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+--- Thread: Buhari Has Insulted The Constitution – Agbakoba Reacts To Cjn’s Suspension (/showthread.php?tid=13526)
Buhari Has Insulted The Constitution – Agbakoba Reacts To Cjn’s Suspension - Edoman - 01-26-2019
Buhari had on Friday suspended Onnoghen and immediately appointed Tanko Mohammed as acting CJN.
Explaining his reason, the President said he suspended Onnoghen, following an order from the Code of Conduct Tribunal, CCT, asking him to wield the big stick.
In a statement forwarded to DAILY POST, Agbakoba made it clear that Buhari’s action “is the most brazen assault on Nigeria’s constitutional history” and criticized Mohammed for accepting to be sworn in.
“President Muhammadu Buhari’s suspension of the Chief Justice of Nigeria, Justice Walter Onnoghen, is the most brazen assault on Nigeria`s constitutional history.
“The President has obviously not listened to the advice of the Hon. Attorney General of the Federation or the Attorney General of the Federation has misadvised him or both.
“President Buhari claims that the suspension of the Chief Justice Onnoghen is pending the determination of the Code of Conduct Tribunal, CCT. This is simply not true. The CCT itself adjourned proceedings in respect of Justice Onnoghen`s matter in order to determine if it had jurisdiction to try Justice Onnoghen. The President`s decision contravenes the Ruling of the CCT.
“There are at least six (6) pending cases in superior courts of Nigeria and one in the Court of Appeal. All these cases ruled that Justice Onnoghen should remain in office pending when all cases against him are resolved. These Rulings bind the President of Nigeria. In any case Section 292 of the 1999 Constitution of Nigeria sets out the procedure for removing or suspending the Chief Justice of Nigeria. The power to suspend or remove the Chief Justice of Nigeria vests in the Senate side of the National Assembly.
“For all these reasons the purported suspension of Chief Justice Onnoghen is the gravest insult to Nigerian constitution in history. It is difficult to understand how President Buhari will expect my vote of confidence in the February polls if he wantonly denigrates and desecrates our Constitution.
“I call on all Nigerians to take the strongest possible view of the President`s conduct. I am shocked that Mr. Justice Mohammed Tanko would have offered himself to be sworn in as the Acting Chief Justice of Nigeria.
“I call on the Chief Justice of Nigeria to refuse to be pushed out of office. The NBA must rise to resist this assault to our constitution.
Our judges must rise; Civil Society Organizations must rise. This is potentially the beginning of our descent into constitutional anarchy.”
http://dailypost.ng/2019/01/25/onnoghen-buhari-insulted-constitution-agbakoba-reacts-cjns-suspension/
RE: Buhari Has Insulted The Constitution – Agbakoba Reacts To Cjn’s Suspension - Edoman - 01-26-2019
Eniola Akinkuotu, Abuja
The Nigerian Bar Association has called on the National Assembly to save Nigeria from what it described as a “coup against the judiciary.”
The NBA said this in a statement by its President, Mr. Paul Usoro (SAN), on Friday while reacting to the suspension of the Chief Justice of Nigeria, Justice Walter Onnoghen.
The association said in a statement titled, ‘Coup against the Nigerian judiciary and suspension of the Nigerian constitution,’ that President Muhammadu Buhari acted against the constitution by removing Onnoghen and swearing-in Justice Ibrahim Mohammed.
The NBA said, “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. 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.”
The association said the ex parte order of the Code of Conduct Tribunal which the President relied on in suspending Onnoghen was an abuse of court processes.
It added, “The NBA 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. 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, among others.”
https://punchng.com/nba-urges-national-assembly-to-save-nigeria-as-buhari-suspends-cjn-onnoghen/