Hundreds Of Protesters Shut Down
American Embassy
The United States Embassy in Abuja
was stormed by hundreds of protesters comprising of civil society leaders,
lawyers and opposition politicians on Saturday.
The protesters demanded the United States intervened in the
“constitutional crisis” ignited by President Muhammadu Buhari, with the removal
of Walter Onnoghen, as the Chief Justice of Nigeria and the subsequent
replacement with Justice Tanko Muhammad, as the Acting CJN.
They also sent a message to the Nigeria Bar Association
(NBA) to announce a total shut down on Monday, and ban any Lawyer from
appearing or recognising Tanko Muhammed as CJN.
The Acting CJN, stated this on Saturday, in Abuja, during the oath taking and swearing in ceremony of the Judicial Officers appointed to oversee disputes arising from the forthcoming general elections.
“I am delighted to address you all on this occasion of the
swearing-in ceremony for the newly appointed Chairmen and members of Election
Petition Tribunals for the 2019 general elections that are around the corner.
As you Lordships take the oath of Office as Chairmen and members of the Election
Petition Tribunals, let me remind you that this oath is a solemn appeal to
Almighty God. Therefore, it is God Almighty that you will be ultimately
responsible to.
“Therefore, it is from this oath
that your duties and responsibilities as Chairmen and members of the Election
Petition Tribunals in your various places of assignment spring forth, and has a
binding effect. This is an ethical undertaking to justice, as well as upholding
the rule of law in our courts. As such, I implore you to discharge your onerous
duty diligently, and with the fear of God Almighty’’, he said.
Muhammad also said: “The Judiciary is in the trying times,
you must stand to protect and uphold the integrity of this arm of government. I
therefore, congratulate you on this appointment, and I urge you to see this
assignment as a call to greater service to your nation. I encourage you to
uphold and enhance the honour and standing of the Judiciary, and I pray that the
Almighty God will bestow upon you strength, good health, and wisdom, in the
performance of your duties.’
Another voice against the suspension is that of Mike
Ozekhome (SAN), a constitutional lawyer, who described the suspension of
Justice Walter Onnoghen as illegal and unconstitutional.
Ozekhome, who made the claim in a statement on Friday, said the provisions
of the constitution on appointment and removal of the Chief Justice of Nigeria
(CJN) was clear and was not followed by President Muhammadu Buhari. “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 can not 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 when “acting on an address supported by two-thirds majority of the Senate”. When did the Senate meet to donate this power to the president?” Ozekhome asked.
He said Nigerians “should brace up,
come out enmasse, to protest against this illegality. He also said Nigerian
lawyers and the NBA (Nigeria Bar Association) should shut down all courts in
Nigeria until the CJN is returned to his seat. He said this was achieved even
under military dictatorship in Pakistan, when former Pakistani president,
Pervez Musharraf illegally removed from office the then Chief Justice of
Pakistan, Justice Iftikhar Mohammad Chaudhry on 11th March, 2007.
“All the lawyers went on strike,from
15th March, 2007, shut down the courts and protested on the streets for months,
until a panel of 7 members of the Supreme Court sat and held that the removal
was illegal and reinstated the Chief Justice. NASS (National Assembly) should
also shut down in protest.”
The Peoples Democratic Party (PDP) Presidential Campaign Council (PPCO) also condemned the President’s decision and stood in solidarity with Walter Onnoghen by suspending their presidential campaign.
They described the action by the President as a “dangerous and brazen assault on the constitution”, saying that there is no point in campaigning to contest in an election, whose very basis has been so flagrantly undermined.
“In the first instance, we are suspending our campaign for 72 hours. It is our hope that President Buhari will listen to the voice of all lovers of democracy the world over and restore democracy in Nigeria immediately and without qualifications. At the moment, the President has effectively suspended the constitution under whose basis the elections are being contested.
“The action of President Buhari represents a constitutional breach and a direct attack on our democracy. This must never be allowed to stand, as there is no way by which democracy can survive under these autocratic tendencies. We call on all well meaning Nigerians to rise in defence of democracy and save our nation from this imminent slide into tyranny.”
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