South-south govs, Dogara, Falana, others kick

The South-South Governors Forum,House of Representatives Speaker YakubuDogara and Lagos lawyer/ human rights activist,Mr.Femi Falana (SAN) yesterday joined the long list of critics kicking over Friday’s suspension of Justice Walter Onnoghen as Chief Justice of Nigeria (CJN).

The South-south Governors Forum described Onnoghen’s suspension as a sad commentary on Nigeria’s democracy while Speaker Dogara  said the action was  a  notice that Nigeria is “now a full-blown dictatorship.”

For Governor NyesomWike of Rivers State the federal government has, by suspending Onnoghen, hijacked the judiciary for political gains while Falana berated government for allegedly bypassing due process in handling the issue.

Chairman of the South-south Governors Forum and Bayelsa State Governor,Seriake Dickson, said the action of President Muhammadu Buhari was inimical to the desired stability of the nation and critical institutions of state.

“It is a very sad day, for our nation’s democracy and for the stability of our nation, and the stability of the critical national institution of which the judiciary is primus inter pares,” he said.

“We must be concerned about the process, the integrity of the national critical institutions that will safeguard and reinforce our democracy, seeing our democracy has come under very severe stress and test by what has happened today”.

He stressed that while the courts would make pronouncement on the legality or otherwise on the development around the CJN, he personally found the action condemnable

“Is this action legal? I am sure the courts are there to make pronouncements on it one way or the other. However I have my views, and clearly I condemn it”, he said,

He emphasized the need for due process and adherence to constitutional provisions, stressing that countries are governed according to laws and mutual respect among the political class.

The governor said there must be respect for processes in the Independent National Electoral Commission (INEC) and the security agencies.

He said: “We should stop demonizing, criminalizing one another, because it takes Nigerians to build Nigeria. We cannot demonize all Nigerians and expect to be a great nation or to be taken seriously anywhere.

“And I believe essentially that whereas there are serious issues to be dealt with, we are essentially a good and decent people and a great nation potentially.”

Buhari has hijacked the judiciary for political gains, says Wike.

The governor of Rivers State branded the suspension  of the CJN as the conclusion of Federal Government’s  hijack of the judiciary.

Receiving a delegation of the National Executive Committee of the International Federation of Women Lawyers (FIDA) Nigeria at the Government House, Port Harcourt, yesterday,Wike said:”This unconstitutional action of the President has several negative ramifications.  A governor who hates his State Chief Judge can concoct a petition and unilaterally remove him.

“The whole thing is because APC has crisis in Rivers State.  Just because of that,   you destroy the whole institution.  They want another CJN that will upturn everything . These are the type of actions that generate insecurity “, he said.

He stressed that if the removal of the CJN succeeds, Nigerians should bid credible polls farewell as the Federal Government can unilaterally sack the National Chairman of INEC over any flimsy excuse.

 Dogara:It’s a notice that we now have a full blown dictatorship

House of Representatives Speaker, Yakubu Dogara, in a statement on his official Twitter handle said: “With the unconstitutional suspension of the Chief Justice of Nigeria (CJN) by President Muhammadu Buhari, the world has been served notice that Nigeria is now a full-blown dictatorship.

“We have watched in disbelief as the government recklessly deploys institutional prerogatives; routinely flouts the rule of law; subverts and assaults democratic institutions; refuses to accept opponents as legitimate; suppresses citizens civil liberties(especially those of opponents) and trample underfoot the media. In short, the government’s tyrannical and authoritarian credentials are loathsomely legendary.

“No provision in Sections 157 and 292 of the 1999 Constitution as amended supports the President in purporting to suspend the CJN or swearing in an acting CJN. The whole idea of a limited government is that the President’s powers is limited by law and it is ultra vires his powers to act in the absence of explicit legislative authorization. That is representative democracy at its best which our 1999 Constitution as amended guarantees.

“It is instructive to note that our Constitution does not contemplate or presupposes a situation whereby the Judiciary will have a suspended CJN and Acting CJN at the same time. Therefore, it is right to posit, as some have done, that the President now has his own Chief Judge to do his bidding while Nigeria has a sitting CJN until he is removed in line with the provisions of the Constitution.”

Dogara asked President Buhari to reverse the suspension and follow “the manifestly clear and unambiguous constitutional procedure for the removal of the CJN if he must be removed. Anything short of this demeans all of us.”

 Falana: Govt. should withdraw charges against Onnoghen, take due process

Mr.Femi Falanain his reaction yesterday said: “I have had cause to call on the Attorney-General of the Federation,  Mr. AbubakarMalami(SAN) to withdraw the charge of false declaration of assets filed against the Chief Justice of Nigeria, Justice Walter Onnoghen  at the Code of Conduct Tribunal. The call was without prejudice to the merit of the serious allegations levelled against the Chief Justice.

“In line with decided judicial authorities,I had wanted the National Judicial Council to investigate the allegations. Unfortunately, the 88th statutory meeting of the National Judicial Council scheduled to hold on January 15, 2019, which could have deliberated on the matter and take an informed position, was postponed indefinitely on the directive of the embattled Chief Justice.

“As the battle shifted to the courts, both the Judiciary and the Executive were shopping for court orders from the Federal High Court, the National Industrial Court, the Code of Conduct Tribunal and the Court of Appeal. In the process, settled principles of law were sacrificed for the exigency of the moment.

 “Thus, at the 15th annual GaniFawehinmi lecture which held in Lagos on January 15, 2019, I was compelled to warn against the dangerous trend. Regrettably, the warning fell on deaf ears. “Curiously, in an act of brazen impunity, the Executive procured an ex parte order from the Code of Conduct Tribunal for the immediate suspension of the Chief Justice from office.

“In his purported compliance with the ex parte order, President MohammaduBuhari has announced the suspension of Justice Onnoghen as the Chief Justice and appointed Justice Tanko Mohammad as the Acting Chief Justice.

  “Notwithstanding the inauguration of Justice Tanko Mohammad as the Acting Chief Justice, the legal profession should not hesitate to review the entire Onnoghen saga in the interest of the nation’s judiciary. In Elelu-Habeeb (2012) 1 WRN,  the Supreme Court held that by virtue of section 292 of the Constitution, the heads of the judicial arms of the state and federal governments in the country cannot be removed without a prior investigation conducted by the NJC. Consequently, the apex court set aside the purported removal of the appellant as the Chief Judge of Kwara State upon an address forwarded to the House of Assembly by former Governor BukolaSaraki. Therefore, the National Judicial Council should convene and constitute a committee to investigate the allegations leveled against the Chief Justice and make appropriate recommendation to the relevant authorities.

 “Meanwhile, the legal team of the Chief Justice should proceed to challenge his suspension from office either at the Code of Conduct Tribunal or the Court of Appeal. Despite the gravity of the allegations levelled against the Chief Justice, the illegality of the suspension should not be allowed to stand. The ex parte order is a suspect document as the motion ex parte on which it was predicated was allegedly filed on January 9, 2019 while the substantive charge against the Chief Justice was filed at the registry of the Code of Conduct Tribunal on January 11, 2019. Furthermore, the counsel who argued the motion is not indicated in the ex parte order. However, in view of President Buhari’s belated fidelity in the rule of law, the federal government should comply with all valid and subsisting orders of competent municipal and regional courts made against the federal government.”