In what appears to be a turnaround decision, the Senate says it has shelved its plan to reconvene on Tuesday, January 29, and possibly move against President Muhammadu Buhari over the suspension of the Chief Justice of Nigeria, Justice Walter Onnoghen and the swearing-in of Tanko Mohammed as the acting CJN.
The Senate had earlier adjourned till 19th of February to enable members prepare for the presidential and National Assembly elections coming up on the 16th of February.
According to a source, the Senators had intended to meet on Tuesday to consider among others, whether President Mohammadu Buhari has such powers to on his own suspend the CJN without referring to the Senate where a two- thirds majority is required.
National Daily gathered that the Senators had planned to invoke section 292(1) of the Constitution of the federal Republic of Nigeria as Amended.
According to Section 292 of the Nigerian Constitution, “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 – (ii) 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”.
But surprisingly, the Clerk of the Senate, Mr. Nelson Ayewoh, said in a statement signed by him on Monday evening that the planned resumption of plenary has been put off till the earlier date of 19th February.
Though Ayewoh did not give reasons for the cancellation, there are indications that the Senate decided on it after it resolved to approach the Supreme Court for the interpretation of the suspension of the CJN.
Mr Yusuph Olaniyonu, Special Adviser on Media and Publicity to the President of the Senate, in a statement on Monday said upper legislative chamber is seeking interpretation of the apex court on whether Buhari’s action is within the ambit of the Nigerian Constitution.
The statement reads: “Earlier today, the Senate filed a case in the highest court of the land, the Supreme Court, seeking its interpretation on whether President Buhari acted within the provision of the constitution in his suspension of the Chief Justice of Nigeria (CJN), Hon. Justice Walter Nkannu Onnoghen.
“Or whether the action of the President does amount to usurpation of the powers of the Senate as provided for in Section 292 of the constitution.
“Following the filing of the case, the matter of the suspension of the CJN, which is the main issue for which the Senate had planned to reconvene tomorrow, has become subjudiced,” he said.