The Nigerian Senate has petitioned the nation’s highest court, seeking clarification whether President Muhammadu Buhari acted ultra vires –beyond the powers of his constitutional competence –following his decision to suspend the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, outside the prescribed constitutional process.
“Earlier today, the Senate filed a case in the highest court of the land, the Supreme Court, seeking its interpretation on whether President Muhammadu 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,” Yusuph Olaniyonu, Media adviser to Senate President Bukola Saraki said in a statement Monday.
The Senate had convened an emergency session for Tuesday to discuss the suspension of the CJN but the session was cancelled after the Senate instead decided to go to the apex court to challenge the President’s action, Nelson Ayewoh, the Senate Clerk explained in another statement.
“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. Therefore, in line with the standing rules of the Senate not to debate issues that are already pending before the court, the reconvening of the Senate tomorrow has been put off. The previous adjournment of the Senate till February 19, 2019 stays.”
The Senate will resume on February 19, 2019 as scheduled when members adjourned last week for the general election, beginning with the Presidential and National Assembly elections on February 16.
Senate President, Saraki called the suspension of Justice Onnoghen a coup against democracy. He said the unilateral suspension of the CJN by the president without following the provision of the constitution, amounted to gross misconduct. Saraki said Buhari’s action has “initiated a process the consequence of which nobody can predict.”
President Buhari replaced Onnoghen on Friday, sparking outrage that he had breached the constitution and was trying to manipulate the judiciary. The EU, UK and the USA each issued statements at the weekend expressing concern at the development, as elections are due on February 16.
But Garba Shehu, Special Adviser to the President on Media said in a statement that there was no connection between the elections and Onnoghen’s suspension. “The CJN (Chief Justice of Nigeria) does not run the election. Nor is he the first arbiter of any electoral complaints. He and the Supreme Court will only get involved as the final arbiter at the end of the appellate process…To link the CJN to the elections in this way is illogical unless they assume that election complaints will be filed and go all the way to the Supreme Court.”
Shehu maintained that Onnoghen’s position was “untenable” given the case against him and the president was forced to act because the judge had not stepped down voluntarily. The suspension was temporary until the conclusion of the case, he added. Shehu’s statement was his second against the EU, Britain and the USA, which already have election monitors on the ground. His later comments were more conciliatory in tone than the first, in which the government warned foreigners against outside “interference” in the internal affairs of Nigeria.
Onnoghen is accused of failing to declare foreign currency bank accounts, in breach of rules governing the declaration of assets by public officials. Critics have questioned the timing of the charges against Onnoghen so close to elections at which the president is seeking a second term of office. The main opposition PDP candidate, Atiku Abubakar said Buhari’s action was “a brazen act of dictatorship” in a clear reference to Buhari’s army past. Buhari headed a military government in the 1980s.
Buhari’s critics, including Senate President Saraki, have previously alleged the president is using state security agencies to target perceived political opponents. The president has also been accused of conducting a political witch-hunt, as most of those facing corruption charges are opposition lawmakers.
Onnoghen is facing trial at the Code of Conduct Tribunal, where Saraki was also brought on charges of failing to disclose his assets. He was cleared by the Supreme Court. Under Nigeria’s constitution, the Senate has to approve a motion to remove the chief justice by a two-thirds majority.
