The judiciary was thrown into confusion on Friday, January 25, 2019 with the controversial suspension of Honourable Justice Walter Nkanu Samuel Onnoghen as the Chief Justice of Nigeria (CJN), pending the determination of cases against him at the Code of Conduct Tribunal (CCT), by President Muhammadu Buhari. The critics argued that Onnoghen's  suspension is akin to a coup – a judicial coup in this case.

Onnoghen's trouble blew open on January 7, 2019, when a civil society group by the name ‘Anti-Corruption and Research Based Data Initiative (ARDI)’ filed a petition against him at the Code of Conduct Bureau (CCB), alleging that he failed to declare some of his assets as required by the law. The petition was received by CCB on January 9, thereafter six-count charge was filed against Onnoghen by the Federal Government at the Code of Conduct Tribunal (CCT) on January 11.

In his speech on the suspension of Justice Walter Onnoghen, Mr President hinted that his action is based on the order of CCT issued on Wednesday, January 23, 2019, directing the suspension of Justice Walter Onnoghen from office pending the final determination of the cases against the Honourable Justice at the CCT and several other fora relating to his alleged breach of the Code of Conduct for public Officers.

Furthermore, Mr Buhari subsequently sworn-in Justice Ibrahim Tanko Mohammed, being the next most senior Justice in the Supreme Court as the Chief Justice of Nigeria in Acting capacity. The purported order was issued at Abuja under the hand and seal of the Honourable Chairman, Hon Danladi Y. Umar and Honourable member, Mrs Julie A. Anabor of the CCT.

Does the President has the power to suspend the Chief Justice of Nigeria? Below is what the Constitution says:
Section 292.
(1) A judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances:-
(a) in the case of:-
(i) Chief Justice of Nigeria, President of the Court of Appeal, Chief of Judge of the Federal High Court, Chief Judge of the High Court of the Federal Capital Territory, Abuja, Grand Kadi of the Sharia Abuja and President, Customary Court of Appeal of the Federal Capital Territory, Abuja, by the President acting on an address supported by two-thirds majority of the Senate.
(ii) Chief Judge of a State, Grand Kadi of a Sharia Court of Appeal or President of a Customary Court of Appeal of a State, by the Governor acting on an address supported by two-thirds majority of the House of Assembly of the State.
Praying that he be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct;
(b) in any case, other than those to which paragraph (a) of this subsection applies, by the President or, as the case may be, the Governor acting on the recommendation of the National Judicial Council that the judicial officer be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct.

However, a school of thought argued that the word ‘suspension’ is not the same as ‘removal’. While the procedure for the removal of CJN or a Judicial Officer was stated in the constitution, the word ‘suspension’ is alien to 1999 constitution of the Federal Republic of Nigeria as amended. This is the reason why critics were critical about the action of Mr President.

Will the suspension of Justice Onnoghen stand the test of time or will the Presidency be forced to reverse it? Time will tell.

https://www.olamilite.com/2019/01/travails-of-justice-walter-onnoghen.html

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