Onnoghen

By New Independence Group

The New Independence Group (NIG) received with consternation, news of the purported suspension of Justice Walter Onnoghen as the Chief Justice of Nigeria, by President Muhammadu Buhari.

President Buhari, in a 20-paragraph release tried to justify why he took the illegal step. In paragraph nine (9), he admitted that the case against the CJN has been proceeding in accordance with our laws as it ought to be, but then went ahead to question whether that is in the interest of the nation.

We find the laboured explanations unconvincing and indefensible. We feel mortified that the President, who took an oath to protect, safeguard and uphold the laws of the land will try to justify his self-injection into an ongoing judicial process because he thinks the normal course of justice is not the best for the nation.

The NIG, alongside other concerned groups, has persistently made a case for the overhauling of our laws and judicial process. Sadly, even with a professor of law and Senior Advocate as Vice President, the Buhari regime has not been able to initiate any meaningful rework of our constitution and laws, preferring to rule with whims and caprices where institutional and administrative frameworks are needed.

It is therefore unfortunate that having found, according to him, the judicial process a cog in the wheel of the anti corruption agenda of his administration, the President decided to resort to self-help. The purported suspension of the CJN on an alleged order of the Code of Conduct Tribunal, when there is a subsisting process ongoing at the Appeal Court with a superior jurisdiction, is a flagrant meddling in the judicial process in a way that threatens the principle of separation of powers and the relative autonomy of each arm of government.

President Buhari’s government, already notorious for disobeying court orders, is gradually inching towards a suspension of the constitution in bits and pieces, and its replacement with his own understanding of what counts as justice. It is a significant and dangerous step towards dictatorship, anarchy and political chaos.

President Buhari’s action is at this point more worrisome against the backdrop of the approaching elections, one in which the judiciary is expected to play an important role. It must be said that the reason the role of the judiciary has remained very crucial in the electoral process is because of the refusal of political actors to play by the rules and allow the choices of the people to prevail at every election cycle.

The recent elections held in Ekiti and Osun states, wherein security agencies in connivance with hoodlums are widely reported to have conducted themselves as the militant wing of the ruling party do not offer much hope that the coming general elections will be free and fair. President Buhari’s removal of the CJN is an assault on the judiciary, and further erodes confidence in the electoral process. This is so because at the moment, the suspension of the CJN and the emergence of Justice Tanko as Acting CJN now puts the headship of all relevant agencies in the elections in the hands of a people from a given part of the country.

The mere perception that the control of the armed forces, security agencies, INEC and now the judiciary in the hands of people from a section of the country is a big minus for the first general election under a President who defeated an incumbent in a process widely adjudged to be free and fair.

The NIG urges the President to consider the larger interest of the nation and desist from further heating up the polity with actions that portray desperation on his part to hold on to power at all cost. More important, he needs to develop a robust approach to fighting corruption, rather than sticking to the selective and political prosecution which since previous regimes has proven to be ineffective. The fight against corruption, if it must succeed, must be institutional, enduring, fair and all-embracing. Shielding party faithful while hurling those perceived to be in opposition before the courts in a manner that not only embarasses them but also makes mockery of the judicial process is not a good way to decisively curtail the menace of corruption.

The NIG also calls on all Nigerians to rise in defence of the law and its processes, for to do otherwise on account of partisan or emotional affiliation is not to send a strong warning to future despots who may wish to cite this as a precedent. While our laws may be in dire need of reforms, we need to abide by them while they subsist. President Buhari cannot, and should not arrogate to himself the power of a Leviathan which enforces the law even while outside it.

We at the NIG call for the immediate reinstatement of the CJN, and his prompt trial in accordance with the laws of the land. We must make haste to say that the allegations against him are of such grievous nature that cannot be swept under the carpet. It is therefore our hope that there will be a return to the path of constitutionality and openness in the trial, to afford Justice Onnoghen fair hearing and also ensure he gets just dessert should he be found wanting. We request the commencement of his investigation by the National Judicial Council, from whose proceedings he must recuse himself in this particular case. The NIG is against both judicial corruption and executive recklessness, as both are a threat to a just, stable, free and prosperous polity.

It is also hoped that President Buhari will demonstrate in words and deeds, commitment to a free, fair and transparent elections over the next few weeks. Nigerians have the right to make their choices as they deem fit, and they should have the protection of the organs of the state in doing so. The President needs to take steps that reassure millions of Nigerians as well as the international community that there will be no interference or manipulation of the electoral system. It is the only way to sustain the life of our democratic experiment which though continues to struggle, remains yet unbroken. Nigerians deserve no less.

– Professor Akinyemi Onigbinde, Professor Wale Are-Olaitan, Yinka Olujinmi, Dr Deolu Oyekan for NIG