Senate President, Dr.
Abubakar Bukola Saraki has described the suspension of the Chief Justice of
Nigeria, Hon. Justice Walter Onoghen by President Muhammadu Buhari, as a coup
against democracy and a deliberate attempt to endanger our hard-won democracy.
Saraki, in a statement
personally signed by him, stated that the suspension was another act of
desperation by President Buhari.
He noted that by the
suspension of the CJN, 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.
“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 Onnoghen
and to destroy national institutions that are perceived to be unco-operative 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”,
Saraki stated.
He however called on
President 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.
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