COUP AGAINST THE NIGERIAN JUDICIARY AND SUSPENSION OF THE NIGERIAN CONSTITUTION
1.
The news media has been awash this evening with the news of the
purported suspension of the Chief Justice of Nigeria, Honorable Mr.
Justice Walter S C Onnoghen, GCON by President Muhammadu Buhari, GCFR
and the swearing in of Hon Justice Ibrahim Tanko Mohammed as the acting
Chief Justice of Nigeria. We are told that this was pursuant to an
Ex-Parte Order that was issued by the Code of Conduct Tribunal on
Wednesday, 23 January 2019.
2. The Nigerian Bar Association
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
National Judicial Council.
3. 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, amongst others.
4.
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 Honorable Mr. 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.
Paul Usoro, SAN President
Source:- Politiscngr
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