₦airaland Forum

Published February 17, 2019
Ogbonnaya Ikokwu, Umuahia

The Abia State chapter of the All Progressives Grand Alliance has alleged that Police arrested one Gaius with already prepared result sheets showing that the state’s chapter of the Peoples Democratic Party won in the now postponed Saturday February 16 elections.

The state chairman of APGA, Rev. Augustine Ehiemere, made the allegation in a statement on Sunday in Umuahia, Abia State capital, at the governorship campaign office of Dr. Alex Otti.

Ehiemere, whose address was read by the Deputy Chairman of the Party, Chima Onyekwere, said the party in the state “received the polls postponement with shock and great disappointment.”

While recounting the losses experienced as a result of the postponement, he also disclosed that APGA’s attention had been drawn to an alleged plan by the state PDP to rig the election.

According to him, part of the plans was busted on Friday night when Police arrested a man who identified himself as Gauis somewhere in Umuahia for being in “possession of INEC’s sensitive documents and already completed result sheets that gave PDP victory ahead of the now postponed presidential and National Assembly elections.”


https://punchng.com/police-arrested-man-with-result-sheets-showing-pdp-won-election-abia-apga-alleges/

The news was trending when it was reported that 66 people were killed in Kaduna, but as soon as it was stated that the victims are fulanis, it stopped trending.

All lives are important.

Iamgrey5:
Yes! I get you now.

The killings of innocent people was a reasonable thing back then, but now it makes no sense, right?

FYI, the riots were between the Muslim communities and the Christian communities just like today, it was not just a random protest.

Just as it was Sharia law then, land and resource control seems to be main concern now, which is a general theme across the country since the last days of the PDP in power.

Who can blame them tho, PDP had a major role to play in the current situation we find ourselves in the country.

Yet, I will rather condemn violence for what it is instead of using it to score a cheap political point.

I hope you do the same.

Have a nice day.

How can killing of innocent people ever be a reasonable thing?

rentAcock:
Anytime I see this guy I can't help but wonder how he satisfies his trophy wife. Not that i'm complaining or anything, afterall a majority of my clients are unsatisfied married women of rich men. But I still wonder why these old men think its fair to lock up a young pretty girl just for their selfishness.

Rumour has it that Oshomole is huge down there and a tiger in .....

After INEC shifted the election, social media was awash with a screenshot depicting Zakari as INE's head of logistics, with the insinuation that she probably sabotaged the election to hand an advantage to the All Progressives Congress (APC). However, this is not true.

Sequel to the one-week postponement of the elections by the Independent National Electoral Commission (INEC), there have been speculations that Amina Zakari, a national commissioner, is to blame for the logistics delay regarding the electoral process.

Professor Mahmood Yakubu, the INEC Chairman, had said bad weather and delay in logistics was one of the reasons the polls had to be shifted by one week.

Before the elections, various stakeholders, especially the opposition Peoples Democratic Party (PDP), had accused the commission of plans to rig the election by putting Zakari in charge of its national collation centre.

Zakari is related to President Muhammadu Buhari, albeit a distant relative. However, there had been calls for her sack from the commission, as there were claims that she could be biased as Buhari is seeking reelection on the platform of the All Progressives Congress (APC).

After INEC shifted the election, social media was awash with a screenshot depicting Zakari as INE's head of logistics, with the insinuation that she probably sabotaged the election to hand an advantage to the All Progressives Congress (APC). However, this is not true.

In 1997, she was appointed as a National Commissioner of INEC.

However, she was eventually redeployed, and contrary to speculations that she should receive major blame for the postponement of the elections, her office actually has nothing to do with logistics.

In October 2018, INEC re-organised the chairmanship of five of its 15 Standing Committees. As a result, Amina Bala Zakari’s position as Chairman of INEC’s Electoral Operations and Logistics Committee was changed to Health and Welfare Committee.

A statement by Mallam Muhammed Haruna, a National Commissioner on the re-organisation, read: “Barrister Festus Okoye, Information and Voter Education Committee; Prince Solomon Adedeji Soyebi, Board of the Electoral Institute; Dr Mohammed Mustafa Lecky, Planning, Monitoring and Strategy Committee; Mrs. Amina Bala Zakari, Health and Welfare Committee, and Professor Okechukwu Ibeanu, Electoral Operations and Logistics Committee.”

In January 2019, she was appointed Chairman of the Committee on Collation Centre. Therefore, Zakari is NOT the head of INEC's losgistics as being peddled n social media.

http://saharareporters.com/2019/02/16/fact-check-amina-zakari-charge-logistics-inec

Bukola Saraki in Ilorin told supporters to vote massively for Buhari.

Watch the video


https://mobile.twitter.com/DOlusegun/status/1096354591178981376

[quote author= post=75741298]we too[/quote]Lamido Adamawa too

awelekiti:
The difference is simple....the former is an aspirant, while the latter, an incumbent president. Jonathan too was showered praises in 2015 by kings and emirs while Buhari was just an aspirant without any form of accolades or encomiums on him. That's it.

Ipod analysis

Personal Assistant to President Buhari on New Media Bashir Ahmad tweeted

“Whoever say I campaign for President @MBuhari say it, yes I do, I am supporting him 101%” – Emir of Katsina

Atiku Abubakar, the presidential candidate of the Peoples Democratic Party (PDP), on Thursday paid a visit to the Lamido of Adamawa, Barkindo Mustapha.


Atiku was accompanied by top officials of the party.

The Lamido of Adamawa, while addressing the delegation, called on Nigerians to play politics without bitterness “because we are all brothers and sisters, politics is temporary.


“I want to advise us in whatever we are doing put Allah first.

“He is the only one that can do and undo.

“Be Patient, May Allah guide us during the elections. May they be peaceful,” he added.

http://dailypost.ng/2019/02/14/2019-presidency-lamido-adamawa-told-atiku-pdp-leaders-thursday/



Speaking on Thursday when Buhari paid a courtesy visit to his palace in Yola, the monarch lauded Buhari for his giant strides and inroads he recorded in various fields, such as economy, security, and fight against corruption

Femi Adesina, spokesperson to Buhari, quoted the Lamido as saying, “I would like to use this opportunity on behalf of my humble self, members of my Council and the entire people of Adamawa to acknowledge with immeasurable thanks and congratulate you on keeping faith with the contract you entered with our people and, indeed, Nigerians.

“The giant strides and inroads you recorded in various fields of our endeavours such as economy, security, and fight against corruption, which still remain the cornerstone of your agenda, would not have been made possible if not for your resilient focus, passion, and love for the country.

“Mr President, there is no doubt that much has been achieved during your present tenure but certainly you need more time to actualize your dream for a better Nigeria. This, therefore, calls for all and sundry to rally round you and allow you to get to the next level to enable you consolidate the various laudable programs of your party.”

http://dailypost.ng/2019/02/07/2019-presidency-lamido-adamawa-told-buhari-yola/

If you know, you know

I receive ONLY ten million dollars!!!!!!

Rights activist Femi Falana (SAN) has accused the Nigerian Bar Association (NBA) of playing double standard by taking a position to support the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.

Falana argued it was wrong for the NBA that called for the suspension of judges who were arrested by security agents in 2016 to turn around to fault the suspension of a CJN, against whom a charge is pending.

Falana, who was at the High Court of the Federal Capital Territory (FCT) to attend to a case, in defiance of the NBA’s directive that lawyers boycott court, said the directive was ignored by many lawyers who turned up in court today.

He said while he faulted the Executive’s decision to suspend the CJN on an ex-parte order, he thinks Onnghen should resign.

Details shortly…

http://thenationonlineng.net/onnoghen-falana-accuses-nba-playing-double-standard/

The acting Chief Justice of the Federation (CJN), Justice Ibrahim Tanko Mohammed, has warned judges against granting frivolous injunctions to politicians, as their administration of justice must be seen not to be partisan.

He gave the warning on Monday in Abuja at the opening ceremony of a two-day workshop organised by INEC with support from European Centre for Electoral (ECES), and the National Judicial Institute (NJI)


Mohammed said judges that will be sitting on 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 said judges must guard their integrity.

“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 as it will not hesitate to wield the bug suck of sanctions to any Judicial Officer who is found wanting in the discharge of his duties,” Mohammed said.

He pledged that they will continue to do their 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 the quality of judgement.

He said, “You must refrain from granting frivolous injunctions. Remain impartial and most importantly, shun any form of inducement. It is mandatory for you to analyze facts based on the applicable laws without prejudice.”

The INEC Chairman, Prof. Mahmood Yakubu, at the occasion, decried what it described as conflicting judgements that put the commission in difficult positions.

Yakubu who said conflicting judgements create uncertainty in the polity. He expressed confidence that the training will avail the judges the basics of the electoral process.

Yakubu who was represented by a National Commissioner, Mrs. May Mbu, decried lack of consequential orders arising from judgements concerning election matters.

“For our part, there are two major areas of concern. First is the issue of conflicting judgments arising from pre-election and post-election cases. As a firm believer in the rule of law, the commission always obeys court orders or, where it is considered necessary, appeals them in the interest of justice.

“There have been over 1,200 cases involving the commission since the 2015 general elections and not in a single case has the commission disobeyed a court order.

“However, conflicting judgements, especially by courts of coordinate jurisdiction at the High Court level are putting the commission in a very difficult position and creating uncertainty in the process.

“Conflicting court orders are negatively affecting the consistency, neutrality, and public perception not only of the commission, but the judiciary as well. There is therefore the urgent need to address the issue of conflicting judgements in order to engender certainty in the electoral process,” he said

https://www.dailytrust.com.ng/acting-cjn-warns-judges-against-frivolous-political-injunctions.html

Senators of the All Progressives Congress (APC) on Monday said there was no time that the Senate met and took the decision to approach the Supreme Court for an interpretation of the suspension of the Chief Justice of Nigeria (CJN) Walter Onnoghen.

A statement from Yusuph Olaniyonu, the Special Adviser to the Senate President Bukola Saraki on Media and Publicity, ‎had said the Senate had approached the apex court for an interpretation on whether President Muhammadu Buhari usurped the powers of the Senate or not in suspending Justice Onnoghen


But APC senators, through Senate Leader ‎Ahmad Lawan (APC, Yobe), said no such decision was taken by the Senate as an institution, and that the APC senators dissociated themselves from the action.

“It has come to the notice of the Senate APC Caucus that the Senate has approached the Supreme Court for the interpretation of the suspension of Justice Walter Onnoghen by the President and Commander-in-Chief of the Armed Forces.

“For the records, the Senate never met to take any such ‎resolution, and at no time mandated anyone to approach the Court on this matter on its behalf.

“Consequently, the Senate APC Caucus dissociates itself from the said request for the legal interpretation of the suspension,” Lawan said.‎

The statement by Saraki’s spokesman said the Senate cancelled its planned emergency resumption for Tuesday to deliberate on the suspension since the Senate has already approached the apex court

https://www.dailytrust.com.ng/just-in-onnoghen-senate-didnt-take-decision-to-approach-supreme-court%e2%80%8e-apc-senators.html

January 28, 2019
Sunday Aborisade, Abuja

The All Progressives Congress and the Peoples Democratic Party leaders in the senate are still laying claims to having the majority of members in the red chamber.

However an independent analysis by The PUNCH based on the gale of defections in the chamber late last year showed that the APC is still maintaining the lead with 56 senators, closely followed by the PDP with 46 members.


Others are African Democratic Congress (3), Social Democratic Party (1), All Progressives Grand Alliance (1) and the Peoples Redemption Party (1).

It was gathered that many senators who defected had not notified the leadership of the senate in writing, hence the confusion.

https://punchng.com/apc-has-majority-in-senate-investigation/amp/?__twitter_impression=true

Nigeria laws sha

GeorgeTheCoder:
APC thinks Nigerians are all stupid zombie followers. How can payments have been made to "Onnoghen and his colleagues" for elections that have not even been held.

Fake news.

its called payment in advance.

Corrupt judges worse than Boko Haram – NBAPublished on May 1, 2014 By Wale Odunsi

THE Nigerian Bar Association (NBA), on Wednesday in Abuja declared that corrupt judges were worse than the Boko Haram sect in the country.


NBA president, Okey Wali, submitted that bad eggs on the Bench were “so bad that they have exhibited the potential of destroying the judiciary and, by extension, this nation.

He spoke during the valedictory court session held in honour of Justice Christopher Chukwuma-Eneh, who bowed out of the Supreme Court at the mandatory retirement age of 70.

“They are worse than the mob. They are doing more harm to this nation, even than the worst terrorist group in the world, Boko Haram.

“As 2015 approaches, they are getting more daring. The sad thing is that the public perception is worse than this, because to the public, it is the judiciary that is letting Nigerians down.”

The body charged the Federal Government to fix the nation’s judiciary which would in turn, inspire confidence in persons or organisations that want to invest in the country.


“This is no ego tripping, law and order and the economy of this country revolve around the judiciary,” he submitted.

Wali reechoed the support of the NBA for efforts by the Chief Justice of Nigeria (CJN), Justice Mariam Aloma Mukhtar, to rid the judiciary of corrupt officers,.

He recalled that in the last 12 months, 11 legal practitioners had been disbarred, with two suspended for five years for professional misconduct.

Wali further disclosed that over 47 were being tried by the Legal Practitioners Disciplinary Committee (LPDC) of the NBA and over 126 being investigated by the association.

Reiterating the association’s call for amnesty for Boko Haram members, the NBA boss appealed to them to stop the killing of innocent Nigerians.

In his address on behalf of the Body of Senior Advocates of Nigeria (SANs), Mr K.S Okeaya-Inneh, called for a reform at all levels of the judiciary.

He said the role of governors in appointing and exercising disciplinary control over the Chief Judge of any state should be subjected to the participation of the National Judicial Council (NJC) and the House of Assembly of the state, to ensure transparency and observance of the rule of law.

Inneh said that some members of the inner bar should be appointed to the bench of the Supreme Court, provided such appointee had not attained the constitutional retirement age of 70, adding that this was being practised in some advanced countries of the world.

http://dailypost.ng/2014/05/01/corrupt-judges-worse-boko-haram-nba/

The Centre for Democracy and Development (CDD), Abuja, has suggested ways Nigeria can avert a constitutional crisis over the controversial suspension of the Chief Justice of Nigeria (CJN), Walter Onnoghen, by President Muhammadu Buhari.

Mr Buhari’s appointment of Ibrahim Muhammed as the acting CJN has been condemned and rejected by the opposition and several Nigerians who are concerned about the independence of the judiciary and the fate of constitutional democracy in the country.
The opposition has accused Mr Buhari of paving way for the rigging of the forthcoming general elections, with the suspension of Mr Onnoghen, who is facing trial at the Code of Conduct Tribunal for alleged false declaration of assets.

The president is seeking a second term in office in a crucial election holding on February 16. His main challenger is Atiku Abubakar, a wealthy businessman and former vice president of Nigeria.
Weighing in on the controversy, the CDD said in a statement issued on Sunday that President Buhari “should immediately retrace his steps and withdraw the illegal appointment of Tanko Mohammed as Acting Chief Justice of Nigeria.”
The CDD also called on Mr Onnoghen to resign his position as the CJN.

“Chief Justice Walter Onnoghen has serious charges levelled against him, and it is morally reprehensible for him to continue to stay in office until all matters are judiciously dispensed with, CDD, therefore, call on Justice Onnoghen to immediately step down and convene the National Judicial Council to meet and make a determination on the way forward,” the CDD said in the statement signed by its director, Idayat Hassan.

The CDD, which expressed concern about the “entrenched culture of corruption and impunity in the country”, said, however, that President Buhari’s actions over the Onnoghen matter were “delegitimising” the forthcoming elections.
It said the president was aware he has no power to suspend the CJN and therefore found justification by claiming he was obeying a directive from the Code of Conduct Tribunal.

The tribunal too, the CDD said, has no such powers to direct the president to suspend the CJN.
“The Centre for Democracy and Development (CDD) strongly avers that the President must backtrack from his action as a prerequisite for resolving the predicament we find ourselves in as a country,” the statement said.
The statement added, “It beholds on the National Judicial Council to ensure justice is not just done but seen to be done in the CJN matter.”

https://www.premiumtimesng.com/news/more-news/308267-onnoghen-how-nigeria-can-avoid-constitutional-crisis-cdd.html

Nigerian reality.

Dangerous Precedent

The suspension of the CJN should, therefore, not be cynically and mischievously tied to the quest to preserve the rule of law, as the Executive has done. What the Executive has done is an inconsiderate abuse of power.
It erodes the independence of the judiciary. It creates a scary precedent allowing the Executive Branch of Government, acting by itself or through selected surrogates or proxies, to file a petition before the CCB and casually and interminably saunter into the CCT to obtain an ex parte order against a judge, suspending him from office, pending the determination of the charge that is filed against him or her by the CCB or the conclusion of his trial by the CCT.

If this precedent were to become a permanent rule of law, the security of tenure that is granted to judicial officers under the Constitution will become “a tenure of insecurity” for judicial officers.
The legal profession in Nigeria, Bar and Bench must, however, accept that in many ways, some of its members, including senior lawyers, have contributed immensely to the burgeoning of corrupt practices in the legal profession, and to the counterfeiting of the rule of law.

While many were complaining about the haste with which the Onnoghen ouster project was being prosecuted by the Executive Branch of Government, a desperate Chief Justice Onnoghen, with the assistance of an equality desperate team of lawyers stormed two courts ( Federal High Court and the National Industrial Court ) on Monday the 14th of January , 2019 to procure orders restraining the CCT from proceeding with the arraignment or trial of the CJN.
The cases were filed on that day, processed, assigned and heard. The case before the National Industrial Court was filed by an NGO, and not the CJN , who, in law, is the only one who has the locus standi to institute an action relating to his appointment, employment as a judicial officer or office in an industrial court.
Being an industrial court, the primary litigants in that court are employees, employers, trade or labour unions, and employers associations. Not any busy body.

And yet both the Bar and Bench continue to admonish against abuse of processes of our courts .
As if that anormaly was not bad enough, following the commencement of proceedings before the CCT and arguments on the issue of service, appearance of the CJN and challenge to the jurisdiction of the Court, the CJN immediately approached the Court of Appeal seeking an order to stay the proceedings of his dawning arraignment and trial before the CCT, without waiting for the resumption of proceedings before the CCT on Monday 28th January, 2019.
The CCT had adjourned the continuation of hearing of the matter from the 22nd January to the 28th of January, 2019.
Unfortunately, contrary to the decision of the Supreme Court, on the 24th of January, 2019, the Court of Appeal granted an order in favour of the CJN staying the proceedings of the CCT, until 30th of January, 2019, thereby, in a way, provoking the Executive to intervene by effecting the order of the CCT directing it to suspend the CJN.
In Saraki v FRN 2016, 3 NWLR, Pt 1500,531 at pp 579 ; paras E-H; 581 paras F-G; and pp 583 -584, paras H-A , the Supreme Court held that the nature of the jurisdiction of the CCT is a quasi criminal jurisdiction, and that the rule of procedure applicable in the proceedings conducted before the CCT is the Administration of Criminal Justice Act. In Metuh v FRN, 2017, 11 NWLR , Pt. 1575, 157, at pp. 176-177, paras G-B; 179, paras A-C, E-F, ; 180, paras C-E ; 181-182, paras G-C ; and 183 , paras C-E, the Supreme Court held that under Section 306 of the Administration of Criminal Justice Act , 2015 , a trial court ( and afortiori an appellate court ) lacks the power to stay proceedings of criminal trial ( and a trial before a court of quasi criminal jurisdiction, if we need to add).

Looking Inward

In the handling of anti corruption cases and political cases ( suits emanating from conduct of primaries of parties and election petitions) , members of the legal profession continue to face justifiable blames and accusations.
The recent proclivity of our courts to grant orders and deliver judgments preventing a political party from holding its primaries and nullifying entire primaries conducted in states , thus preventing the party from fielding candidates in the upcoming general elections, has only added to the perception that the Judiciary is toeing a path of war against that political party and its interests.
We had not expected that while exercising its judicial power in respect of testy and difficult intra-party congresses and primaries for selection of candidates, the Judiciary will place a blanket ban on a political party not to field candidates in an election, thereby giving a technical victory to other political parties ahead of the election.

Such decisions do not only affect the party at the receiving end of such an order, but also implicate the constitutional right of voters to elect candidates of their choice, since their preferred candidates and party may be those barred from participating in the election.
Decisions barring parties from fielding their candidates, which are hailed by some as the triumph of the rule of law is, therefore, an invitation to judicial instability, as political power wielders will escalate their use of the Judiciary as a field to wage their power struggle and supremacy battles.

In the face of assault, contempt and provocation, the Judiciary is not expected always to resort to retribution and vengeance. It can truly do justice according to law, while extricating itself from a path that may lead to its being carelessy, recklessly and unfairly branded as a politically partisan umpire.

Nigerians can then imagine that the Muhammadu Buhari Administration that once had described the Judiciary as “it’s headache” could quickly in the prevailing circumstances have developed a persecution complex, fearing that it may suffer irreparable judicial decimation in the elections petitions that may arise from the forthcoming elections, if there was no ‘intervention’ in the Judiciary, and CJN Onnoghen was left in the saddle.
The fact that beneficiaries of certain political and anti corruption cases that were decided by the Judiciary, and their very familiar lawyers are now the vociferous defenders of the Judiciary against a “rampaging and dictatorial“ Executive Branch of Government is a further “proof” which the Onnoghen ouster conspiracy will celebrate as the evidence of judicial partiality and lack of independence under Chief Judgeship of Hon. Justice Onnoghen.

Looking Ahead

In order to save the Judiciary from further assault and embarrassment, and Nigeria from further international humiliation, a number of urgent steps must be taken by the Judiciary, the Executive Branch of Government and the legal profession.
The President must withdraw his purported execution of the order of the CCT suspending CJN Onnoghen from office, and swearing in Hon. Justice Ibrahim Tanko Muhammed as the Acting CJN of Nigeria.
This must be done immediately to stabilise the failing health of the Supreme Court that must have been occasioned by the act of the President.
Hon. Justice Walter Samuel Onnoghen must immediately resign from the office of the Chief Justice of Nigeria.
His reputation as a judge and as the head of the Nigerian Judiciary has been irreparably damaged, and his clinging to judicial office will not serve any useful purpose at this time.

His attempt to shield himself in office as exemplified by the inexplicable panicky indefinite postponement of the meeting of the NJC on 15th January , 2019, thereby robbing the NJC of its earliest opportunity to discuss the issue of his charge before the CCT is not helping him.

If anything , it portrays him, very unfortunately, as a person who is determined to cling to judicial office while the Judiciary is engulfed in crisis, flowing from issues relating to his alleged ethical infirmities.
The President of the Nigerian Bar Association, who is also facing a criminal prosecution by the Federal Republic of Nigeria ( EFCC) should either step down from the presidency of the NBA or recuse himself from the membership of the NJC, pending the conclusion of the criminal charge against him.
Even when his presumption of innocence is conceded, this is the only way to guarantee that his representation of the NBA in the NJC is not used and surbodinated in the prevailing circumstances to the pursuit of his self interest to have himself discharged and acquitted.

The NJC must meet immediately to accept the resignation of Honorable Justice Onnoghen, and forward same to the President; and recommend a new Chief Justice of Nigeria to the President for a due appointment, with the approval and confirmation of the Senate.
In the meantime, the President will now be in a position to properly exercise his powers under Section 231(4) of the Constitution to appoint an Acting CJN in the person of Hon. Justice Ibrahim Tanko Muhammed.

The NBA and members of the legal profession must be mobilised not only to condemn the Executive for its acts of interference in the Judiciary, but also to compel Hon. Justice Onnoghen to resign as the CJN with immediate effect.
The unwitting impression the legal profession creates when it condemns the Executive without demanding for the resignation of the CJN is that it is protecting the CJN and shielding him from facing the consequences of alleged involvement in corrupt practices .
In addressing the issues that the actions of the Executive have raised, state actors and stakeholders in the Judiciary and outside it must ensure that the Judiciary is not further politicised or divided along ethnic or religious lines.
Finally, the current debacle rocking the Judiciary must be resolved to preserve and grow Nigerian constitutional democracy and rule of law and intensify the fight again corruption in Nigeria’s public life.

Jiti Ogunye, a public interest attorney, commentator, and author, is the legal adviser to Premium Times

https://www.premiumtimesng.com/news/headlines/308139-analysis-suspension-of-cjn-onnoghen-an-illegal-executive-coup-against-a-recalcitrant-chief-judicial-officer.html

ANALYSIS: Suspension of CJN Onnoghen: An illegal executive coup against a recalcitrant chief judicial officer

On Friday, January 25, 2019, the President of Nigeria , Muhammadu Buhari, suspended the Chief Justice of Nigeria, Justice Walter Nkannu Samuel Onnoghen from office, and immediately administered the judicial oath of office to the most senior Supreme Court Justice , next in rank to him, Justice Ibrahim Tanko Muhammed as the Acting Chief Justice of Nigeria.

Following that act, the president delivered a 25-paragraph address, akin to a coup speech, wherein he gave reasons for his action.
Essentially, the president explained that he was swiftly executing an order ex-parte ( that is, a one sided order procured without notice to, and the knowledge of the “suspended” CJN or his lawyers) of the Code of Conduct Tribunal (CCT), made and dated the 23rd day of January, 2019.

The order mandated him to suspend the CJN from office, pending the final determination of his trial at the CCT, and swear in the Justice of the Supreme Court next to him in rank, as an acting CJN.

The president further explained that sequel to the filing of corruption related charges against the CJN by the Code of Conduct Bureau ( CCB) before the CCT and the commencement of his “trial “ for gross violations of the provisions of the Code of Conduct for public officers, as stipulated in the Constitution of Nigeria, the CJN, instead of resigning his position took steps to frustrate his trial.

The CJN had been accused in the charges of receiving into and retaining in many banks accounts huge sums of money in foreign and local currencies, without disclosing them in his asset declaration forms and documents submitted to the CCB.

Unusual Speed

On January 7, 2019 , the CCB received the petition against the CJN and between that date and 14th January, 2019, treated the petition and filed charges against the CJN, leading to his expected arraignment.

Many were shocked by the speed of that process, making many to wonder whether that speed did not signify that the FGN was coordinating the plot to remove the CJN from office.

The publicised demand of the Federal Executive Branch of Government for the resignation of the CJN from office , and the hollow and flat statement made by Vice President, claiming the President was not aware of the travail of the CJN before he was charged were pointers that the Buhari Administration was the resolute and implacable force behind the effort to remove the CJN from office.

When the CJN was confronted with the particulars of his infractions, upon the receipt of a petition from an NGO that submitted same, calling for his probe and prosecution, he made a ‘confession’.
In a a written statement that he volunteered, he admitted the ownership of the bank accounts and the sums therein contained, but claimed that he forgot to declare the bank accounts.
In the face of these damning confession, the president stated that Nigerians had expected the CJN to resign his office.
But instead of doing that, a team of senior lawyers working with him had obtained a number of orders from the courts to frustrate his trial.


It was in consequence of these orders that the Executive had to act.
It sought an order to suspend the CJN from office and upon the order being granted by the CCT, acted swiftly to suspend the CJN from office.

Divided Public

As it has now become the pattern, public opinion on the action taken against the CJN by the president is sharply divided.
A section of the public is of the view that the president acted illegally and unconstitutionally. They cite the provisions of Section 292 of the Constitution, which guarantees security of tenure for judicial officers, especially the CJN.
By this, he cannot be suspended or removed from office without the recommendation of the NJC and the 2/3 concurring approval of the Senate.
The other section hails the action of the President, contending that it is premised on a valid and subsisting order of the CCT, which has not been set aside, and which is incumbent on the President to enforce.
This section of opinion believes that the action of the President addresses the substance of the allegation of corrupt practices against the CJN, the tackling of which is being frustrated by the resort to technicalities and procedural niceties of law, a slavish adherence to the labyrinth of the due process of law, and treading of the laborious path of the rule of law .

Informed View

Faced with the divided, nay partisan opinion on the matter, patriots, lovers of democracy, believers in the rule of law and abhorrers of corrupt practices in our public life must take an informed and well considered view on the far- reaching and unprecedented step the Executive Branch of Government has taken.


While isolated (and we say not pervasive) cases of corrupt practices in the judiciary must be combated assiduously by our anti-corruption agencies under the Executive Branch of Government, Nigerians must decry the procedure adopted by the Muhammadu Buhari Administration.
Because of wrong procedure, the suspension is patently illegal and unconstitutional. It is disingenuous for anyone to argue to the contrary.
The suspension, which the Administration argues emanates from an order of the CCT is no more than a premeditated executive act dressed up in a quasi judicial cloak to give it legitimacy.
It was akin to what the military regime of General Bademasi Babangida did while fishing for judicial pretexts to stop the holding of the June 12 1993 Presidential Election, and annul it altogether.

It used its proxies to procure orders of injunctions from Hon Justice Bassey Ikpeme and Hon. Justice Dahiru Saleh of the Abuja High Court to stop the holding of the election and when the election was held, to stop the counting and release of the results.
This was in spite of the fact that the decree guiding the transition to civil rule programme had prohibited the granting of such orders, which could truncate the conduct of the election!

And it is puerile to argue that the mode of suspending or removing the CJN from office, as clearly defined by the Constitution can be circumvented by reliance on the provisions of Section 11 of the Interpretation Act, Cap 123, Vol. 8, LFN, 2004, an inferior statute, compared to the Constitution, the Supreme Law of the land.

The act of the Buhari Executive cannot be justified by invoking the provision of the Interpretation Act.
The precedent of the unconstitutional and wicked ill treatment meted to Justice Isa Ayo Salami, erstwhile President of the Court of Appeal by the Goodluck Jonathan Presidency, cannot be used as justification.

Incidentally, the senior lawyers that colluded with the Goodluck Jonathan Administration then to traduce and harangue Hon. Justice Isa Ayo Salami, CFR, and cruelly and crudely abort his presidency of the Court of Appeal are now the in the CJN Onnoghen’s corner, mouthing “the rule of law“ , “due process of law” , “judicial independence“, and decrying an alleged descent into fascism.
Political Game Play

Apparently, the executive branch of the government desired the ouster of the CJN from office.
To actualise the objective, it worked closely with a shadowy NGO to dredge up CJN Onnoghen’s infractions of provisions of the Code of Conduct for Public Officers. Many of these infractions predated the appointment of Justice Onnoghen as the CJN in 2017.


But there was no political exigency then for the use of the discovered and known transgressions of the CJN. The motive for using the allegationsnow is the feared harm the judiciary that is presided over by the CJN could do to the political interests of the ruling party, especially regarding pre-election cases and election petitions.

The CJN is facing an indefensible and shameful allegation of corruption against him , an allegation which warrants that he resigns from office, without waiting for his suspension from office by the Executive Branch of Government. But if the truth must be told, the reasons for the action of the Executive are beyond the fight against corrupt practices in the Judiciary.
The constitutional path to be charted to legally suspend or remove a CJN from office is luminously delineated by the Constitution.

What The Law Says

By virtue of Section 292(1)(a)(i) of the Constitution, the CJN cannot be removed from his office or appointment before his retirement age ( or suspended from office while the real intention is to secure his removal ) except by the President, acting on an address supported by two thirds majority of the Senate.

The NJC, by virtue of paragraph 21(b) of Part 1 of the Third Schedule to the Constitution of the Federal Republic of Nigeria, 1999 ( as amended ) recommends to the President the removal from office of certain category of judicial officers including the CJN , and exercises disciplinary control over them. Problematic? Of course, yes.
This is because regulators are being impracticably saddled with the power to regulate themselves. But that is the path for the removal or suspension of the CJN from office as provided by the Constitution!

Section 18, Part 1 of the Fifth Schedule to the Constitution defines the power of the CCT. In particular, Section 18 ( 2) stipulates the punishments which the CCT may impose upon conclusion of trial. They are : (a) vacation of office or seat in any legislative house as the case may be; (b) disqualification from membership of a legislative house and from the holding of any public office for a period not exceeding ten years; and (c) seizure and forfeiture to the State of any property acquired in abuse or corruption of office .
Instructively, the CCT is not vested with any power under the Constitution or the Code of Conduct Tribunal Act to order the Executive Branch of Government to suspend a public officer who is undergoing trial before it, from office , pending the conclusion of trial, as the CCT has purportedly done.

Also instructive is the fact that being a quasi criminal tribunal, the rules of procedure of the CCT is the Administration of Criminal Justice Act, a criminal procedure act, under which an ex parte or interlocutory order, analogous to an order of injunction obtainable in civil proceedings ( under the civil procedure rules of our courts ) may not be validly sought or granted.
What the Executive Branch of Government has done in the circumstances, therefore, was to force the matter of the desired removal of the CJN from office.
The Federal Government knew there were constitutional blockades against its desired removal of the CJN from office.
It recognized that FRN V NGANJIWA, 2018, 4 NWLR ( Pt. 1609) , 301 at 341 and 349, is a caselaw obstacle. But it was determined not to be restrained or frustrated by the rule of law.

Will APC senators participate?

Kaduna was empty.

“Also, we don’t know Atiku’s uncle and all Fulani know their uncles. Have you ever seen Atiku’s uncle? His claim to Fulani background is shrouded in uncertainty because nobody knows his uncles. Buhari’s ‘Fulani-ness’ is not in doubt. His father was an Ardo, a Fulani leader. So, I think it is not an issue.”

Why is he afraid to campaign against Buhari in Bauchi?

If Atiku thinks the other 3 candidates are too small for him to debate with, why does he feel Buhari should consider him worthy to debate with?

The presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar, says among other things, if elected into power he will enrich his friends.

The PDP candidate stated this on Wednesday while addressing the business community in Lagos at an event themed “Getting Nigeria’s Economy Working : A Pragmatic Approach.

“I am not going to enrich members of my family but my friends.

“Are my friends not entitled to be enriched? As long as there is no element of corruption there,” he said.

Beyond that, Atiku also vowed to privatise the Nigerian National Petroleum Corporation (NNPC) if he gets into power.

He said, “I am committed to privatizing NNPC, I said it.”

Read Also: I’m Committed To Privatising NNPC, Even If They Kill Me – Atiku

He had previously announced that he would privatise the oil corporation which has faced controversy over how it operates over the years.

Although the plan had been faulted by some at the time it was announced, the PDP candidate vowed to follow through with it even if it costs him his life.

“I swear, even if they are going to kill me, I will do it,” he said.

https://www.channelstv.com/2019/01/16/im-not-going-to-enrich-members-of-my-family-but-my-friends-atiku/

omooba969:
And Anambra has a governor from the very low turnout.

A low turnout in the Southeast would do Atiku no good.

derbykol:
Forget it,they said no election in Anambra and the election still took place.

But the turnout was very low

NOTE TO NIGERIAN JOURNALISTS:

"If someone says it’s raining, and another says it’s dry, it’s not your job to quote them both. Your job is to look out the window and find out which is true."

John Voelker.