{"id":5327,"date":"2019-01-28T00:08:26","date_gmt":"2019-01-28T00:08:26","guid":{"rendered":"http:\/\/nigeriastandardnewspaper.com\/ng\/?p=5327"},"modified":"2019-01-28T00:08:26","modified_gmt":"2019-01-28T00:08:26","slug":"chief-justice-of-nigerias-suspension-nigeria-is-sliding-into-a-tyranny-state-european-union","status":"publish","type":"post","link":"https:\/\/nigeriastandardnewspaper.com\/a\/chief-justice-of-nigerias-suspension-nigeria-is-sliding-into-a-tyranny-state-european-union\/","title":{"rendered":"CHIEF JUSTICE OF NIGERIA’S SUSPENSION: ‘NIGERIA is sliding into a Tyranny State’ -EUROPEAN Union……’My Administration is fighting corruption in Justice Walter Onnoghen’s infamous activities. He’s alleged to have breached Code of Conduct for Public Officers’-President BUHARI"},"content":{"rendered":"\n

CHIEF JUSTICE OF NIGERIA’S\nSUSPENSION:<\/strong><\/p>\n\n\n\n

‘NIGERIA\nis sliding into a Tyranny State’\n-EUROPEAN Union<\/strong><\/p>\n\n\n\n

…’My\nAdministration is fighting corruption in Justice Walter Onnoghen’s\ninfamous activities. He’s alleged to have breached <\/strong>Code\nof Conduct for Public Officers’-President\nBUHARI <\/strong>\n<\/p>\n\n\n\n

* ‘Buhari\nthrows Nigerian into chaos weeks into election’-Cables News\nNetwork<\/strong><\/p>\n\n\n\n

*\n‘Buhari is an anarchist in a civil garb, a dictator baring his\nfangs’-PUNCH Newspaper Editorial Board<\/strong><\/p>\n\n\n\n

*\n‘Suspension\nof the Chief Justice of Nigeria, Hon. Justice Onnoghen by President\nBuhari is an action capable of undermining the nation\u2019s judiciary,\nsubverting the Constitution, intimidating judges, and creating\nuncertainty in the electoral process’-Nigeria’s\nSenate President, Bukola Saraki <\/strong>\n<\/p>\n\n\n\n

*\n‘This<\/strong>\nbrazen dictatorial act is the latest action in the ongoing rape of\nour nation\u2019s hard earned democracy by those who dined with\nanti-democratic forces, & is symptomatic of the increasing\ndesperation that <\/strong>@MBuhari<\/strong><\/a>&\nthe cabal pulling the strings have as Feb 16, 2019 draws near’<\/strong>\n-Nigeria’s main opposition, ATIKU Abubakar<\/strong><\/p>\n\n\n\n

BY\nWUNMI OLAYEMI\/POLITICAL REPORTER, ABUJA & JOHN\nACHUDEBU\/DIPLOMATIC WRITER, LAGOS<\/strong><\/p>\n\n\n\n

“The\ndecision to suspend the Chief Justice has led to many Nigerians,\nincluding lawyers and civil society observer groups, to question\nwhether due process was followed. The timing, just before the\nswearing in of justices for Electoral Tribunals and the hearing of\nelection-related cases, has also raised concerns about the\nopportunity for electoral justice. When democracy comes under this\nkind of virulent attack, then the election itself becomes\nsuperfluous,” a spokeswoman for the\nEU’s Election Observation Mission said in a statement. <\/strong>\n<\/p>\n\n\n\n

Civil\nsociety bodies, Western nations believe Buhari’s move is synonymous\nto tyrannical and unconstitutional behavior unbecoming of a\ndemocratic leader which intimidates the independence of judiciary. <\/strong>\n<\/p>\n\n\n\n

Buhari\ndefended his decision on Twitter, saying corruption allegations\nagainst Chief Justice Walter Onnoghen — who has been accused of\nfailing to disclose bank accounts in foreign currencies — are\n“grievous.”<\/strong><\/p>\n\n\n\n

But\nthe move was labelled a “coup against democracy” by the\nPresident of the Nigerian Senate, and prompted an outcry from the\ncountry’s major opposition party, which halted its presidential\nelection campaign in protest. Describing the action as a “dangerous\nand brazen assault on the constitution,” the Campaign Council of\nthe opposition People’s Democratic Party (PDP) said Friday that there\nwas no point in campaigning in an election whose basis has been so\nflagrantly undermined.<\/strong><\/p>\n\n\n\n

Buhari\nis seeking a second term as president in next month’s elections, but\nhis party has been accused of vote-buying by political opponents. As\nthe country’s top judge, Onnoghen would have ruled on any legal\nchallenge to the election.<\/strong><\/p>\n\n\n\n

That\npotential responsibility would now fall to Ibrahim Tanko Muhammad,\nwhom Buhari swore in as acting Chief Justice of Nigeria (CJN)\nfollowing his suspension of Onnoghen. The European Union (UN), which\nhad been asked to observe the elections by the National Electoral\nCommission, said it was “very concerned” by the judge’s\nsuspension.<\/strong><\/p>\n\n\n\n

“The\ndecision to suspend the Chief Justice has led to many Nigerians,\nincluding lawyers and civil society observer groups, to question\nwhether due process was followed. The timing, just before the\nswearing in of justices for Electoral Tribunals and the hearing of\nelection-related cases, has also raised concerns about the\nopportunity for electoral justice,” a spokeswoman for the EU’s\nElection Observation Mission said in a statement. Next month’s\nelection is seen by many as a two-horse race between Buhari and\nAbubakar<\/strong><\/p>\n\n\n\n

Meanwhile\nin a statement from the United States government, it challenges the\nneutrality of President Buhari to conduct a free, fair, peaceful and\ncredible election. In a statement challenging the suspension and\nreplacement of the Chief Justice, it reads:\n\u201cThe Embassy of the United States is deeply concerned by the impact\nof the executive branch\u2019s decision to suspend and replace the Chief\nJustice and head of the judicial branch without the support of the\nlegislative branch on the eve of national and state elections. We\nnote widespread Nigerian criticism that this decision is\nunconstitutional and that it undermines the independence of the\njudicial branch. <\/strong>\n<\/p>\n\n\n\n

\u201cThat\nundercuts the stated determination of government, candidates, and\npolitical party leaders to ensure that the elections proceed in a way\nthat is free, fair, transparent, and peaceful \u2013 leading to a\ncredible result. We urge that the issues raised by this decision be\nresolved swiftly and peacefully in accordance with due process, full\nrespect for the rule of law, and the spirit of the Constitution of\nNigeria. Such action is needed urgently now to ensure that this\ndecision does not cast a pall over the electoral process.\u201d <\/strong>\n<\/p>\n\n\n\n

Reacting,\nNigeria’s main opposition in 2019 Presidential election, Alhaji Atiku\nAbubakar flagbearer of Peoples Democratic Party , PDP, described\nBuhari’s behavior as purely anti-democratic act, \u201c<\/strong>The\npurported suspension of the Chief Justice of Nigeria by President\nMuhammadu Buhari, is an anti-democratic act which I reject in its\nentirety and call on Justice Onnoghen and the judiciary to resist\nwith every legal and constitutional means that they can muster. This\nbrazen dictatorial act is the latest action in the ongoing rape of\nour nation\u2019s hard earned democracy by those who dined with\nanti-democratic forces, & is symptomatic of the increasing\ndesperation that <\/strong>@MBuhari<\/strong><\/a>\n& the cabal pulling the strings have as Feb 16, 2019 draws near,’\nexplain Atiku <\/strong>\n<\/p>\n\n\n\n

Nigerian\nSenate President, Bukola Saraki chides BUHARI for deliberately\nviolating the independence of the judiciary, as he said: \u201cSuspension\nof the Chief Justice of Nigeria, Hon. Justice Onnoghen by President\nBuhari is an action capable of undermining the nation\u2019s judiciary,\nsubverting the Constitution, intimidating judges, and creating\nuncertainty in the electoral process.\u201d<\/strong><\/p>\n\n\n\n

PUNCH\nEDITORIAL BOARD Slams BUHARI: <\/strong>\n<\/p>\n\n\n\n

The\nPUNCH Newspaper Editorial Board heaped blame on Buhari for\nunconstitutional behaviors. It reads: \u201cPresident Muhammadu Buhari\nsurrendered all pretence to the rule of law and constitutional\ndemocracy by sacking the Chief Justice of Nigeria, Walter Onnoghen.\nUnilaterally and in flagrant violation of the Constitution, he also\nswore in Tanko Muhammad as the new acting CJN. By this act, the\nPresident has precipitated needless confusion in the polity. A\nshocking action, it will aggravate tension ahead of the general\nelection in February and March. This poses a great peril to our\ndemocracy.<\/strong><\/p>\n\n\n\n

Though\nthe President defended his action by citing an order from the Code of\nConduct Tribunal directing Onnoghen\u2019s suspension, his action is\nakin to a coup \u2013 a judicial coup in this case. In a subtle way, the\nPresident has suspended in part an integral part of the judiciary by\nillegally intimidating its highest symbol and shamefully deposing\nhim. This undemocratic and high-handed approach advertises Buhari as\nan anarchist in a civil garb.\u201d<\/strong><\/p>\n\n\n\n

Onnoghen\u2019s\ntravails began late in 2016. His substantive elevation as the CJN\nsuffered delay by the Buhari government to the bewilderment of the\npublic. Early in 2017, he was eventually nominated by Vice-President\nYemi Osinbajo, who was then the Acting President and was sworn into\noffice in March (2017). But the real signs of trouble blew open on\nJanuary 7 when a civil society group, the Anti-Corruption and\nResearch Based Data Initiative, filed a petition with the Code of\nConduct Bureau, accusing Onnoghen of corruption and false declaration\nof assets. <\/strong>\n<\/p>\n\n\n\n

The\nCCT immediately took over from there, commencing the trial of the\nCJN. Initially, the Buhari Presidency denied having anything to do\nwith his arraignment. In spite of criticism that the move against\nOnnoghen did not follow laid-down rules the trial proceeded with\nunusual speed. But on Thursday, the Court of Appeal, Abuja Division,\nin its ruling, ordered the CCT to stay action, pending the\ndetermination of Onnoghen\u2019s application that the CCT had no power\nto try him. Before his suspension, Onnoghen was due to swear in\nmembers of the National Assembly, governorship and state assembly\nelection petition tribunals. No\nmatter how grave the allegations levelled against the CJN, the Buhari\ngovernment cannot resort to self-help in addressing the matter, much\nagainst the position of the 1999 Constitution. In the Third Schedule,\nPart 1, the constitution expressly states the procedure that should\nbe followed in removing the CJN. <\/strong>\n<\/p>\n\n\n\n

The\nprocess is initiated by the National Judicial Council. According to\nThird Schedule, Part 1, Section 21 (b), \u201cThe NJC shall have power\nto recommend to the President the removal from office of the judicial\nofficers specified in sub-paragraph (a) of this paragraph, and to\nexercise disciplinary control over such officers.\u201d The officers\nlisted therein are the CJN, Justices of the Supreme Court, the\nPresident and Justices of the Court of Appeal; the Chief Judge and\nJudges of the Federal High Court. <\/strong>\n<\/p>\n\n\n\n

CNN\nResponse:<\/strong><\/p>\n\n\n\n

For\nCables News Network, CNN, it explained that \u201c”President Buhari\nhas sent a dangerous signal to the entire world that Nigeria is no\nlonger a democratic nation and that we have returned to the old,\njaded era of military dictatorship,” Senate President Bukola\nSaraki said in a statement, adding that he has “precipitated a\nconstitutional crisis.” <\/strong>\n<\/p>\n\n\n\n

BUHARI\nREACTS:<\/strong><\/p>\n\n\n\n

Not\nleaving anything to chances, Buhari in a press read-out on why\nsuspended the Chief Justice of Nigeria, he said, \u201c A\nshort while ago, I was served with an Order of the Code of Conduct\nTribunal issued on Wednesday 23rd January 2019, directing the\nsuspension of the Chief Justice of Nigeria, Honourable Justice Walter\nNkanu Samuel Onnoghen from office pending final determination of the\ncases against him at the Code of Conduct Tribunal and several other\nfora relating to his alleged breach of the Code of Conduct for Public\nOfficers. <\/strong>\n<\/p>\n\n\n\n

The\nnation has been gripped by the tragic realities of no less a\npersonality than the Chief Justice of Nigeria himself becoming the\naccused person in a corruption trial since details of the petition\nagainst him by a Civil Society Organization first became public about\na fortnight ago.<\/strong><\/p>\n\n\n\n

3.\nAlthough the allegations in the petition are grievous enough in\nthemselves, the security agencies have since then traced other\nsuspicious transactions running into millions of dollars to the CJN\u2019s\npersonal accounts, all undeclared or improperly declared as required\nby law.<\/strong><\/p>\n\n\n\n

4.\nPerhaps more worrisome is the Chief Justice of Nigeria\u2019s own\nwritten admission to the charges that he indeed failed to follow the\nspirit and letter of the law in declaring his assets, citing\n\u2019\u2019mistake\u2019\u2019 and \u2019\u2019forgetfulness\u2019\u2019 which are totally\nunknown to our laws as defences in the circumstances of his case. <\/strong>\n<\/p>\n\n\n\n

5.\nOne expected that with his moral authority so wounded, by these\nserious charges of corruption, more so by his own written admission,\nMr. Justice Walter Onnoghen would have acted swiftly to spare our\nJudicial Arm further disrepute by removing himself from\nsuperintending over it while his trial lasted.<\/strong><\/p>\n\n\n\n

  1. Unfortunately,\n\the has not done so. Instead, the nation has been treated to the\n\tsordid spectacle of a judicial game of wits in which the Chief\n\tJustice of Nigeria and his legal team have made nonsense of the\n\tefforts of the Code of Conduct Tribunal to hear the allegation on\n\tmerit and conclude the trial as quickly as possible considering the\n\tnature of the times in which we live.<\/strong>\n\t7.\n\tWhether deliberately or inadvertently, we have all seen the full\n\tweight of the Chief Justice of Nigeria descend on the tender head of\n\tone of the organs of justice under his control. There is simply no\n\tway the officers of that court, from the Chairman to the bailiffs,\n\tcan pretend to be unaffected by the influence of the leader of the\n\tJudiciary. <\/strong>\n\t\n\t8.\n\tNot only the trial court, but others have been put on the spot.\n\tPractically every other day since his trial commenced, the nation\n\thas witnessed various courts granting orders and counter-orders in\n\tfavour of the Chief Justice of Nigeria, all of them characterised by\n\tan unholy alacrity between the time of filing, hearing and delivery\n\tof judgment in same. <\/strong>\n\t\n\t9.\n\tThe real effect has been a stalling of the trial of Justice\n\tOnnoghen, helped along by lawyers who insist that these orders,\n\twhether right or wrong are technically valid, and must be obeyed\n\ttill an appellate Court says otherwise. No doubt that it is the\n\tproper interpretation, but is it right disposition for our nation?. <\/strong>\n\t\n\t10.\n\tNigeria is a constitutional democracy and no one must be, or be seen\n\tto be, above the law. Unfortunately, the drama around the trial of\n\tthe Chief Justice of Nigeria has challenged that pillar of justice\n\tin the perception of the ordinary man on the street. For it is\n\tcertain that no ordinary Nigerian can get the swift and special\n\ttreatment Justice Onnoghen has enjoyed from his subordinates and\n\tprivies in our Judicature. <\/strong>\n\t\n\t11.\n\tIn the midst of all these distracting events, the essential question\n\tof whether the accused CJN actually has a case to answer has been\n\tlost in the squabble over the form and nature of his trial. This\n\tshould not be so. <\/strong>\n\t\n\t12.\n\tIf Justice cannot be done and clearly seen to be done, society\n\titself is at risk of the most unimaginable chaos. As a Government,\n\twe cannot stand by wailing and wringing our hands helplessly but\n\tgive our full backing and support to those brave elements within the\n\tJudiciary who act forthrightly, irrespective of who is involved. <\/strong>\n\t\n\t13.\n\tAs you are all aware, the fight against corruption is one of the\n\ttripod of policies promised to Nigerians by this administration.\n\tNeedless to say that it is an existential Policy which must be given\n\tadequate attention and commitment by all the three arms of\n\tgovernment. The efforts of the Executive will amount to nothing\n\twithout the cooperation of the Legislature and especially the\n\tJudiciary. 14. It is no secret that this government is dissatisfied\n\twith the alarming rate in which the Supreme Court of Nigeria under\n\tthe oversight of Justice Walter Onnoghen has serially set free,\n\tpersons accused of the most dire acts of corruption, often on mere\n\ttechnicalities, and after quite a number of them have. <\/strong>\n\t\n<\/li><\/ol>\n\n\n\n
    \"\"
    President Muhammadu Buhari <\/figcaption><\/figure>\n","protected":false},"excerpt":{"rendered":"

    CHIEF JUSTICE OF NIGERIA’S SUSPENSION: ‘NIGERIA is sliding into a Tyranny State’ -EUROPEAN Union …’My Administration is fighting corruption in Justice Walter Onnoghen’s infamous activities. He’s alleged to have breached Code of Conduct for Public Officers’-President BUHARI * ‘Buhari throws Nigerian into chaos weeks into election’-Cables News Network * ‘Buhari is an anarchist in a […]<\/p>\n","protected":false},"author":2,"featured_media":5328,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[102],"tags":[129,130],"class_list":{"0":"post-5327","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-nigeria","8":"tag-africa","9":"tag-nigeria-2"},"_links":{"self":[{"href":"https:\/\/nigeriastandardnewspaper.com\/a\/wp-json\/wp\/v2\/posts\/5327","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/nigeriastandardnewspaper.com\/a\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/nigeriastandardnewspaper.com\/a\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/nigeriastandardnewspaper.com\/a\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/nigeriastandardnewspaper.com\/a\/wp-json\/wp\/v2\/comments?post=5327"}],"version-history":[{"count":0,"href":"https:\/\/nigeriastandardnewspaper.com\/a\/wp-json\/wp\/v2\/posts\/5327\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/nigeriastandardnewspaper.com\/a\/wp-json\/wp\/v2\/media\/5328"}],"wp:attachment":[{"href":"https:\/\/nigeriastandardnewspaper.com\/a\/wp-json\/wp\/v2\/media?parent=5327"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/nigeriastandardnewspaper.com\/a\/wp-json\/wp\/v2\/categories?post=5327"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/nigeriastandardnewspaper.com\/a\/wp-json\/wp\/v2\/tags?post=5327"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}