NANS protests Buhari’s replacement of Onnoghen

• Demands immediate reversal

The National Association of Nigeria Students (NANS) on Monday took to the streets to protest the illicit suspension and urgent replacement of the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, by President Muhammadu Buhari, demanding immediate reversal of the action by the President. The Students Association protested that the suspension and replacement of Onnoghen without the due course of the law is illegal and unconstitutional.

At the protest procession, National Public Relations Officer of NANS, Comrade Adeyemi Azeez, blasted the Buhari administration for carrying out judicial coup with the suspension and replacement of Onnoghen without following constitutional procedures.

Adeyemi was of the view that no matter how grievous the allegations against the CJN may be, the President cannot to resort to self-help to impose sanctions on him.

Adeyemi declared: “The leadership of NANS condemn in its entirety the Friday the 25th of January sacking of Chief Justice of Nigeria, Walter Onnoghen, by President Muhammadu Buhari GCFR. It is a total affront to rule of law and constitutional democracy in Nigeria.

“Unilaterally, and in flagrant violation of the Constitution, he also swore in Tanko Muhammad as the new acting CJN. By this act, the President has precipitated needless confusion in the polity. A shocking action, it will aggravate tension ahead of the general elections in February and March. This poses a great treat to our democracy.

“The NANS frowned at the way President Buhari substantiated his action by citing an order from the Code of Conduct Tribunal directing Onnoghen’s suspension, his action is akin to a coup – a judicial coup in this case. In a subtle way, the President has suspended in part an integral part of the Judiciary arm of government by illegally intimidating its highest figure and shamefully deposing him.

“The petition by the Anti-Corruption and Research Based Data Initiative to the Code of Conduct Bureau, accusing Onnoghen of corruption and false declaration of assets has been challenged by the CJN before s competent Court of law and should be allowed to follow due course. The Court of Appeal, Abuja Division, in its ruling, ordered the CCT to stay action, pending the determination of Onnoghen’s application that the CCT had no power to try hm. We wonder why Mr. President hurriedly suspended the CJN, citing the CCT order.

“No matter how grave the allegations levelled against the CJN, Mr. President cannot resort to self-help in addressing the matter, much against the position of the 1999 Constitution. The Third Schedule, Part 1, the constitution expressly states the procedure that should be followed in removing the CJN. The process is initiated by the National Judicial Council.

“According to Third Schedule, Part 1, Section 21 (b), “The NJC shall have power to recommend to the President the removal from office of the judicial officers specified in sub-paragraph (a) of this paragraph, and to exercise disciplinary control over such officers.” The officers listed therein are the CJN, Justices of the Supreme Court, the President and Justices of the Court of Appeal; the Chief Judge and Judges of the Federal High Court.

The NANS having critically analyzed the circumstances leading to the suspension of the CJN, called on President Muhammadu Buhari to reinstate the CJN and allow due process and rule of law to take its due course in the alleged case of corruption against the CJN.

Some of the students were armed with placards with some of the following inscriptions : “Buhari’s suspension of CJN is mockery to our constitution”, “reinstate CJN for free and fair election”, “Buhari, go home you are not fit”, among others.