The Centre for Social Justice (CSJ) has expressed regret on what it called the unconstitutional and illegal suspension of the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen by President Muhammadu Buhari.
The Lead Director of the centre, Eze Onyekpere, said, in a statement on Saturday in Abuja, that the President’s action is an assault of incalculable proportions on constitutionalism, democracy, the rule of law and the right of majority of Nigerians to freedom from tyranny, oppression and bondage.
According to him, while there has been an attempt to arraign Justice Onnogehn before the Code of Conduct Tribunal, the embattled Justice Onnoghen has followed due process by responding to the charge with a challenge to the jurisdiction of the Code of Conduct Tribunal (CCT) in view of recent decisions of the Superior Courts on the process and procedure for bringing judicial officers to answer for criminal charges.
He said the Court of Appeal had stayed proceedings in the CCT matter pending the determination of the motion on notice.
“It is clear from the Constitution of the Federal Republic of Nigeria 1999 (as amended) that there are two pathways for the removal of the Chief Justice of Nigeria. By section 292 (1), it is to be done by the President acting upon an address supported by two thirds majority of the Senate praying that he be so removed for his inability to discharge the functions of his office whether arising from infirmity of mind or body or for misconduct or for contravention of the Code of Conduct.
‘The second is under the Third Schedule Part 1, section 21 (b) where the National Judicial Council is vested with power to recommend to the President the removal from office of the Chief Justice of Nigeria. The President did not follow any of these procedures in the removal of the CJN. Also, in no section of the Constitution is the term suspension of the CJN mentioned.
“The President purports to have acted on a ruling of the Code of Conduct Tribunal; the Tribunal only comes to a decision of disqualifying public officers from holding office for a period not exceeding ten years after determining a case on its merits.
“It is the worst form of abuse of process for the CCT to issue an order ex-parte to ask for the removal of the CJN at a time the parties to the charge are already before the Tribunal.
“This is also coming at a time the jurisdiction of the Tribunal has been challenged and the issue of jurisdiction which is foundational to the sustenance of the charge has not even been argued nor resolved,” Onyekpere said.
He said it is clear that President Muhammadu Buhari acted illegally and ultra vire his powers adding that such suspension is null and void and of no effect in law.
He also said that the purported swearing in of an acting CJN is also void and of no effect.
The President, Onyekpere said, therefore has only one course of action open to him; to reverse his illegality and apologize to Nigerians.
He added that if the President insists that he is right in his action, he has simply announced a coup against the people and the Constitution by establishing a new legal order which takes its authority from the manifestation of violence, barbarism and might is right.
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