Sign in
  • Entertainment
  • News
  • 91.Sports
  • Technology
  • YORUBA
Sign in
Welcome!Log into your account
Forgot your password?
Password recovery
Recover your password
Search
Sunday, February 17, 2019
  • Sign in / Join
  • Disclaimer
  • Blog
  • About me
Sign in
Welcome! Log into your account
Forgot your password? Get help
Password recovery
Recover your password
A password will be e-mailed to you.
YBTC NEWS
  • Entertainment
    • Davido-Adeleke
      Entertainment

      Davido, others thrill fans at sold-out concert

      Entertainment

      Why my wedding was private with Simi, Adekunle gold Reveals

      Entertainment

      Rihanna takes father to court

      Entertainment

      Today at YBTC News we celebrate Anthony Olumide Kupe@28

      Entertainment

      Snoop Dogg Receives Hollywood Walk Of Fame Star

  • News
    • News

      2019: KAYOAB Urges Buhari, IGP to call Kano Politicians to Order

      News

      EU Shames, adds Nigeria, Saudi Arabia, others to dirty-money blacklist

      News

      Hajj: Discontinuation of dollar concession saved FG N75b, Says NAHCON

      News

      Bello Shagari, Davido, others bag 2018 Outstanding Youth Awards

      News

      Gender justice: NGO canvasses banning female genital mutilation

  • 91.Sports
    • 91.Sports

      Super Falcons, Asisat Oshoala Joins FC Barcelona

      91.Sports

      Ex 23 striker Abdulrahman Taiwo signs 3year deal with Slovakian side,DAC…

      91.Sports

      NPFL: We will fight for three points in Minna says Edoka

      91.Sports

      Transfer: Fabregas leaves Chelsea to join Monaco

      91.Sports

      Transfer: Suarez finally agrees to join Arsenal from Barcelona

  • Technology
    • Technology

      NITDA Unveils Five IT Guidelines

      Prof. Umaru Danbatta, EVC NCC
      Technology

      2018: Internet users hit 111.6m in December, Says NCC

      DG-NITDA-Ali-Ibrahim-Pantami
      Technology

      NITDA warns Nigerians on use of public internet

      Technology

      TechX to launch ICT initiative in Enugu to curb poverty

      Pantami-DG-NITDA
      Technology

      What NITDA said on Public Internet Access

  • YORUBA
Home 94. Opinion Suspension of the Chief Justice Onnoghen and the ...

Suspension of the Chief Justice Onnoghen and the Political Legalities,by Aroghalu Chidozie

By
Aroghalu Chidozie
-
January 26, 2019
0
240
Share on Facebook
Tweet on Twitter

—Suspension of the Chief Justice Onnoghen and the Political Legalities,by Aroghalu Chidozie

YBTC News—Currently, the hottest argument in the Nigerian space is that bothering on the suspension of the Nigerian Chief Justice, Walter Onnoghen.
With many reactions and outrage, one can understand the importance of this singular action by President Muhammad Buhari.

Many see it as an onslaught on the judiciary while others see it as a political onslaught especially with the 2019 Elections in sight.

It is more controversial owning to the fact that the Chief Justice who was suspended would have set up an election petition tribunal today but for his suspension.

Many say the suspension failed to follow due process while Many are concerned about the suspected lack of respect for the rule of law and separation of powers .

While many reactions have followed , I would take us to what the law says about the removal of the Chief Justice of the federation and the cases there-in.

Section 292 of the Nigerian constitution is concerned with the removal of the Chief Justice of Nigeria.

One of the dilemmas is that this section does not stipulate expressly requirements for temporary removal (suspension) and permanent removal (Outright Sack) , so by interpretation, it is valid for both instances.

Quoted below is the word by word statement in the constitution.

“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.

From the above , it is clear that the removal of the Chief Justice of the country has to go through the Senate and a two-third majority must be gotten.

As far as I know, the matter on the removal of the Chief Justice has not been debated in the floor of the Senate.

The above analysis brings us to core issues surrounding the removal.
For a President that stated fully that he would not sign the electoral bill into law because it may distort the election , why would he be in a hurry to sack the person who is incharge of the tribunal that decide election petitions just three weeks to the election, is that not calling for election distortion?

Also, when judges of the calibre of the Chief Justice of Nigeria are at the mercy of the President who can fire them at will, where is the independence of the judiciary?

Do we still have separation of power or the judiciary is an extension of the Executive?

The law of the Universal Declaration of Human Rights, article 11, states: “Everyone charged with a penal offence has the right to be presumed innocent untilproved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.”, the trail at the Code of Conduct Tribunal has not even being decided before the Chief Justice was found worthy of suspension, what is the use of hearing a case when you have nailed the person even before the judge does?

While I am not against fighting corruption, I believe strongly that the process of fighting any wrong or perceived wrong should not be faulty itself.

Nigeria cannot afford to return to anarchy or afford to return to the days of the millitary dictatorship because a government without the law is not democratic and a government that fails to respect the judiciary is nothing but heading towards downfall.

I would also want lawyers to rally round this situation, it is the Chief Justice today, who is next? If we fail to demand due process then we are opening ourselves to complete professional ridicule and mockery.

Would we be bold to stand firm this time?

Aroghalu Chidozie Law
Writes in From Abuja
He can be reached via

chidozie.law@live.com

Kindly, Share this story with your family and friends

Follow us on Twitter@YBTC News

  • TAGS
  • Aroghalu Chidozie
  • Onnoghen
  • Opinion
SHARE
Facebook
Twitter
  • tweet
Previous articleWhy I Suspended CJN, Onnoghen —Buhari
Next articleOnnoghen: Gani Fawehinmi Won’t Have Joined The Crowd,By Adejumo Kabir
Aroghalu Chidozie

RELATED ARTICLESMORE FROM AUTHOR

Elections: As We Go To Polling Units: Anti-corruption Roles In Credible, Transparent And Peaceful Elections,By Adejumo Kabir

Lessons From IP3 in Washington DC, by Engr. Ibrahim Yakubu

In The Name Of Our Own Dear Native Land, by Aroghalu Chidozie

Tax Matters

Tax Talk

Nigeria Tax Payers hits 35 million— JTB

Aroghalu Chidozie - December 30, 2018
0
—Nigeria Tax Payers hits 35 million— JTB YBTC News—The Joint Tax Board, JTB, says Nigeria’s database of taxpayers has expanded from 20 million to 35...

Types of Taxes in Nigeria: Capital Gains Tax

November 14, 2018

Types of Taxes in Nigeria: Value Added Tax (VAT)

November 3, 2018

TYPES OF TAXES: COMPANIES INCOME TAX

October 27, 2018
0FansLike
388FollowersFollow
9,251SubscribersSubscribe

EDITOR PICKS

JUST IN: CCT Orders DSS, others to arrest CJN, Onnoghen

February 13, 2019

APC Ogun Attack: What Tinubu said

February 13, 2019

Buhari in Ogun: APC to punish Amosun

February 12, 2019

POPULAR POSTS

Ali Nuhu lauds Shehu vs Musa Charity match

July 8, 2018
Dr. ISah Ali Ibrahim Pantami

Pantami: The IT Sector’s Anti-corruption Czar

March 17, 2018

Exam Malpractice: Uniabuja Investigates Peace Corps Boss

May 27, 2018

POPULAR CATEGORY

  • News1235
  • National319
  • 91.Sports212
  • State160
  • Global News157
  • 2019 Presidential Race138
  • Politics116
  • Security84
  • Entertainment81
ABOUT US
YBTC News is your news and entertainment website. We update our readers with daily news and information as they happen in Nigeria.
FOLLOW US
© Copyright YBTC News. Privacy Policy
Edit with Live CSS
Save
Write CSS OR LESS and hit save. CTRL + SPACE for auto-complete.