CJN Suspension: Tyranny In Democracy -By Oladeji Olaniyan

“It is aspiring tyrants who say that ‘civil liberties end when an attack on our safety begins.’ Conversely, leaders who wish to preserve the rule of law find other ways to speak about real terrorist threats, and certainly do not invent them or deliberately make them worse.” those are the words of a great American author Timothy Synder.

Let me to borrow some lines from a role model’s column in the field, Mr Lasisi Olagunji is columnist with Nigeria tribunes, in one of his column titled “don’t struggle when you are raped” it reads “A Cable News Network (CNN) journalist in a recent report posed as a willing victim of human trafficking to Europe. She was shocked that the Nigerian trafficker asked her not to struggle if she was to be raped in Libya. She was shocked because she is not from here. Here, nothing shocks, riles or irritates the Nigerian.”

The ugly incident and condition the trafficker subject the innocent girl is a clear delineation of the situation in our country, Nigeria. The government will rape us broad daylight. They promise us light at the end of the tunnel. They make us believe the undue traumatic situation is for the betterment of our lives and the dear country. What do we than to kowtow sheepishly to the delusional tantrums called hopes. We endure the trauma. infact we even act as though nothing significant had occurred. At most wail, weep, whine and cry the blues on the social media without any reasonable reaction. They know our itinerary, little wonder why they call us wailing wailers. And that is true weep and wail more like barking toothless dog because their decisions either it is right or otherwise, it will definitely hold. As usual, we let the wound heal and get over it. waiting patiently for the next attack from the oppressors.

25th Friday of January, 2019, a country called Nigeria was ripped of his hard fought and nascent democracy. and a democratic country can only be ripped off her democracy is through a coup d’etat, I think what was orchestrated yesterday was more than a coup d’etat. Going the history lane, the second time Nigeria experienced a coup occurred in January, 1983 led by the incumbent Gensident (General and president) Muhammadu Buhari and it not a coincidence that he is also the perpetrator of the ongoing onslaught on our nascent democracy. The National Assembly, which is the legislative arm is a perpetual customer of the executive onslaught, the likes of Saraki, Dino and Deji can share their respective tragic experiences. The pendulum of onslaught has swing. It’s now the turn of the judiciary.

Surprisingly, our president who is known for his stealthy and languorous attitude when it comes to implementing judicial injunctions developed another gene by acting hurriedly to implement an injunction given by an inferior court of records as opposed to that of a superior court of records. A statement from the office of the president notifying Nigerians that our constitution is not substantial and extraneous when a General is occupying the seat of the number citizen was ignominiously issued, the first line reads “Fellow Nigerians,

A short while ago, I was served with an Order of the Code of Conduct Tribunal issued on Wed 23rd January 2019, directing the suspension of the Chief Justice of Nigeria, Honourable Justice Walter Nkanu Samuel Onnoghen from office pending final determination…” which means the president accord more credence to the decisions of an inferior court of records ahead a superior court. The last line of the puerile statement reads ” In line with this administration’s avowed respect for the Rule of Law, I have wholeheartedly obeyed the Order of the Code of Conduct Tribunal dated 23rd January 2019.Accordingly, I hereby suspend the Honourable Mr. Justice Walter Nkanu Samuel Onnoghen, GCON as the Chief Justice of Nigeria pending final determination of the case against him at the Code of Conduct Tribunal.In further compliance with the same Order of the Code of Conduct Tribunal, I hereby invite Hon. Justice Ibrahim Tanko Mohammed JSC,being the next most Senior Justice in the Supreme Court, to come forward to take the Judicial Oath as Chief Justice of Nigeria in an Acting Capacity.”

Examining the above statement of the president juxtaposed with his antecedents and non compliance with court orders in some notable cases such Adeyanju Deji, Dasuki, El-Zhakzaky and the likes. Without any iota of doubt, there is more to the president apt decision than meets the eye. The Chief Justice of Nigeria maybe culpable but the President is a democratically elected president not autocratic and as such it is demanded and mandatory that he follows the spirit and letters of the grundnorm to the latter. But the reverse is the case his the inception of the president tenure in 2015. There have been countless flagrant negation of the constitutional provisions and the rule of law is claimed to have followed.

In order not to be oblivious or ignorant of the dictates of the constitution, Let examine what is stipulated in the constitution that strongly support or otherwise the suspension or sacking of the Chief Justice of Nigeria. Section 292 makes necessary provisions for the removal of judicial officers including the Chief Justice although the constitution did not distinguish between suspension or removal, here what the constitution make provision for verbatim.

(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 (i) 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.

(2) Any person who has held office as a judicial officer shall not on ceasing to be a judicial officer for any reason whatsoever thereafter appear or act as a legal practitioner before any court of law or tribunal in Nigeria.

From the above provisions of the constitution, the CJN can on be removed after the president send a letter to the Senate and a two third majority vote in favour of before such decision could hold waters. there is no contention about the fact that the president merely acted (suspension and substitution) based on personal discretion and cynical motives. I won’t be taken aback if nothing is done about this issue by the National Assembly and the National judicial council, this is not a case of a Justice Walter Onnoghen but a menace to our nascent democracy and a coup on our constitution. The National Assembly especially, must not allow herself to be gagged or intimated, they must take the bull by the horns and act appositely. In a saner clime, the president be awaiting his impeachment letter or revoke the suspension but this is NIGERIA, we have mastered the art of accepting, tolerating and imbibing all forms of quagmire. We know no shame. We will only cry wolf and forget about it and move on to the next level as they have promised us. Welcome to Nigeria, your oppressors will advice to rejoice when you are been oppressed. To our President, ,Andre Malraux has a simple advice for you, “Then I despair… I remember that all through history, the way of truth and love has always won. There have been murderers and tyrants, and for a time they can seem invincible. But in the end they always fall. Think of it always.”. I hope you will meditate on it Sir.

Oladeji Olaniyan is a student journalist at Obafemi Awolowo University and he can reached through;
Twitter; Oladeji_ymcmb
Email; olaniyanoladeji16@gmail.com