Tension Over Looming Constitutional Crisis in Nigeria

Eniola Olayemi

Since the suspension of Walter Onnoghen as the chief justice of Nigeria, and appointment of Tanko Mohammad as the acting CJN by President Muhammadu Buhari, the Nigerian polity is mired in controversy and fear of the impeding constitutional and political crisis

IT has been a trying week for Nigeria and Nigerians across the world. The controversy over the suspension of Justice Walter Onnoghen, the chief justice of Nigeria, by President Muhammadu Buhari on Friday, January 25, and the appointment of Justice Tanko Muhammad in acting position, has helped to raise some constitutional issues about its legality and otherwise. Buhari’s action has, no doubt, raised some dust in polity and scepticism among the members of the comity of nations, which if not carefully tackled may lead to serious crisis in the country, especially now that the nation’s general elections are now just a matter of days away.

The matter is raising so much controversy that many political watchers are afraid that the coming elections may not hold or delayed if all the issues are not carefully and legally addressed to give hope to Nigerian electorate that their votes would count in the elections.

While the situation was spinning into a dangerous bend, the Nigeria Judicial Commission, NJC, mercifully stepped in and on Tuesday, January 29, queried Onnoghen and Muhammad. The two justices were given seven working days to answer the query. The NJC also queried Justice Danladi Umar, the chairman of the Code of Conduct Tribunal, CCT, who is said to be under investigation for corruption. Onnoghen is facing trial for his alleged failure to declare certain parts of his asset.

The legislative arm of the government, on its part, filed a suit before the Supreme Court on Monday, January 28, praying for among others, an order reinstating Onnoghen as the chief justice of Nigeria.

Onnoghen

The suit was filed by Paul Erokoro, SAN, counsel to the Senate, came after it cancelled its scheduled plenary earlier billed for Tuesday, January 29. Nelson Ayewoh, the clerk of the Senate, who announced the cancellation in a statement signed by him, did not give reasons for the action. But he explained that the federal lawmakers would resume on February 19.

In any case, the Senate asked the Supreme Court to declare the suspension of Onnoghen without support of two-thirds majority of the Senate as a violation of section 292(1)(a)(i) of the constitution.

The suit also asked the court to issue an order restraining the two defendants in the suit – President Buhari and Abubakar Malami, the attorney-general of the federation, from continuing or repeating the violation of the constitution and disregarding the power of the Senate in respect to the suspension of the CJN.

In any case, both the NJC’s action and the Senate suit appear to have given a temporary respite to the public debate on the issue of the constitutional right of the president to suspend the CJN when the law saddles the NJC with such a responsibility, including appointment of any judge.

The manner in which Buhari suspended the CJN and appointed an acting CJN has been a big concern for Nigerians and members of the international community that the nation might be heading towards a major political upheaval.

Perhaps, feeling the heat, the federal government has reportedly decided to seek for a political solution to douse the rising tension in the polity. The Nation newspaper report on Thursday, January 31, disclosed that a 12-man Nigerian Bar Association, NBA, team had met with Vice President Yemi Osinbajo, SAN, on how to resolve the row over Onnoghen’s suspension.

Mohammad

The newspaper quoted sources close to the talks that the NBA team, led by Paul Usoro, SAN, its national president and two former presidents had with Osinbajo on Sunday, January 28, night till the wee hours of Monday in a frank session. Also, at the meeting were senior lawyers, including A. B. Mahmood, SAN, an ex-NBA president, Adegboyega Awomolo, SAN, and others.

The leaders of the NBA at the meeting were said to have restated the fact that they disagreed on the procedure adopted by the government in the suspension of Onnoghen. The NBA representatives also reviewed the case and charged that the NJC should have been allowed to handle the matter as required by the law. “They also faulted the government for a allegedly trying to desecrate the Judiciary since Onnoghen symbolises the highest authority in this arm of government.

“At the end of the day, they sought for soft landing for the CJN who has no immunity under the 1999 Constitution.

“They also explained that it was wrong for the Acting CJN, Justice Ibrahim Tanko Muhammad, to have made himself available for inauguration when a ruling of the Court of Appeal was being awaited,” the report said.

Nevertheless, the meeting at the Presidential Villa was regarded as a means to seek a “soft landing” for the CJN, who is expected to resign in what a source described as a “win-win” situation.

According to the report, there is a six-point terms of resolution to be delivered to Onnoghen through his confidants, relatives and friends, who will be expected to persuade him to resign from office or go on retirement.

Indeed, the terms discussed by the NBA at the session were given as follows: the CJN to resign or retire without coercion; Government to withdraw all charges against Onnoghen; no molestation of CJN under any guise; Acting CJN should quit; the NBA team to prevail on relatives, friends to persuade Onnoghen to resign; and consensus on the need to clean up the Judiciary (long term measure).

The VP is said to have assured the NBA team that he will convene their requests to the government.

Osinbajo

A minister in the Buhari government was reported to have confirmed that some representatives of the CJN had opened talks with the federal government on “how to resolve the crisis in the bench” by the two arms of the government.