Nigerians wail as Muhammadu Buhari tramples on the constitution he swore to uphold

NBA: Reverse your decision now

Fayose:  We now have a full blown Hitler in power

Atiku: Save your beloved country from dictatorship

Senate President: It’s coup against democracy

Emmanuel Ukudolo l Saturday, Jan. 26, 2019

LAGOS, Nigeria – President of the Federal Republic of Nigeria, Gen. Muhammadu Buhari(retd) has finally shown his true colour and the direction he is heading. Until, Friday, Jan. 25, many Nigeria still believe Buhari has changed and that he is far from the Buhari who came to power via military coup in December 31, 1983.

It was the day, Buhari chose to desecrate the Constitution of the Federal Republic he swore to uphold by shoving it aside in order to impose his will on the over 150 million Nigerians.

He obtained an order from the Code of Conduct Tribunal(CCT) that had adjourned the case involving the Chief Justice of Nigeria, Justice Walter Kanu Onnoghen  till January 28, upon which he proceeded to remove him. This is taking place just few days after Nigerians condemned former President Chief Olusegun Obasanjo for saying that Buhari is acting like the late military dictator, Gen. Sani Abacha.

Buhari did not consult his able Vice President, Professor Yemi Osinbajo(SAN), a professor of law, neither did he consult, Attorney General of the Federation, Mr. Abubakar Malami  Chairman of the Presidential Committee on Anti-corruption(PAC), Professor Itse Sagay(SAN). He did not deem the advice of his ‘Super Minister’, the Minister of Power, Works and Housing, Mr. Babatunde Fashola(SAN), a direhard advocate for rule of law, he was too busy to consult the Director of Media of the President Muhammadu Buhari Campaign Organisation, the very loquacious, Festus Keyamo(SAN), and the National Legal Adviser of the All Progressive Congress(APC), Mr.Muiz Banire(SAN), who is now chairman of Asset Management Corporation of Nigeria(AMCON) and so many others at his beck and call. I am sure he did not consult even the National Leader of his party, Asiwaju Bola Ahmed Tinubu seen as an icon of Nigeria’s democracy, since they will likely not rubber stamp his whims and caprice.

In a democratic setting such as we have, the Chief Justice of Nigeria can only be removed when the President commits a letter to the Senate who will now impeach the person of the CJN by two-thirds majority vote based on Section 292(1) of the Nigerian Constitution, which states inter alia:

“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 Khadi 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”.

Instead of acting in line with the constitution, President Buhari decided to act like a true military dictator in civilian garb and if he is allowed to go away with this, the next thing will be to annex powers of the national assembly.

However, Onnoghen still remains the CJN from the point of law and by implication Nigeria now has two CJN, Acting CJN in the person of Justice Ibrahim Tanko Mohammed and Justice Walter Kanu Onnoghen and in the process precipitating a constitutional crisis.

If is for this reason that Nigerians are wailing, even as rants of #TyrantBuhari, 48.1k by the last count, litter tweeter. Already, the major opposition party, the Peoples Democratic Party(PDP) has called for sanctions from the National Assembly and the international community.

President of the Senate, Dr. Bukola Saraki  described the suspension of the Chief Justice of Nigeria as a coup against democracy and a deliberate attempt to endanger our hard-won democracy.

“I call on President Buhari to immediately reverse this decision and allow the due process of the law to take its natural course. At this point, all democratic institutions in the country, the international community and democrats across the world should rise against this blatant act of impunity. We must jointly condemn this retrogressive, uncivilized and despotic measure”, he said.

Former governor of Ekiti State, Ayodele Fayose  described the action as nothing but an assumption of  the trait of the late Nazi dictator, Adolf Hitler, stressing that he warned Nigerians.

“A President who chose to obey a Black Market order from the CCT to illegally suspend a CJN but refused to obey Valid Court Orders on El-Zakzaky, Dasuki and others is not different from Adolf Hitler.Now we have a full blown Hitler in charge of our country, acting as if he is law unto himself. But Nigerians will remember that I warned!”, he said.

Presidential candidate of the PDP,  Alhaji Atiku Abubakar called on the electorates to save Nigeria from dictatorship, wondering why President Buhari is so much in haste to remove Onnoghen when the matter is already before the court.

“And to the Nigerian electorate, I call on you to save your beloved country from dictatorship by voting against President Buhari’s desperate war against the judiciary. Our country is falling apart under the leadership of President Buhari and it is time to stand up for democracy. I also urge the international community to follow the commendable example of the United States and the United Kingdom by intervening to make those involved in this undemocratic act know that their actions will have consequences. Strong consequences.

“I want to seize this opportunity to call for unity amongst the judiciary. Do not let the Muhammadu Buhari administration divide you. Do not let this government turn you against yourselves. The judiciary is the last hope of the common man and the defender of our democracy. The case involving the legality or otherwise of the charges against Chief Justice Walter Onnoghen is in court, as it should be. So far, the judiciary has ruled in Justice  Onnoghen’s favour. So, why not allow the court to adjudicate on the matter? What is the pressing urgency?”, he said.

Reacting to the development, body of lawyers in Nigeria, the Nigerian Bar Association (NBA) unequivocally rejected and condemned this attempted coup against the Nigerian Judiciary.

“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 Nigerian Judicial Council.

“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 relief as were contained in the purported ex-parte application, to wit, the  suspension of the CJN, amongst others.

“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.”