By Akinwale Fasemore
The flagrant and recalcitrant abuse of power by the President Muhammadu Buhari led administration took a new twist
on 25th of January 2019 with the suspension of the chief justice of Nigeria, justice Walter Onnoghen, on the exparte order granted by the Code of Conduct Tribunal, negating the injunction granted by the Court of Appeal, a superior court of record directing the lower court to stay of proceeding pending determination of the substantive suit over allegation of false declaration of assets instituted against the chief justice of Nigeria . The suspension is a gross violation of the constitution of the federal republic of Nigeria and an aberration on the ground norm of the country.
Section 292(1) of the constitution of Federal Republic of Nigeria (as amended) states clearly the procedures through which a judicial officer can be removed from office including the CJN.
Outlined below is the law requirement as reproduced from the constitution
(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 –
“Chief Justice of Nigeria, President of the Court of Appeal, Chief Judge of the Federal High 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.”
(ii) Chief Judge of a State, Grand Kadi of a Sharia Court of Appeal or President of a Customary Court of Appeal of a State, by the Governor acting on an address supported by two-thirds majority of the House of Assembly of the State, Praying that he 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;
(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.
It is pertinent to note that this crass violation of the constitution by the Muhammadu Buhari led administration portend a huge danger for other arms of government and the country’s democratic sustenance which the president swore to uphold.