Acting Chief Justice of Nigeria
(CJN) Justice Ibrahim Muhammad has justified President Muhammadu Buhari’s
suspension of erstwhile CJN, Justice Walter Onnoghen upon the January 25, 2019
ex-parte order of the Code of Conduct Tribunal (CCT).
Muhammad argued: “Any public
officer found guilty of the breach or violation of code of conduct can be
ordered to vacate the office he is holding as the consequence of the breach or
violation of the code of conduct.”
He contended that President
Buhari did no wrong by relying on the CCT order to suspend Onnoghen.
Justice Muhammad stated he committed
no offence by submitting himself to be sworn in acting capacity following the
order of the CCT and to prevent the vacuum that would have been created by
Onnoghen’s suspension.
The Acting CJN made public his
positions on Onnoghen’s suspension and eventual conviction, in his response to
a suit filed before the Federal High Court, Abuja by the Incorporated Trustees
of Malcom Omirhobo Foundation.
The reliefs sought by the
plaintiff include a declaration that Justice Muhammad “is not a proper and fit
person to be recommended by the 2nd defendant (the Federal Judicial Service
Commission) to the 1st defendant (the NJC) and by the 1st defendant to the 5th
defendant (Buhari) for appointment to the Office of the CJN”.
The plaintiff argued that, by
accepting to be sworn in as the Acting CJN, while Onnoghen was lawfully
suspended, Justice Muhammad “conducted himself in a manner that cast doubt of
confidence in his integrity and impartiality of the Judiciary and having made
himself a tool used in the violation of the Constitution of Nigeria”.
Listed as defendants to the suit
are the National Judicial Council (NJC), the Federal Judicial Service
Commission (FJSC), Justice Muhammad, the Federal Government, Buhari, the
Attorney-General of the Federation (AGF) and the Senate.
In a counter-affidavit filed for
him by his team of lawyers led by Lateef Fagbemi (SAN), Justice Muhammad
insisted that President Buhari breached no law or procedure in suspending
Onnoghen based on an ex-parte order by the CCT.
The acting CJN, who noted that
Onnoghen has since resigned after his suspension, argued that neither him, not
the President did any wrong in their handling of the Onnoghen case.
Justice Muhammad added: “The 5th
defendant (the President) has the power to remove or suspend any person
occupying the office of the Chief of Nigeria being the appointing authority.
“As at January 25, 2019 the order
of the Code of Conduct Tribunal also directed the 5th defendant to swear in the
most senior Justice of the Supreme Court as the Acting Chief Justice of
Nigeria.
“It was pursuant to the said
order of the Code of Conduct Tribunal that the 5th defendant appointed the 3rd
defendant as the Acting Chief Justice of Nigeria.
“In the circumstance, I know as a
fact there was no need for a recommendation of the 2nd defendant (FJSC) to the
1st defendant (NJC) or of the 1st defendant to the 5th defendant (Buhari)
before the erstwhile Chief Justice of Nigeria could be suspended from office.
“There was also no need for the
5th defendant to approach the 7th defendant for support by majority of
two-third votes, before the erstwhile Chief Justice of Nigeria could be
suspended from office.
“The 5th defendant followed due
process of law in the appointment of the 3rd defendant as the Acting Chief
Justice of Nigeria”, adding that “there has not been any negative impact on the
Nigerian Judiciary as there is renewed belief by the common man in the
Judiciary as his last hope.”
When the case was mentioned on
Monday, Justice Inyang Ekwo directed parties to file all necessary processes
and adjourned till June 7, 2019 for hearing.
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