The much-publicised reconvening of the Senate today over the suspension of the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen by President Muhammadu Buhari has been put on hold.
Instead of adopting parliamentary processes and procedures on the Onnoghen saga, the Upper House has opted for a judicial resolution of the crisis as it approached the Supreme Court for the determination of the propriety or impropriety of the action of the president in suspending the CJN.
The cancellation of the Senate resumption of plenary today was contained in a statement signed by the Clerk of Senate, Nelson Ayewoh.
He hinted that the resumption in plenary scheduled for today has been cancelled, but failed to give reasons for the action.
Ayewoh simply said: ‘’This is to inform all distinguished Senators of the National Assembly of the Federal Republic of Nigeria that the resumption in plenary scheduled for tomorrow, Tuesday, 29th January, 2019 has been cancelled.
‘’The scheduled date of resumption in plenary earlier fixed for Tuesday, 19th February, 2019, remains, please,’’ Ayewoh said.
But another statement issued by the Senate President, Bukola Saraki, explained that the session was shelved to avoid prejudicing the suit the “Senate has filed before the Supreme Court over Justice Onnoghen’s suspension.”
Saraki’s statement was signed by his special adviser (Media and Publicity), Yusuph Olaniyonu, who said: ‘’Earlier today (yesterday), the Senate filed a case in the highest court of the land, the Supreme Court, seeking its interpretation on whether President Muhammadu Buhari acted within the provisions of the constitution in his suspension of the Chief Justice of Nigeria (CJN), Hon. Justice Walter Nkannu Onnoghen or whether the action of the president does amount to the usurpation of the powers of the Senate as provided for in Section 292 of the 1999 Constitution (as amended).
‘’Following the filing of the case, the matter of the suspension of the CJN which is the main issue for which the Senate had planned to reconvene tomorrow (today), has become subjudiced.
‘’Therefore, in line with the Standing Rules of the Senate not to debate issues that are already pending before the court, the reconvening of the Senate tomorrow (today) has been put off. The previous adjournment of the Senate till February 19, 2019 stays,’’ he said.
In the suit marked SC.76/2019, the Senate asked the apex court to declare that the suspension of Onnoghen without a support of two-thirds majority of the members of the upper chamber was a violation of section 292(1)(a)(i) of the Constitution.
The suit also asked the apex court to issue an order restraining the two defendants in the suit – President Buhari and the Attorney-General of the Federation, Mr. Abubakar Malami – from continuing or repeating the violation of the Constitution and disregarding the power of the Senate in respect to the suspension of the CJN.
The three prayers sought by the Senate read, “A declaration that the suspension, by the President, of Hon. Justice Walter Samuel Nkanu Onnoghen from his office as Chief Justice of Nigeria on or about January 25, 2019, without an address calling for the removal, supported by two-thirds majority of the Senate is in violation of section 292(1)(a)(i) of the Constitution and therefore null and void.
“An order rescinding or setting aside the suspension of Hon. Justice Walter Samuel Nkanu Onnoghen from his office as Chief Justice of Nigeria and restoring him to the said office.
“An order restraining the defendants from continuing or repeating the violation of the Constitution of the Federal Republic of Nigeria and disregarding the powers of the Senate at the Federal Republic of Nigeria.”
The President had while announcing the suspension of Onnoghen, hinged his decision on an ex parte order made by two of the three members of the Code of Conduct Tribunal where Onnoghen had been charged with six counts of non-declaration of assets.
The CCT order had directed the CJN to step aside from office pending the conclusion of his trial and ordered the President to swear in the next most senior Justice of the Supreme Court, Justice Tanko Muhammad, as the acting CJN.
But the Senate, through its counsel, Mr. Paul Erokoro (SAN), in the suit, which was filed yesterday, faulted the President’s action.
It argued that the President could not, on the directive of the CCT, suspend the CJN without two-third majority of the Senate or appoint Muhammad as the Acting CJN without Senate’s confirmation.
The plaintiff submitted two questions for determination.
One of the questions is if having regard to section 292 and Part 1 of the Third Schedule to the Nigerian Constitution and section 21 of the Code of Conduct Bureau and Tribunal Act, the President could “suspend” or “prevent” the CJN from performing the functions of his office “on the directive of the Code of Conduct Tribunal or for any reason whatsoever, without an address supported by two-thirds majority of the Senate calling for the removal of the Chief Justice of Nigeria”.
The other question for determination read, “Having regard to section 231 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, and in particular, sub-sections (1) and (4) thereof, can the President of the Federal Republic of Nigeria appoint an acting Chief Justice of Nigeria when there is no vacancy in that office and when the substantive Chief Justice of Nigeria is fit and able to perform the functions of the office and without the recommendation of the National Council and confirmation of such appointment by the Senate.”
Mr. Sambo Idahi, A Legal Assistant in the Office of the Senate President, Bukola Saraki, in an affidavit filed in support of the suit, said he attended a meeting of the principal officers of the Senate held on January 25, 2019 when the issue of Onnoghen was extensively discussed.
He said the meeting discussed the CCT’s ex parte order, which the President anchored his action on, and swearing in of Justice Muhammad as the acting CJN.
According to Idahi, Saraki informed the meeting that he was not consulted on the matter and never received any request from the President or any order person or authority to debate the issue.
He added that Saraki said Buhari had never requested the Senate’s approval of Justice Muhammad as the Acting CJN.
The affidavit read in part, “On Friday the 25th day of January, 2019, at about 5: 40 pm, I was present at a meeting in the Senate Building attended by Principal Officers of the Senate, where the suspension of the Chief Justice of Nigeria was extensively discussed.
CCT Adjourns Onnoghen’s Trial Indefinitely
Also, in deference to the restraining order of the Appeal Court, the CCT has adjourned sine die (indefinitely) proceedings in the ongoing trial of Onnoghen.
CCT chairman, Justice Danladi Umar, in a ruling yesterday, said that he was minded to adjourn the case indefinitely because of his respect for the Court of Appeal.
The appellate court had on Thursday, January 24, 2019 ordered the federal government, the CCT and counsel for Onnoghen to stay action pending its ruling on January 30 on an application filed by the CJN challenging the order of the CCT on January 14, that motions filed by Onnoghen and the prosecution counsel be taken together on the same day.
At yesterday’s sitting, the prosecution counsel, Musa Ibrahim, informed the tribunal of the position of the appellate court on the matter.
Onnoghen’s counsel, Chief Kanu Agabi (SAN) confirmed the development, and consequently, sought for an indefinite adjournment of the proceedings. Ibrahim did not object to it.
In view of the position of the defence and prosecution counsel, Umar adjourned the case sine die.
I’ve Not Resigned – Onnoghen
As the crisis rages, Onnoghen, who is at the centre of the storm, has asked Nigerians to disregard media report of his resignation.
Through his media assistant, Awassam Bassey, Onnoghen said: “Mischief makers are still circulating this fake news; once again, no truth in it whatsoever. The CJN, Hon. Justice Walter Samuel Nkanu Onnoghen, has not resigned.”
President’s Action Not Dictatorial, Says FG
Meanwhile, the federal government has declared that the suspension of Onnoghen was in the overall interest of the country and does not suggest dictatorial tendency of the current administration.
The minister of Information and Culture, Alhaji Lai Mohammed, told journalist yesterday in Abuja that President Buhari has proven to be an avowed democrat and his administration stands firm on the rule of law.
Mohammed said that Onnoghen’s suspension has no link whatsoever with the forthcoming general election.
He said: “Today, I have called this press conference to set the records straight and redirect the discourse. Contrary to what the opposition and their ilk have been saying, this is not about the forthcoming elections; neither does the suspension of the CJN signalled the beginning of dictatorship. President Buhari is an avowed democrat, and this he has proven time and time again. This administration stands firm on the rule of law!
“This whole issue is about the country’s highest judicial officer, the chief justice of Nigeria, being accused of a breach of the code of conduct for public officers, and the legal and moral conundrum surrounding that. It is about the suspicious transactions running into millions of dollars to the suspended CJN’s personal accounts, all undeclared or improperly declared as required by law.
“It is about the Hon. Justice Onnoghen himself admitting to the charges that he indeed failed to follow the spirit and letter of the law in declaring his assets, calling it a ‘mistake’. And it is about him refusing to take responsibility, instead opting to put the entire judiciary on trial,” he said.
The minister noted that the suspended CJN was given an opportunity of fair hearing, but abused his position by filling frivolous applications to stall his trial.
“Please remember that Justice Onnoghen has been given the opportunity of fair hearing, but he has been abusing his position and the judicial process by filing frivolous applications and even dodging service of process,” he added.
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He however expressed regret that a section of the media has written several editorials but none has written in a perspective that shows understanding of the issue at hand.
He noted that the opposition, in its reaction, is guilty of engaging in hysteria and for overheating the polity. Conveniently, they have anchored their failed campaign for the 2019 elections on an issue that is totally unrelated to the election.
He further noted that the threat of mass action by some groups cannot undermine the course of justice, claiming that “more Nigerians are with us than are with them on this issue, going by the feelers that we are getting from across the country.”
Lawyers To Boycott Courts, 67 Political Parties Kick
Meanwhile, the Nigerian Bar Association (NBA) has declared a two-day boycott of the courts from today to protest the suspension of Onnoghen.
The NBA took the decision at its National Executive Council (NEC) meeting in Abuja, yesterday.
“The Nigerian Bar Association rising from her NEC meeting has decided to embark on a two-day warning boycott of courts all over Nigeria over the suspension of the Chief Justice of Nigeria by President Buhari,” the association said on yesterday evening.
Onnoghen is facing trial for alleged false asset declaration at the Code of Conduct Tribunal (CCT).
He was suspended from office last Friday by President Buhari on the order of the CCT.
A former NBA president, Chief Olisa Agbakoba (SAN), has added another dimension to the crisis by submitting a petition against the acting CJN, Justice Tanko Muhammad, who was appointed Buhari on Friday.
Agbakoba said that he submitted his petition to the National Judicial Council (NJC), asking it to determine the propriety of Justice Mohammed accepting to be sworn-in by Buhari in place of the suspended Onnoghen.
He argued that by submitting himself to the resident to be sworn-in as acting CJN, Justice Muhammad lent himself to constitutional infraction by the Executive arm of government.
Agbakoba recalled that Justice Muhammad was part of the NJC panel which sanctioned Justice Obisike Orji of Abia State for allowing himself to be sworn-in as Abia State Chief Judge by the state governor without the NJC’s recommendation.
He said: “It is a matter of regret that Justice Tanko Muhammad, who participated in this process, will lend himself to this constitutional infraction.
“We pray the NJC to determine this petition in line with the decision in Justice Obisike Orji by immediately removing Justice Tanko Muhammad as Justice of the Supreme Court on grounds of gross misconduct which has generated perhaps the most controversial crisis in Nigeria’s judicial history.”
This is even as sixty-seven political parties yesterday protested the suspension of Onnoghen by the federal government, describing it as “illegal, unconstitutional, null, void and of no effect.”
The parties, led by the PDP and Social Democratic Party (SDP), said like every other concerned stakeholder and Nigerian, they were disturbed by the illegal suspension of the CJN and the swearing in of an acting CJN, saying “both actions are illegal and foreign to our constitution.”
“The CJN, as a judicial officer, can only be removed from office by the president acting on an address supported by two thirds majority of the Senate for his inability to discharge the functions of his office or appointment or for misconduct or contravention of the code of conduct.
“Anything contrary to this procedure is unconstitutional and serves only to harm our democracy. Furthermore, the NJC has not recommended the suspension or removal of the CJN, neither has it exercised any disciplinary action against the CJN. Thus, the purported suspension of the CJN by President Buhari must fail”, the parties stated.
Acting CJN Reads Riot Act To Judges
The acting Chief Justice of Nigeria (CJN), Justice Ibrahim Tanko Muhammad has declared that the National Judicial Council (NJC) would not hesitate to sanction judges, who displayed “double standard” in adjudicating in election matters.
Muhammad also warned the Bench against granting “frivolous” injunctions to politicians, charging them to ensure that their administration of justice is not partisan.
At the opening of a two-day workshop organised yesterday in Abuja by the Independent National Electoral Commission (INEC) in collaboration with the European Centre for Electoral Support and the National Judicial Institute, Muhammad insisted that judges handling the election petitions must be upright by taking the training seriously.
Represented by the Court of Appeal president, Justice Zainab Adamu Bulkachuwa, the acting CJN asked the judges to guard their integrity.
He said: “You must guard your integrity and the integrity of the judiciary by avoiding acts that will bring you under the disciplinary jurisdiction of the National Judicial Council (NJC) as it will not hesitate to wield the big stick on any judicial officer who is found wanting in the discharge of his or her duties.”
According to him, the NJC would continue to do its best to ensure that judicial officers remain conversant with the provision of the Electoral Act 2010 as amended and other relevant laws towards ensuring efficiency and uniformity in their quality of judgment.
“You must refrain from granting frivolous injunctions. Remain impartial and most importantly, shun any form of inducement. It is mandatory for you to analyse facts based on the applicable laws without prejudice.
“Consequently, judicial officers serving on election petitions tribunals must note that judgments must not be ambiguous and should be devoid of any form of external influence. Your Lordships should shun unnecessary associations with lawyers who may be acting as conduits for politicians no matter how innocent they may be portrayed,” Muhammed said.
NJC May Decide Onnoghen’s Fate Today
The National Judicial Council (NJC) will meet today to consider the appropriate steps to take over the trial and suspension of Onnoghen, who until last Friday headed the council.
Judiciary sources confirmed yesterday that the NJC will suspend Onnoghen based on the precedence it has set when the council on November 3, 2016 suspended seven judges facing trial for allegations of corruption, including bribery and perversion of justice.
In a statement signed by Soji Eyo (Esq) at the end of its 79th Council meeting led by Justice E. O. Ayoola, a retired Supreme Court Justice, and the head of the Transparency and Anti-corruption Policy Implementation Committee, stated that the move was to ensure transparency and eliminate corruption in the judiciary.
The statement reads: “Council has decided that judicial officers shall not be standing trial for alleged corruption and be performing judicial functions at the same time.
“Council, however, decided that it would ensure that judicial officers who are being investigated for alleged high-profile criminal offences do not perform judicial functions until their cases are concluded.
“Section 6 of the NJC policy aims at putting in place multifaceted strategies and guidelines that would ensure transparency and eliminate corruption in the judiciary,” he had said.
Atiku Warns APC Against Derailing Democracy
For the second time in 24 hours, the presidential candidate of the Peoples Democratic Party (PDP) and former vice president, Alhaji Atiku Abubakar, has warned the All Progressives Congress (APC)-led federal government to desist from taking actions that may cause a major constitutional crisis and derail the electoral process.
Atiku, who addressed a press conference yesterday in Abuja, said that “this in reaction to the controversy arising from the suspension of Justice Onnoghen as CJN.”
He regretted that the country was passing through a difficult moment as he noted that the suspension of Onnoghen by Buhari falls squarely within the pattern of executive lawlessness that has been firmly turned into statecraft by the APC government.
Atiku stated that no mission or goal, no matter how noble or well-intended, should be used as a pretext for the subversion of democracy and its institutions.
“How we react to this challenge in the following days will determine the fate of our democracy, which has been brought to great peril by this needless crisis engineered by a government that is unwilling to subject its conducts to the requirements of our constitution.
APC Accuses Atiku, PDP Of Supporting Corruption, Criminals
On its part, the governing APC has decried the actions of the PDP and Atiku over Onnoghen’s suspension, insisting that their actions point to their penchant for anything corrupt and criminal.
The APC also alleged that the PDP had planned to use the top jurist to get back to power at all costs.
In a statement he issued yesterday, APC national publicity secretary, Mallam Lanre Issa-Onilu, said that an order of the CCT was only respected by Buhari on the matter.
He said: “We must ask ourselves these questions: Why was Justice Onnoghen suspended? What are the charges against him? It is on the basis of these, we had expected the PDP, Atiku and their agents to assess the president’s action.
“Justice Onnoghen was accused of non-declaration of assets – a requirement by law for every public officer. While under investigations, other transactions have been traced to Justice Onnoghen’s personal accounts, all undeclared as required by law. Justice Onnoghen has personally admitted to this in writing claiming that he made a ‘mistake’ and ‘forgot’ to declare his assets.
“In the spirit of good conscience, integrity, character and general conduct expected of occupants of public office, we are of the strong position that Justice Onnoghen should have resigned immediately to face his trial after his confession and spare the judiciary of further disrepute. Justice Onnoghen did not. This in itself smells mischief.
“Justice Onnoghen fought to keep himself as CJN by all means possible, thereby fighting the same constitution that he swore to protect.
“It is important to remind the PDP and Atiku that Justice Onnoghen is not entitled to special treatment. Such entitlement being canvassed by the PDP and Atiku is alien to our laws and not in tandem with our cardinal objective of fighting corruption and indeed our overall ‘Change Agenda,’” he said.
