Chief Mike Ozekhome, SAN in his reaction yesterday’s suspension of Justice Walter Onnoghen as the CJN flayed the action as akin to the suspension of the constitution.
He said: “The alleged suspension from office of the CJN is the vilest, thieving, most despicable, ultra vires, undemocratic and brazenly unconstitutional act ever carried out by any government in Nigeria, civilian or military, since 1st January,1914, when the contraption called Nigeria was forcibly contrived through the amalgamation of Northern and Southern Protectorates.
The desperate act of a sit-tight president constitutes a direct suspension of the Nigerian Constitution and the entire democratic process. “It has finally removed the remaining veneer of pretension to democratic credentials by Buhari and his all-conquering cabal. Welcome, Nigerians, to full-blown dictatorship, absolutism, authoritarianism, and fascism.
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 cannot 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, “acting on an address supported by two-thirds majority of the Senate”.
When did the Senate meet to donate this power to the president? NEVER.
