The Code of Conduct Tribunal (CCT) last Thursday, January 31, announced that it was proceeding with the trial of Chief Justice Walter Onnoghen. It will be recalled that on Monday, January 28th, the CCT had adjourned the matter sine die awaiting the decision of the Court of Appeal on the application for stay of proceedings. On January 31, the Court of Appeal dismissed Onnoghen’s suit against his trial, which apparently paved the way for the CCT to return to the matter. The issue of the suspension of the CJN and purported replacement by an Acting Chief Justice had raised serious constitutional questions and seen President Buhari being criticised for the constitutional breaches.
- Situation Room issued a statement on Saturday, 26th January 2019, condemning the purported suspension of the CJN and calling for a reversal of this action.
- In its reaction, the Senate which had earlier announced that it was reconvening on Tuesday 29th January, to debate the issue, cancelled the meeting because the issue has become subjudice. The Senate had filed a suit before the Supreme Court seeking among others, “an order to reinstate Justice Walter Onnoghen as the Chief Justice of Nigeria” and asking the Court to “declare the suspension of Onnoghen without the support of two-thirds majority of the Senate as a violation of section 292 (1) (a) (i) of the Constitution.”
- Still in relation to the matter, the Nigerian Bar Association (NBA) took a decision to embark on a 2-day warning boycott of courts nationwide, to start on Tuesday, 29th January 2019. The decision was taken by NBA’s National Executive Committee during an emergency meeting convened to discuss the matter. According to the NBA President, Paul Usoro (SAN). While some States adhered with the directive, there was partial adherence in a number of States and Courts still sat in some other States.
- The National Judicial Council (NJC) held a meeting on 29th January 2019, where it considered petitions filed at its Secretariat against Justice Onnoghen, Justice Tanko and Hon. Danladi Umar (Chairman of the CCT), respectively. The petitions against Justice Onnoghen and Justice Tanko (both of whom were absent from the meeting) were forwarded to them for their responses, which are expected within seven working days. This is against the usual response period of fourteen working days, owing to the gravity of the issues in question. The petition against Hon. Danladi was referred to the Federal Judicial Service Commission. Hon. Justice Umaru Abdullahi, a former President of the Court of Appeal was elected as interim Chairman of the Council and presided over the meeting.
- The recent suspension of the Chief Justice of Nigeria, Walter Onnoghen, has attracted comments from some members of the international community. In a statement issued over the matter, the European Union Election Observation Mission (EU EOM), said that it will “continue to observe all aspects of the elections, including the independence of the election administration, the neutrality of security agencies and the extent to which the Judiciary can and does fulfill its election related responsibilities.” It added that it was very concerned about the process and timing of the suspension of the Chief Justice of Nigeria, Honorable Justice Walter Onnoghen. “With 20 days until the presidential and National Assembly elections, political parties, candidates and voters must be able to have confidence in the impartiality and independence of the judicial system.”
The US Embassy in Nigeria, noted that the decision “undercuts the stated determination of the Federal Government, candidates and political party leaders to ensure free and fair elections.” Its statement said in part: “The Embassy of United States is deeply concerned by the impact of the Executive branch’s decision to suspend and replace the Chief Justice and Head of the Judicial branch without the support of the Legislative branch, on the eve of national and state elections.” It also noted that “the issues raised by this decision be resolved, swiftly and peacefully in accordance with due process, full respect for the rule of law, and spirit of the Constitution of Nigeria.”
On its part, the British High Commission said: It added that: “We respect Nigeria’s sovereign authority and its right to adjudicate on Constitutional provisions but as friends of the Nigerian people, we are compelled to observe that the timing of this action, so close to national elections, gives cause for concern. We encourage actors to maintain calm and address the concerns raised by this development through due process, demonstrating their commitment to respecting the constitution and the impartial administration of the rule of law.”
However, these views did not go down well with the Federal Government. In its response signed by the Senior Special Assistant to President Muhammadu Buhari on Media and Publicity, Mallam Garba Shehu, the Government expressed displeasure at what it termed “undue interference.” According to Mallam Shehu: “Nigeria reserves the right to be insulated from suggestions and or interference with respect to wholly internal affairs and commends international laws, customs and norms that mandate and require nations and the comity to respect this prerogative.” He added that the Federal Government has ensured the independence of all organs, institutions and arms of government to perform their functions