Saraki, NBA Call Buhari’s Suspension of CJN a Coup

Segun Atanda/

Today’s suspension and replacement of the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen by President Muhammadu Buhari has been described as a coup.

Senate President, Dr. Abubakar Bukola Saraki and the Nigeria Bar Association (NBA) described the suspension of Onnoghen as a “coup against democracy and a deliberate attempt to endanger our hard-won democracy”.

Saraki and the NBA condemned Buhari’s action in separate statements today.

Saraki, in a statement personally signed by him described the suspension as another act of desperation by President Buhari.

He noted that Buhari has acted outside the provision of the constitution, has exercised the powers which he does not have and that this action amounted to gross misconduct.

Saraki stated: “This is an action aimed at undermining the nation’s judiciary, subverting the constitution, intimidating judges of all the courts of record, and creating uncertainty in the electoral process, thereby laying the foundation for influencing the outcome of litigations that might arise from next month’s elections.

“There are already the general belief that this hasty action was taken to pre-empt the already scheduled inauguration of election petition tribunals by Hon. Justice Onoghen and to destroy national institutions that are perceived to be uncooperative in his bid to manipulate the electoral process leading to next month’s general elections.

“By unilaterally suspending the CJN without following the provision of the constitution, President Buhari has taken an action which amounted to gross misconduct. He has simply sent a dangerous signal to the entire world that Nigeria is no longer a democratic nation and that we have returned to the old, jaded era of military dictatorship.

“Our constitution makes no provision for suspension of the nation’s highest judicial officer. The constitution provides a clear process for removal of the CJN and specify the roles of the three arms of government, beginning from the National Judicial Council (NJC), the National Assembly and lastly, the Presidency, have different roles to play in that process. There is no condition under which the President can usurp the powers of other arms of government. I do not know where the President and his advisers got this idea of suspending the CJN on the so-called order of the Code of Conduct Tribunal but this is novel, disingenuous and alien to our laws.

“The President and his team must have seen this so-called suspension as a short-cut to getting Hon. Justice Onnoghen out of the way since the appellate court has eventually stopped the CCT from continuing with the trial of the CJN. It is strange that President Buhari is claiming to be taking orders from a Tribunal which has been ordered by a superior court to halt all actions on the trial.

“With this action, President Buhari has initiated a process the consequence of which nobody can predict. They have precipitated a constitutional crisis.

“At this point, all democratic institutions in the country, the international community and democrats across the world should rise against this blatant act of impunity. We should jointly condemn this retrogressive, uncivilized and despotic measure.”

The Senate President called on Buhari to immediately reverse this decision and allow the due process of law to take its natural course in determining the guilt or otherwise as well as the suitability of Hon. Justice Onnoghen to continue as the head of the nation’s judiciary.

The NBA in a statement signed by its president, Mr Paul Usoro SAN also described Buhari’s action as a coup against the Nigerian Judiciary and suspension of the Nigerian Constitution.

The NBA statement reads:

” 1. The news media has been awash this evening with the news of the purported suspension of the Chief Justice of Nigeria, Honorable Mr. Justice Walter S C Onnoghen, GCON by President Muhammadu Buhari, GCFR and the swearing in of Hon Justice Ibrahim Tanko Mohammed as the acting Chief Justice of Nigeria. We are told that this was pursuant to an Ex Parte Order that was issued by the Code of Conduct Tribunal on Wednesday, 23 January 2019. 

2. The Nigerian Bar Association unequivocally rejects and condemns this attempted coup against the Nigerian Judiciary and evident suspension of the Nigerian Constitution by the Executive arm of the Federal Government. The action of the Executive portends a slide into anarchy and complete deconstruction of the Rule of Law and due process. It amounts to an absolute breach of the Constitution and the usurpation of the powers of the Senate and the Nigerian Judicial Council. 3. it is unfortunate that the Executive Branch of Government purports to suspend the CJN on the basis of an alleged ex parte order of the Code of Conduct Tribunal the same Tribunal that, to the knowledge of the Executive, had, only the previous day, Tuesday, 22 January 2019 adjourned its proceedings to Monday, 28 January 2019 and has before it a Motion on Notice that is yet to be argued, seeking the same reliefs as were contained in the purported ex parte application, to wit, the suspension of the CJN, amongst others. 

4. We call on the Federal Government to avert the looming constitutional crisis precipitated by its ill-advised action. In particular, the Nigerian Bar Association demands the reversal of the purported suspension of Honorable Mr. Justice Walter S C Onnoghen, GCON. We also call on the National Assembly to assert its constitutional authority and powers and prevent this slide into chaos and erosion of the Rule of Law.”