CJN: Ozekhome Calls For Mass Protest, Shut Down Of Courts, NASS

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A constitutional lawyer, Mike Ozekhome (SAN) has described the suspension of Justice Walter Onnoghen as illegal and unconstitutional.

Ozekhome
in a statement on Friday he said the provisions of the constitution on
appointment and removal of the Chief Justice of Nigeria (CJN) was clear
and was not followed by President Muhammadu Buhari.

“The
provisions of section 292(2) of the 1999 Constitution are quite clear
on how the CJN can be removed from office. Aside sections 153,158 and
parts 1 and 2 of the 3rd schedule to the Constitution, which provide
that a judicial officer can not be removed from office until he has
first been tried and dealt with by the National Judicial Council (NJC),
Section 292(2) makes it clear that the president can only remove the CJN
from office before the age of his retirement when “acting on an address
supported by two-thirds majority of the Senate”. When did the Senate
meet to donate this power to the president?” Ozekhome asked.

He said Nigerians “should brace up, come out enmasse, to protest against this illegality.

He
also said Nigerian lawyers and the NBA (Nigeria Bar Association) should
shut down all courts in Nigeria until the CJN is returned to his seat.

He
said this was achieved even under military dictatorship in Pakistan,
when former Pakistani president, Pervez Musharraf illegally removed from
office the then Chief Justice of Pakistan, Justice Iftikhar Mohammad
Chaudhry on 11th March, 2007.

“All the lawyers went on
strike,from 15th March, 2007, shut down the courts and protested on the
streets for months, until a panel of 7 members of the Supreme Court sat
and held that the removal was illegal and reinstated the Chief Justice.

He said the “NASS (National Assembly) should also shut down in protest.’

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