Acting CJN insists no law or procedure was breached in Onnoghen’s suspension

Acting Chief Justice of Nigeria (CJN), Justice Ibrahim Muhammad, has said President Muhammadu Buhari breached no law or procedure in suspending former CJN Walter Onnoghen based on an ex-parte order by the Code of Conduct Tribunal (CCT) on January 25, 2019.

Justice Muhammad made this statement while responding to a suit filed before the Federal High Court, Abuja by the Incorporated Trustees of Malcom Omirhobo Foundation.

The suit is challenging Onnoghen’s suspension with the argument that President Buhari lacked the constitutional powers to unilaterally suspend and/or remove a sitting CJN from office.

However, in a counter-affidavit filed for him by his team of lawyers led by Lateef Fagbemi (SAN), Justice Muhammad insisted that President Buhari breached no law or procedure in suspending Onnoghen.

Muhammad argued: “Any public officer found guilty of the breach or violation of code of conduct can be ordered to vacate the office he is holding as the consequence of the breach or violation of the code of conduct.”

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Additionally, Justice Muhammad stated he committed no offence by submitting himself to be sworn in acting capacity following the order of the CCT, adding that it was to prevent the vacuum that would have been created by Onnoghen’s suspension.

The acting CJN, who stated that Onnoghen has since resigned after his suspension, argued that neither him, nor the President did any wrong in their handling of the Onnoghen case.

Justice Muhammad added: “The 5th defendant (the President) has the power to remove or suspend any person occupying the office of the Chief of Nigeria being the appointing authority.

“As at January 25, 2019 the order of the Code of Conduct Tribunal also directed the 5th defendant to swear in the most senior Justice of the Supreme Court as the Acting Chief Justice of Nigeria.

“It was pursuant to the said order of the Code of Conduct Tribunal that the 5th defendant appointed the 3rd defendant as the Acting Chief Justice of Nigeria.

“In the circumstance, I know as a fact there was no need for a recommendation of the 2nd defendant (FJSC) to the 1st defendant (NJC) or of the 1st defendant to the 5th defendant (Buhari) before the erstwhile Chief Justice of Nigeria could be suspended from office.

The reliefs sought by the plaintiff include a declaration that Justice Muhammad “is not a proper and fit person to be recommended by the 2nd defendant (the Federal Judicial Service Commission) to the 1st defendant (the NJC) and by the 1st defendant to the 5th defendant (Buhari) for appointment to the Office of the CJN”.

The plaintiff argued that, by accepting to be sworn in as the Acting CJN, while Onnoghen was lawfully suspended, Justice Muhammad “conducted himself in a manner that cast doubt of confidence in his integrity and impartiality of the Judiciary and having made himself a tool used in the violation of the Constitution of Nigeria”.

Listed as defendants to the suit are the National Judicial Council (NJC), the Federal Judicial Service Commission (FJSC), Justice Muhammad, the Federal Government, Buhari, the Attorney-General of the Federation (AGF) and the Senate.

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