On Friday, President Muhammadu
Buhari took an unprecendent move when he suspended Walter Onnoghen as chief
justice of Nigeria (CJN) over his ongoing trial at the Code of Conduct Tribunal
(CCT).
The president said Onnoghen’s
removal followed the ruling of the Code of Conduct Tribunal (CCT) which ordered
that he should be suspended and replaced with his second-in-command.
But the big question on the lips
of many remains: does the president have the power to suspend a CJN?
Checks showed that while the
constitution provides what is required for the CJN to be removed, it was mute
on his suspension from office.
The section 157 reads: “(1)
Subject to the provisions of subsection (3) of this section, a person holding
any of the offices to which this section applies may only be removed from that
office by the President acting on an address supported by two-thirds majority
of the Senate praying that he be so removed for inability to discharge the
functions of the office (whether arising from infirmity of mind or body or any
other cause) or for misconduct.
“(2) This section applies to the
offices of the Chairman and members of the Code of Conduct Bureau, the Federal
Civil Service Commission, the Independent National Electoral Commission, the
National Judicial Council, the Federal Judicial Service Commission, the Federal
Character Commission, the Nigeria Police Council, the National Population
Commission, the Revenue Mobilisation Allocation and Fiscal Commission and the
Police Service Commission.”
Further down in section 292, the
constitution points out that such address could result from contravention of
the code of conduct, which Onnoghen has been accused of.
That section reads: “(1) A
judicial officer shall not be removed from his office or appointment before his
age of retirement except in the following circumstances – (a) in the case of –
(i) Chief Justice of Nigeria, President of the Court of Appeal, Chief Judge of
the Federal High Court, Chief Judge of the High Court of the Federal Capital
Territory, Abuja, Grand Kadi of the Sharia Court of Appeal of the Federal
Capital Territory, Abuja and President, Customary Court of Appeal of the
Federal Capital Territory, Abuja, by the President acting on an address
supported by two-thirds majority of the Senate.
“(ii) Chief Judge of a State,
Grand Kadi of a Sharia Court of Appeal or President of a Customary Court of
Appeal of a State, by the Governor acting on an address supported by two-thirds
majority of the House of Assembly of the State, praying that he be so removed
for his inability to discharge the functions of his office or appointment
(whether arising from infirmity of mind or of body) or for misconduct or
contravention of the Code of Conduct.”
Moreover, while it did not say
whether the CJN can also be removed on the order of a court – the CCT in this
case, the interpretation act, chapter 192, seems to also empower the president
to remove who he has appointed.
Section 11 of the act states:
“Where an enactment confers a power to appoint a person either to an office or
to exercise any function, whether for a specified period or not, the power
includes: a. power to appoint a person by name or to appoint the holder from
time to time in a particular office, b. power to remove or suspend him, c.
power to reappoint or reinstate him; to appoint a person to act in his place,
either generally or in regard to specified functions.”
WHERE DOES THE NJC COME IN?
The power to discipline judges is
vested in the National Judicial Council (NJC). Section 158 (1) of the
constitution says: “In exercising its power to make appointments or to exercise
disciplinary control over persons, the Code of Conduct Bureau, the National
Judicial Council, the Federal Civil Service Commission, the Federal Judicial
Service Commission, the Revenue Mobilisation and Fiscal Commission, the Federal
Character Commission, and the Independent National Electoral Commission shall
not be subject to the direction or control of any other authority or person.”
Suspension is part of
disciplinary measures against a judge.
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