The National Movement For Positive Change condemns the Suspension of the Chief Justice Nigeria
On 25 January 2019 the President of the Federal Republic of Nigeria Muhammadu Buhari suspended the Chief Justice of Nigeria (CJN), Justice Walter Nkannu Samuel Onnoghen from office. The president made reference to the recommendation of the Code of Conduct Tribunal (CCT) ex parte Order made and dated 23 January 2019. The president asserted that the ex parte Order by the CCT was to suspend the CJN pending the outcome of the trial regarding the allegation of non-disclosure of assets and tracing of some money to the personal account of the CJN.
It was an accelerated court trial of the CJN, in that the Code of Conduct Bureau (CCB) received the petition on 7 January 2019 and by 14 January 2019, charges have been filed against the CJN and he was arraigned. The lawyers for the CJN challenged the jurisdiction of the court and filed a pre-emptive application at the Court of Appeal to stop the trial of the CJN with CCT. The court of Appeal ordered the immediate suspension of the Trial.
However, the president maintained that he has received recommendation from the CCT to suspend the judge pending the conclusion of the trial. He therefore ordered the Suspension of the CJN and sworn in acting CJN by name Tanko Mohammed. On the 26 of January 2018 the Acting CJN inaugurated 250 members of Election Petition Tribunal.
Section 292 (1)(a)(i) of the constitution of Nigeria 1999 clearly stated that the CJN can not be removed from his office or appointment before his retirement age except by the President, acting on an address supported by two thirds majority of the Senate. Unless the NJC, by virtue of paragraph 21(b) of Part 1 of Third Schedule to the constitution of the Federal Republic of Nigeria, 1999,(as amended) recommends to the President the removal from office of certain category of judicial officers including the CJN.
Section 18, part 1 of the Fifth Schedule to the Constitution defines the power of CCT. In any event the constitution did not confer power on the CCT to order or recommend to the Executive Branch of Government to suspend a public officer who is undergoing trial before it, from office pending the conclusion of trial.
We of the MMPC having consulted the constitution also asked ourselves this Four questions:
1. Will the suspension be an interference by the Executive with the exercise of his power over the Judiciary and whether the president have such unilateral power over the CJN ?
2.Will such interference have such gravity so as to potentially engage the constitution and particularly section 292 of the constitution,?
3. If so is such interference in accordance with section 292 of the constitution?
4. If so is such interference necessary in a democratic society, in the interest of national security , Public Safety or the Economic well being of the country for the prevention of disorder or crime?
The suspension of the Executive definitely will be an unlawful interference by the president on exercising power over the Judiciary and thereby upsetting the doctrine of Separation of powers and independence of the judiciary.
The interference has such gravity to potentially engage the constitution and create constitutional crisis in the country.
The interference is not in accordance with the constitution ;
And the interference is not necessary in a democratic society and not in the interest of national security,public safety or the Economic well being of the country for the prevention of disorder or crime .
We therefore declare the suspension of the CJN unconstitutional and unlawful.
For the sake of completeness our condemnation of the act of the president is not akin to exoneration of the CJN from the allegation against him but due process must be followed .
The doctrine of Separation of power is the foundation of democracy.
SIGNED:
Barrister Niyi Aborisade,
President, National Movement for Positive Change (NMPC)
