How President Buhari stabbed Onnoghen in the back...What Awaits Tanko

In 2007, the then Presidential Candidate of the All Nigeria Peoples Party (ANPP), General MuhammaduBuhari, had challenged the outcome of the April 27, 2007 Presidential Election which he lost.

General Buhari had approached the court, majorly on the grounds that the Presidential election did not meet substantial compliance with the 2006 Electoral Act.

Supreme Court judgment of December 12, 2008

The Supreme Court in a split 4-3 judgment dismissed the petition of General Muhammadu Buhari.

The then Chief Justice of Nigeria (CJN), Justice Idris Legbo Kutigi, Justice Aloysius Iyorger Kastina-Alu, Justice Niki Tobi and Justice Dahiru Musdapher, dismissed the appeal brought before the Supreme Court by General Buhari and upheld the election of Alhaji Umaru Musa Yar’Adua and Dr Goodluck Ebele Jonathan of the Peoples Democratic Party (PDP).

Justice Niki Tobi who read the lead judgment held thus; “In my view, the most important complaint in an election petition is the disenfranchisement of eligible voters who reported within the statutory time to cast their votes but could not for reasons of violation of the Electoral Act, if there is evidence that despite all the non-compliance with the Electoral Act, the result of the election was not substantially affected, the petition must fail.”

In other words, Election Tribunal must, as a matter of law dismiss the petition, and that accords with section 146 (1) of the Electoral Act.”

The courageous Dissenting Judgements in favour of General Buhari

In their dissenting judgment, the trio of Justice Walter Nkanu Onnoghen, Justice George Adesola Oguntade and Justice Mariam Aloma Mukhtar (former CJN), held that the allegation of substantial non-compliance with the Electoral Act 2006 was proved by the petitioner (General Muhammadu Buhari).

Justice Oguntade who read the lead dissenting judgment held thus: ”The inevitable conclusion I arrived at is that the failure of the 1st Respondent (INEC) and the Chief National Electoral Officer, Maurice Iwu, to use serialised ballot papers bound in a booklet is clearly non-compliance, which shows that the 2007 presidential elections were not conducted substantially in accordance with the principles of the Electoral Act 2006.”

Onnoghen’s unlawful removal prior to the 2019 Presidential election

In late 2018, President Buhari hurriedly suspended the then Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.

President Buhari relied on a purported order by the Code of Conduct Tribunal (CCT), directing the suspension of the CJN, saying that the suspension is “pending the final determination of the case against him at the Code of Conduct Tribunal.”

Before you will say jack, President Buhari single-handedly installed the most senior judge of the Supreme Court, Justice Tanko Mohammed, in acting capacity without following the due process and the law.

Can the President alone install the CJN?

The answer is capital No

Section 292 of the Nigerian Constitution, 1999 as amended reads thus:

(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 Judge of the Federal High Court, Chief Judge of the High Court of the Federal Capital Territory, Abuja, Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, 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.

(b) says: 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.

In view of the above, the President lacks the powers to suspend or remove Justice Walter Onnoghen from office.

Reason for Onnoghen’s Removal

It is important to note here that, the only reason President Buhari hurriedly orchestrated the removal of Justice Walter Onnoghen from office before the commencement of the 2019 Presidential Election was because Justice Onnoghen is a courageous and incorruptible judge and has proven so in many cases.

President Buhari who had determined to hold on to power by every means possible, well ahead of the February 23, 2019 elections; knew that the likes of Justice Onnoghen would not be easily swayed as Chief Justice if he is to superintend his case. Justice Onnoghen is regarded as one of the few dogged and a fearless judges around. President Buhari knows this much from his experience in the 2008 Supreme Court judgement, even though Justice Onnoghen was on his side, at the time.

Advice for Justice Tanko

The task before the Supreme Court in the 2019 Presidential Election petition is that involving a saviour versus a messiah. Court Affidavit and CV cannot in any way, supersede certificates.

It’s time to #RescueNigeria

Let's wait and see