Political Issues
Onnoghen’s Suspension: Does A Lacuna Empower An Institution To Invoke The Doctrine Of Necessity Or Act With Impunity -By Ifeanyichukwu Mmoh
Oh yes it does. But whether the discretionary powers of the institution required that it acted in the interest of the federal republic of Nigeria or against it and in a parochial manner is not exactly clear. This, I believe is reason why the suspension of embattled CJN Walter Onnoghen has stirred the hornet’s nest. Overtime, a lacuna – because it does allow a person or an institution to act as they deemed fit – has been misused by ambitious and parochial minded leaders who (in the name of doing public good) carry out very personal or anti-people stunts.
Several points in the CJN’s saga actually do beg for clarifications. First, it was alleged that the CJN did not disclose all of his foreign accounts. This, the CJN admitted as an oversight on his part and, should therefore – according to the positions held by very respected legal minds – have amounted to a no case. Secondly, we were told that millions of dollars are found in those accounts. On this allegation, a competent court was yet to say whether or not if the monies are legitimate or a corrupt enrichment.
Thirdly, a suspension was effected against the CJN without a valid court order to do so. And if we also call to mind that this same institution called the presidency has a valid court order that required it to release Sheikh Ibrahim El-Zakzakky from detention since 2016; the question becomes: Why the haste to remove Walter Onnoghen? Recall also that it was until the civil society groups had mounted an unbearable pressure on the Presidency that Engr.
I can go on and on to mention several areas where the law was clearly disregarded by this same institution that claims to act in the interest of the federation in this instance. The former SEC DG Munir Gwarzo and the former scribe of the NHIS Prof. Yusuf Usman, are two cases that are as provoking as the CJN’s yet nothing is done about it. The sack of Col. Lawal Daura (rtd) of the DSS is one that should attract a follow up of the law but is been swept under the carpet.
While not giving in to sentiment or bias; it is necessary to now question the legality of exploiting a lacuna in law to do damage instead of good and what it portends for our nascent democracy if a lacuna continued to be without definitive features that could make it of use in a positive way. Unlike the Doctrine of necessity which is clearly instinctive or envisaged situations where a lacuna existed and demanded an urgent as well as a proactive measure; a lacuna is only a gap that is not sure to be filled with the right actions always.
I think that if a lacuna is made to be exploited only when what is legally right is to be done; Nigeria will be a better place. For our nascent democracy to be bastardized, collapse or be abused in the name of exploiting a lacuna that existed in the Constitution is to appear – in the eyes of the world – as people without the willingness to act with civility. It is annoying to note that despite the clarity of relevant sections of the 1999 constitution (as amended) about the removal of the CJN, the government moved ahead to show impunity.
Impunity that they now seek to legalize by hiding behind a supposed lacuna. And I ask: They promised us CHANGE; what are they doing differently from the deeds of the governments of Chief Obasanjo and Dr. Jonathan before now? Also, the nomination and subsequent appointment of Tanko Mohammed – a Sharia court judge – is a signal that Onnoghen’s ouster is simply to pave the way for the APC to use the judiciary for the purposes of legitimizing what they are about to carry out during the coming elections.
Let us not be deceived, Onnoghen’s ouster is what the powers-that-be in ASO ROCK only wanted. If you are in doubt; watch what will follow with the case. I can tell with authority that the case will die as the federal government will give no time at all to whatever the courts will say and will not even show that they are in a legal battle with anyone. My argument here is simple and it is that even though an institution can invoke the doctrine of necessity because of a lacuna, it is not the same thing as to act with impunity.
What the president’s action translates to count for a brandishing of illiteracy – because it is illiterate to act with impunity in the face of the law – in such a way that Nigeria now looked quite foolish if she allowed for a re-election of President Muhammadu Buhari and his gang of jihadist to power after February 16th, 2019. The suspended CJN is another victim to suffer from Nigeria’s highly flawed constitution. His fall is a reminder that as far as true democracy was concerned; it is not yet Uhuru.
The undoubtedly powerful presidency is still a clog in the wheel of progress for enthronement of the rule of law. Therefore, those who applaud the president today must be careful lest they become victims tomorrow. Democracy or the rule of law means nothing to these persons in power. You just read of arson in INEC’s office in Abia state where PVCs in their thousands are melted by fire. Naija voters; for the APC, DIS ELECTION NA DO-OR-DIE AFFAIR. So, don’t be fooled by the crowd; Buhari’s lost market value.
Comrade Ifeanyichukwu Mmoh is an advocate for attitudinal change, a researcher and authored (THE ORIGIN OF IGBO MARGINALIZATION IN NIGERIA). 08062577718.
