Suspension of CJN: Nigeria’s Descent Into Abyss Of Dictatorship Must Stop – Punch Editorial
Reaction have continue to trail yesterday’s suspension of Walter Onnoghen as the Chief Justice of Nigeria (CJN) by President Buhari following his case with the Code of Conduct Tribunal and the appointment of Tanko Muhammad as the acting CJN, the latest of such reaction is coming from the Editorial board of Punch Newspaper who in summary referred the whole drama as a clear negation to the rule of law and one with a dictatorial tendency.
Breaking! President Buhari Suspends Onnoghen, Appoints Muhammed As Acting CJN
The Editorial piece titled ‘A dictator bares his fangs’, published today Saturday 26th January 2019 summarised the whole process as a revelation that the President has finally surrendered all pretense to the rule of law and constitutional democracy by sacking the judicial boss and a constitutional violation with the potential of aggravating tension ahead of the general elections in February and March.
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The Newspaper firm also described the reasons presented by the presidency to justify wielding the whip on Onnoghen as not sufficient enough but borne of the desire to stage a coup on the Judiciary and regarded Buhari’s act as undemocratic.
“Though the President defended his action by citing an order from the Code of Conduct Tribunal directing Onnoghen’s suspension, his action is akin to a coup – a judicial coup in this case. In a subtle way, the President has suspended in part an integral part of the judiciary by illegally intimidating its highest symbol and shamefully deposing him. This undemocratic and high-handed approach advertises Buhari as an anarchist in a civil garb.” The Newspaper mentioned.
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Punch also alleged while giving brief background knowledge on the back and forth that ensued between the Executive and Judicial arms before Onnoghen was finally sworn in as the CJN, that the recent trial of the CJN has not followed the laid down rules of judicial engagement.
Punch wrote:
Onnoghen’s travails began late in 2016. His substantive elevation as the CJN suffered delay by the Buhari government to the bewilderment of the public. Early in 2017, he was eventually nominated by Vice-President Yemi Osinbajo, who was then the Acting President and was sworn into office in March (2017). But the real signs of trouble blew open on January 7 when a civil society group, the Anti-Corruption and Research Based Data Initiative, filed a petition with the Code of Conduct Bureau, accusing Onnoghen of corruption and false declaration of assets. The CCT immediately took over from there, commencing the trial of the CJN. Initially, the Buhari Presidency denied having anything to do with his arraignment. In spite of criticism that the move against Onnoghen did not follow laid-down rules the trial proceeded with unusual speed. But on Thursday, the Court of Appeal, Abuja Division, in its ruling, ordered the CCT to stay action, pending the determination of Onnoghen’s application that the CCT had no power to try him. Before his suspension, Onnoghen was due to swear in members of the National Assembly, governorship and state assembly election petition tribunals.
Punch further condemned Buhari for resorting to self-help in addressing the matter as against the position of the 1999 Constitution which expressly states in the Third Schedule, Part 1 the procedures that should be followed in removing the CJN. The Process according to the media firm should be initiated by the National Judicial Council that comprises of the CJN, Justices of the Supreme Court, the President and Justices of the Court of Appeal; the Chief Judge and Judges of the Federal High Court.
The Editorial also holds that the president’s action remains indefensible when it wrote the following:
Buhari’s action is vile, perfidious and indefensible. It is an action only fit for jackboot regimes, where the constitution could easily be suspended, as the Murtala Muhammed military regime did in 1975 to remove the then CJN, Taslim Elias, from office. By igniting a bevy of crises in the judiciary just a few weeks to the general election, Buhari is apparently adopting Nicolas Maduro’s strategy in Venezuela. In the troubled country, Maduro seized the control of the apex court when he appointed a group of ruling party members to the bench in contravention of the constitution.
Fingers were also pointed to the fact that yesterday’s action by the President was one of many that could plunge Nigeria into a constitutional crisis and derail 20 unbroken years of democratic governance.
“This is not unlike other despotic and undemocratic acts that the government has been associated with in the past, even if it might be considered more audacious, far-reaching and probably unexpected. Buhari’s tenure has witnessed an invasion of a national newspaper, DAILY TRUST, over a publication considered to be offensive by the military. Despite numerous court orders, the Buhari government has refused to release the leader of the Islamic Movement in Nigeria, Ibrahim el-Zakzaky. The cleric and his wife, Zinat, were clamped into detention in December 2015 after Shi’ite members clashed with the convoy of the Chief of Army Staff, Tukur Buratai, in Zaria, Kaduna State. Likewise, the government has disobeyed several court rulings for the release – on bail – of Sambo Dasuki, the National Security Adviser under Goodluck Jonathan, Buhari’s predecessor. Dasuki is being tried for allegedly mismanaging $2.1 billion, fund meant to procure arms for the military to fight the Boko Haram insurgency” Punch alleged.
The Newspaper finally alleged that democracy and democratic institutions have been weakened under the watch of Buhari referring Nigeria as under the grip of a dictator whose descent into abyss of dictatorship must be stopped.
The Editorial has it that:
“On Buhari’s watch, Nigeria’s democracy looks treacherously shaky. In fact, Friday’s action, rightly termed a coup by another name, could only be matched by the invasion of the National Assembly last year by men of the State Security Service in a failed bid to force a leadership change. That was another act of meddlesomeness orchestrated against another arm of government that is the most emblematic of a democracy.”
“Just about two decades after Sani Abacha, Nigeria is, once again, in the grip of tyranny. The descent into the abyss of dictatorship must be stopped. This is the height of lies, denials and impunity that define Buhari’s three and half years rule. To restore sanity, rebuild trust in our fragile democracy, the President should swiftly reverse the dangerous violation of the 1999 Constitution, which he swore to uphold on assumption of office in 2015.”