Onneghen’s suspension is a coup— Lawyers, activists

Suspended Chief Justice Onnoghen over asset declaration

By OBINNA EZUGWU

The suspension of the Justice Walter Nkanu Onnoghen as Chief Justice of Nigeria, and the subsequent appointment of Justice Tanko Mohammed as Acting Chief Justice by President Muhammadu Buhari on Friday has certainly not gone down well with legal practitioners in the country.

For many, the president not only acted in breach of the constitution, but also in total disregard of the court which is still handling his case. Justice Onnoghen is will go into the record books as the most humiliated Chief Justice in the country’s recent history, and incidentally, the first from Southern Nigeria to occupy the post in over 30 years.

“His suspension is a premeditated action. We are not surprised,” said Bar Aremo Oladotun Hassan, chairman Nigerian Bar Association, Lekki Forum.

Hassan says Buhari’s action is “an insult to the principle of separation of powers, a serious setback to the country’s democracy and a leap towards dictatorship.”

“To remove the CJN, you must go through the NJC, what happened is a coup. Buhari has committed an impeachable offence. I call on the National Assembly to do the needful if they are serious about protecting our democracy.”

He advised the Acting CJN not to allow himself to be used to destroy the judiciary, otherwise he will live to regret it, just as he called on legal professionals to stand up and fight.

Justice Onnoghen, 68, had spent nearly 40 years of his illustrious legal career sitting on the hallowed benches of some of Nigeria’s highest courts, pronouncing judgements. But over the past few days, the Chief Justice has witnessed a dramatic twist of fate, the judge has become the judged. His just over one year reign as Chief Justice of Nigeria (CJN) has effectively come to a catastrophic end. But it’s a scenario that could shake the country to its very foundations, and redefine its democracy.

“The president is contriving a constitutional crisis,” said Chief Goddy Uwazurike, senior lawyer and president emeritus, Aka Ikenga, an Igbo think tank group.

“The president on May 29, 2015, placed his hands on the Quran and the constitution of the federal republic of Nigeria and swore to uphold the constitution. That same constitution stated clearly how a Chief Justice can be appointed and how he can be removed. The president has no power, whatsoever, under that constitution to suspend the CJN.

“The process of the appointment of the CJN is through a recommendation by the NJC, and it’s that same way that he can be removed. And the shameful thing is that the case against the CJN is still in court.”

It’s a matter that has intensely polarised the country. When on Friday, three weeks ago, news broke that Onnoghen was being charged by the Code of Conduct Bureau (CCB), and would be subsequently arraigned before the Justice Danladi Umar led Code of Conduct Tribunal the following Monday, on allegations of failing to disclose his assets as prescribed by law, as well as of operating domiciliary foreign currencies account that comprised of Dollars Account, Pound Sterling Account and Euro Account, it may not have been entirely unexpected given, especially the circumstances of his appointment, his standing in President Muhammadu Buhari’s government – an odd man out, sort of, being the only Southerner heading a critical arm of government, or indeed, holding any strategic post in a government many say is evidently, exclusively Northern.

“Buhari is running a Northern government,” said Hassan who is also founder and president, Yoruba Council of Youths Worldwide.

“As it is, the IGP is from the North, the Chief of Army Staff is from the North, the Attorney General is from the North and so on, now we have a CJN who is also from the North. Remember, we had a case where an Acting DG is DSS who is from the South South, Mathew Seiyefa, was removed in a matter of days and a retiree from the North brought in to replace him. That is crass nepotism. We cannot continue like this.”

The CJN was accused by a group, the anti-corruption and research based data initiative, headed by Denis Aghanya. Mr Aghanya is a former official of President Muhammadu Buhari’s defunct political party, Congress for Progressive Change.

Since the government moved against the Cross River born justice on three weeks ago, controversies have continued, meanings have been read into what the possible motives of the government may be. An unexpected scenario in a clime where the polity is becoming increasingly polarised, and even the fight against graft has taken religious, ethnic, and party identity. Nothing is taken on face value.

The Buhari government had, of course, presented it as part of its anti corruption drive – even though the President has, as he has done time and again, claimed to have been unaware of proceedings until Saturday – but for a government that had brazenly looked away when individuals within its fold are accused of indulging in graft, even when caught on camera, and which continues to welcome “corrupt” opposition figures with open arms into its fold, the idea that it is about corruption, for many, simply does not sell, especially because it’s just a matter of days before the 2019 elections and Onnoghen, as chief justice, would be in a position to assign judges to handle post election cases.

“You can’t just wake up and remove the man who will appoint those that will head election tribunals, and who will give the final judgment if a case goes to the Supreme Court just days to the election. It’s so clear what the motive is, so nobody should come and talk grammar,” said Chief Tola Adeniyi, author, columnist and administrator.

“If you are talking about people being accused, Buhari was accused of forging WASCE results, did he resign? Was he charged to court? Babachir Lawal was accused of spending millions cutting grass, the man is still there. He is one of the campaign directors of Buhari. There are so many of them like that. This double standard will not work.”

There is a strong allegation that Buhari, unsure of his fate in the upcoming presidential election, wanted Onnoghen out because he couldn’t trust him to protect him and his party’s candidates in the event that they rig themselves back to power.

In his article last week, US based professor of Communications, Farooq Kperogi claimed to have learned from Aso Rock sources that Buhari had, upon realising how difficult it might be for him to retain power following the wave of defections from the APC, hit his fist on the table in a fit of anger and swore he would never hand over to Alhaji Atiku Abubakar, his main challenger, and will, at worst, call in the military to take over.

Following Onnoghen’s removal, Kperogi noted: “Buhari ended Nigeria’s democratic journey in 1983 in khaki, he will end it again in 2019 in babariga.”

Onnoghen’s removal some allege, is part of a plot to retain power at all costs. Indeed, it also formed part of the allegations former President Olusegun Obasanjo raised against him in his explosive letter fortnight ago.

It’s same allegation made by former Information Minister, Edwin Clark, few days ago in reaction to the Onnoghen’s trial. “There is nothing to show that he is corrupt; simply because they want to rig this election, they want to remove him to put somebody who will do their bidding after the election; otherwise, there is no basis for harassing the judiciary,” Clark said.

He reminded that, “Yesterday, it was the Acting Director General of the Department of State Security Services (DSS), Matthew Seyeifa who was removed and somebody who was retired was appointed to take his place.”

A very senior lawyer who said he didn’t want his name in print said Onnoghen’s suspension is “a very scary development.”

“I’m scared, I’m very scared for our country. Anything can happen from now. I didn’t believe Buhari can do this when I first heard it. Our country is in danger.”

Given the fact that Buhari had shied away from appointing Onnoghen as CJN in 2017, even though he had risen to position in line with the long established succession arrangement of the National Judicial Council (NJC) – indeed, It had taken agitations by opinion leaders for Onnoghen to be named Chief Justice, instructively, by Vice President, Yemi Osibanjo, whilst Buhari was away to London on medical leave – the ethnic colouration had also been played up.

Some have argued that Buhari never wanted the CJN in the first place for being a Southern Christian, as according to them, the president has shown he prefers only core Northerners. It is in the light of this that prominent leaders of the South South, Onnoghen’s zone, have risen to fight for one of their own.

Governors of the South South, including Emmanuel Udom of Akwa Ibom, Ben Ayade of Cross River, Ifeanyi Okowa of Delta and Nyesom Wike of Rivers, had also issued a communique after an emergency meeting in Abuja, warning that the action against the CJN was a “grave and dangerous” escalation of assault on the institutions of state.

“We note that under Section 158(1) of the 1999 Constitution, the National Judicial Council, has ample powers to deal exhaustively with matters pertaining to allegations of misconduct and discipline of Judicial officers,” the communique read.

“Specifically, the NJC has the powers and clear procedures for investigating allegations, and recommending appropriate sanctions or disciplinary measures against judicial officials as a matter of first instance before any further steps.”

Niger Delta agitators in their own statement, threatened to “mobilize all Niger Delta fighters and commence serious actions that would shake the country and the world” if the Presidency failed to stop “harassment of Onnoghen.”

The legal profession had also risen to condemn what they saw as Buhari’s continuing attempt to suppress the judiciary and ultimately turn himself into a dictator.

The Nigerian Bar Association, in a strong worded statement, said it followed a pattern to a consistent assault on Federal Government Agencies.

“If one contemplates the fact that the CCT arraignment is scheduled to take place on 14 January 2019, we have in total a record number of 3 (three) working days between the receipt and processing of the petition, investigation, preparation of charge and ancillary processes and the arraignment!” the NBA said in a statement by its president, Paul Usoro.

“Such unprecedented speed and efficiency in Nigeria’s criminal justice administration! It is clear, given the rush with which this matter was conducted by the CCB, that the NJC was not privy to it and did not conduct its mandatorily required disciplinary processes prior to the filing of the Charge before the CCT.

“As a final point, it is also difficult for a disinterested observer not to see a pattern of consistent assault by agencies of the FGN on the heads of the two independent arms of government.”

Femi Falana (SAN)  in his own intervention, described the move as a “prosecutorial misadventure,” and called on the justice minister, Abubakar Malami, to immediately withdraw the charge.

Lawyers were almost in unison, to fight what they saw as executive indiscretion. Having advised the CJN to shun the CCT on Monday last week – because the charge according to them, was illegal – over 40 Senior Advocates of Nigeria (SANs), and numerous other legal practitioners led by Chief Wole Olanipekun went in his stead, to the tribunal.

The CCT ultimately adjourned proceedings till January 22 after the lead prosecuting council, Aliyu Umar, conceded that Onnoghen was not properly served with the charges and the summons. A Federal High Court sitting in Abuja, subsequently on Monday, stopped the CJN’s arraignment. Justice N. E. Maha who ruled on two separate ex parte motions filed by Centre for Justice and Peace Initiative and International Association of Students Economists and Management, ordered the two parties to maintain status quo till January 17.

An Appeal Court last week, suspended the trial altogether. But that still didn’t deter Buhari.

On Wednesday, the Attorney General, Abubakar Malami, directed the Nigerian Financial Intelligence Unit (NFIU) to freeze five bank accounts belonging to Onnoghen.

The Attorney General said the restriction should be in place pending the determination of the case against Onnoghen at the Code of Conduct Tribunal (CCT). The demand was based on the much criticised Presidential Executive order No. 6 enacted on July 5, 2018.

“First they came for the president of Nigeria Bar Association, some people jubiliated. Now, they have gone for the Chief Justice, some people will still jubiliate,” said Chief Goddy Uwazurike, senior lawyer and president emeritus of Igbo think tank group, Aka Ikenga.

“But they should also remember what Martin Niemöller: ‘First they came for the socialists, and I did not speak out—because I was not a socialist. Then they came for the trade unionists, and I did not speak out— because I was not a trade unionist. Then they came for the Jews, and I did not speak out—because I was not a Jew. Then they came for me—and there was no one left to speak for me.’”

Chief Uwazurike recalls that, “When he (Onnoghen) was to be nominated, confirmed, sworn in … all these things became protracted to the extent that lawyers became embarrassed. Because succession to the seat of CJN is well-known and well respected.”

Lawyers argue that the charge against Onnoghen in breach of the constitution because section 291(1) of the 1999 constitution, as amended, provided that “a judicial officer appointed to the Supreme Court or Court of Appeal, may retire when he attains the age of 65 years and shall cease to hold office when he attend the age of 70 years.

And according to section 292 (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 (1) Chief Justice of Nigeria, President of the Court of Appeal, Chief Judge of the Federal High Court, President of the National Industrial 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) “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”

Yet, some others say that the Code of Conduct for Public Officers does not prohibit operating of an account in foreign currency in Nigeria, but only prohibits operating an account outside the country.

“The charge is incompetent, the procedure is wrong, there is no due process,” noted human rights lawyer, Olisa Agbakoba (SAN) in an interview. “He (Onnoghen) is the head of a branch of government. Nobody can summon him to court, except as prescribed by law. That was not followed.”