meet and make a determination on the
way forward.
“Nigerians are seriously
concerned about the entrenched culture of corruption and impunity in the
country. Therefore, it beholds on the National Judicial Council to ensure
justice is not just done but seen to be done in the CJN matter.”
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