President’s action impeachable, say senior lawyers

Senior lawyers in the country have described the suspension of the Chief Justice of Nigeria (CJN) Justice Walter Onnoghen and the inauguration of Justice Tanko Muhammad as the Acting CJN as an attack on the county’s constitutional democracy.

A constitutional lawyer, Mike Ozekhome (SAN), described the suspension of Justice Walter Onnoghen as illegal and unconstitutional.

Ozekhome in a statement yesterday said the provisions of the constitution on appointment and removal of the Chief Justice of Nigeria (CJN) was clear and was not followed by President Muhammadu Buhari.

He also said Nigerian lawyers and the NBA (Nigeria Bar Association) should shut down all courts in Nigeria until the CJN is returned to his seat. He said the National Assembly should also shut down in protest.

Reacting to the development, Prof. Auwalu Yadudu (SAN) said it is troubling that the president has exercised the “powers he does not have under the constitution.”

Also speaking, Prof Akinseye George (SAN) described the action of the president as an impeachable offence and advised him to immediately reverse himself or face a total shutdown of the courts in the country by the Nigeria Bar Association (NBA).

Abeny Mohammed (SAN) described the action of the president as the “height of illegality”, adding that the fact of the issue of the CJN’s assets declaration now pending at various courts, including the Court of Appeal, has made it subjudice.

O.C.J. Okocha (SAN) said the process of the removal of the CJN is by recommendation of the NJC followed by an address by the President to the Senate, which will require two-thirds majority vote to remove the CJN.

Barrister E.M.D. Umukoro said the president’s advisers may have acted on the provision of Section 231(4) of the Constitution which gives conditions under which a new CJN can be appointed.