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Tag: Chief Justice of Nigeria

  • Breaking: Trial at CCT: Onnoghen granted bail on self-recognition

    Trial at CCT: Onnoghen granted bail on self recognisance
    *Tribunal vacates arrest warrant issued against suspended Cjn

    The Code of Conduct Tribunal (CCT) has granted bail, on self recognisance, to the suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.

    The CCT Chairman, Danaldi Umar, in a ruling, also discharged the bench warrant issued against Onoghen.

    Umar said since he voluntarily submitted himself, the bench warrant was no longer necessary.

    Onnoghen, who stood in the dock all through the about one-hour long proceedings, pleaded not guilty to the six-count charge on which he was arraigned.

    Details shortly…

  • NJC issues fresh query to acting CJN

    ACTING Chief Justice of Nigeria (CJN) Justice Ibrahim Tanko Muhammad was yesterday given seven days by the National Judicial Council (NJC) to respond within seven days, to a fresh petition written against him by the Action People’s Party (APP).

    The directive came two days after suspended Chief Justice of Nigeria (CJN) Justice Walter Onnoghen got a seven-day ultimatum from the Council to respond to a fresh petition against him by the Economic and Financial Crime Commission (EFCC).

    Both Justices had up till last Monday to respond to petitions earlier filed against them.

    As part of its resolutions at yesterday’s sitting, the NJC also raised a five-man panel to further look into allegations against the Justices Onnoghen and Muhammad.

    The committee is headed by a retired Justice of the Supreme Court, Justice S. A. Akintan.

    According to a statement by NJC’s spokesman Soji Oye, the membership of the new committee was drawn from the NJC.

    The statement reads: “In continuation of its emergency meeting, the NJC accepted the result of the preliminary assessment of the petitions against Hon. Mr. Justice W. S. N. Onnoghen, GCON and Hon. Mr. Justice I. T. Muhammad, CFR that the petitions were worthy of further investigation and should not be terminated under Rule 17 of the Judicial Discipline Regulations of the Council.

    “Consequently, the council constituted a five-member Investigation Committee pursuant to Rule 20 (1) of the Judicial Discipline Regulations under the Chairmanship of Hon. Mr. Justice S. A. Akintan, CON, a retired Justice of the Supreme Court of Nigeria.

    “A new petition against Hon. Mr. Justice I. T. Muhammad, CFR, by the Action People’s Party (APP) was referred to the Hon. Mr. Justice for his comments within an abridged seven days.

    “Council directed the Investigation Committee to work expeditiously, determine all the petitions and responses   and report to Council for a final decision.”

  • NJC gives Onnoghen seven days to defend himself

    The Economic and Financial Crimes Commission (EFCC) has queried the sources of inflows into the accounts of the suspended Chief Justice of Nigeria, Justice Walter Onnoghen.

    It also said its investigation of the CJN indicated that the inflows “are not typical of the financial transactions of a public servant.”

    The anti-graft agency asked the National Judicial Council (NJC) to consider its petition against Justice Onnoghen and asked him to defend himself.

    Although the EFCC is still conducting more investigation on Justice Onnoghen, it forwarded a preliminary report to the NJC for consideration.

    It was gathered that the decision of the NJC will guide the next action on the suspended CJN.

    It was learnt that once the suspension of the CJN is ratified by the NJC or if Justice Onnoghen is asked to proceed on retirement, the EFCC will be at an advantage to grill him.

    But in its petition, the EFCC  said its investigation confirmed suspicious payments into the CJN’s accounts. Such funds  include  $30,000 allegedly paid by a Senior Advocate of Nigeria, Mr. Joe Agi, who was quizzed last week.

    It said the sources of inflows into some of the CJN’s accounts were questionable.

    “From the investigation conducted so far, it is possible that the payments into the various accounts might be bribes. This is because the sources of the inflows into his accounts other than the salary account in Union Bank of Nigeria Plc are unknown and probably fraudulent, and the nature of the transactions (including structured payments) is not typical of the financial transactions of a public servant.

    The preliminary investigation report on Justice Onnoghen reads: “An Intelligence Report that the above mentioned subject was alleged to be involved in a number of bribery and corrupt activities.

    “Upon receipt of the Report, a preliminary investigation was conducted during which the following actions were carried out.

    • A request was sent to the Nigeria Financial Intelligence Unit (NFIU) for a report on the suspect;
    • A letter of investigation activities was sent to Standard Chartered Bank, Union Bank and Heritage Bank to provide the statements of accounts of the suspect;
    • A BVN search through the NIBSS platform was conducted on the suspect and six (6) more accounts were found to be linked or connected to the suspect;
    • The statements of accounts of the suspect were analysed and further to that, a letter was written to Standard Chartered Bank requesting for additional information on suspicious activities in the account.

    In the report to the NJC, the EFCC gave the details of how cash was remitted into the dollar, pound sterling, Euro and Naira accounts

    The summary of the EFCC’s findings is as follows:

    Standard Chartered Bank USD ($) Account:

    • The balance as at September 19, 2016 is $134,525.40;
    • The turnover in the account from October 2012 to September 2016 is $1,922,657.00

    “The following highlights some of the suspicious activities in the account.

    • Pattern of structured payments of $10,000.00 each in 2012. For example, a total of $630,000.00 was credited to the accounts using this pattern.
    • Similarly structured payments of $10,000.00 amounting to $297,800.00, $50,000.00 and $36,000.00 were deposited in the account in 2013, 2015 and 2016 respectively;
    • There was also a credit of $121,116.00 into the account from 2014 to 2016 from Life Friend Plc. The payments were in four installments, of $30,279.00 each. These payments suggest the suspect has investments;
    • A payment of $482,966.00 from Alicia Redemption Pro and shortly after, $800,000.00 was invested in SCB Investment Subscription. We are in the process of verifying these transactions;
    • Other suspicious transactions in the account are credit of $19,764.00 from Pur of Noble and seven (7) payments of $3,250.00 each amounting to $22,750.00 from Lloyds TSB.

    On the operation of the Pound Sterling account by the CJN, the EFCC added as follows: (a.) The balance as at September 30, 2016 was £108,348.00; (b). The turnover in the account from 2012 to September, 2016 was £138.439.00;

    “The following highlights some of the suspicious activities in the account: (1) There was a self -transfer of £40,268.40 into the  account on May 31, 2016;  (2) There were also self-deposits by the suspect of £49,760.00 from July 2015 to September, 2016,” the report added.

    On the Naira account in SCB, the EFCC put the “current balance as at December 18, 2013 was  N1,276,024.65;

    It said: “There was a turnover of N4,462,000.00 from 2011 to December, 2013.”

    “The following highlights some of the suspicious activities in the account:  A transfer of N41,262.000.00 ($260,000) was made from the Dollar account. The money was used to make payment of N41million to Ad hoc Committee on the Sale of Federal Government Houses, suggesting that he bought a property with proceeds of the transfer;

    “The only other significant transactions in the accounts are six (6) structured cash payments of N500,000.00 each and one payment of N700,000.00 amounting to N3.7mlllion from November, 2013 to August, 2016.

    Regarding the Euro account, the report said “turnover in the account from 2013 to September 2016 was €55,154.00 and the  balance as at September 30, 2016 was €55,154.00;

    “There were no significant transactions in the account from 2013.

    Concerning the CJN’s separate Naira Account (Salary Account) in Union Bank, the report claimed that  “the balance as at October 10, 2016 was  N22,510,636.27 although the turnover in the account from September, 2005 to October, 2016 was N91,962.362.49;

    “His salary in 2005 was N240,202.20 and it rose to  N751,082.3 in February 2008. The salary remains within this range till date;

    “He did not spend from the salary account from March 2015 to October 2016. The salary and allowances accumulated to N22,520,636.27 in October 2016 from N6,132 885.24 in March of same year.”

  • Nigerians back Buhari on suspension of CJN

    President Muhammadu Buhari’s suspension of Chief Justice of Nigeria ( CJN ) Justice Walter Onnoghen over alleged failure to fully declare his assets to the Code of Conduct Bureau (CCB) is in order, a poll has revealed.

    66 per cent of Nigerians who participated in the poll on the website of The Nation Newspaper backed the action.

    Only 31 per cent of respondents faulted the suspension.

    Read Also: CJN at CCT: proceedings suspended abruptly

    Buhari suspended Justice Onnoghen as CJN on January 25 over allegations of non-declaration of assets.

    The President immediately swore in Justice Tanko Muhammad to replace Onnoghen in an acting capacity.

    A total of 5,689 Nigerians voted in the poll carried out from January 27 to February 8, 2019.

    3,863 of them are in support while only 1,820 opposed it. 186 voters abstained from a yes or no response, declaring there were unsure of the legality or otherwise of the action.

  • Onnoghen: AGF files 4 processes in Industrial Court

    The Office of the Attorney- General of the Federation (AGF) has filed four processes at the National Industrial Court, Abuja, in the suit opposing the trial of Justice Walter Onnoghen before the Code of Conduct Tribunal (CCT).

    Peter Abang, the claimant who is also a lawyer, had instituted the suit challenging the jurisdiction of the CCT in prosecuting Onnoghen, the suspended Chief Justice of Nigeria (CJN).

    At the resumed hearing of the substantive suit on Thursday, counsel to the claimant, James Igwe (SAN) informed the court that the first defendant (AGF), had on Wednesday served him with four processes.

    The processes were: notice of preliminary objection, counter affidavit to the interlocutory injunction, counter affidavit to the originating summon and application challenging the jurisdiction of the court.

    Igwe, however, said that he had responded to all the processes and was ready to proceed with the matter.

    Counsel to the other parties, however, were not in court except counsel to the AGF, Dauda Lamiri, who told the court that the processes had been served on the other defendants.

    Igwe further pointed out that there was no communication from the parties as to the reasons for their absence.

    He, therefore, suggested an adjournment in the interest of justice to all concerned.

    He equally suggested that all pending applications could be taken on the adjourned date starting with the one challenging the jurisdiction of the court.

    He said the hearing of the substantive originating summon should be considered next.

    Read Also: Onnoghen to CCT chair: you’re a biased, tainted arbiter

    Igwe said it would enable the court to have either a composite ruling or judgment as the case may be.

    The judge, Justice Sanusi Kado, adjourned the matter until March 14 for hearing of the substantive originating summon and all pending applications.

    Kado also directed that hearing notices should be served on all parties and proof of service be kept in the case file.

    The News Agency of Nigeria (NAN), reports that Onnoghen is standing trial at the CCT over alleged false declaration of assets.

    Joined as co-defendants in the suit are Code of Court Bureau (CCB), CCT Chairman, Danladi Umar, Office of the Attorney-General of the Federation and The National Judicial Council (NJC).

    Others are: The Federal Judicial Service Commission, the Inspector-General of Police and the Senate President, Bukola Saraki

  • Onnoghen to CCT Chairman: Why I can’t appear before you

    …Says he is a biased, tainted arbiter

     

    Suspended Chief Justice of Nigeria (CJN), Justice Walter Onnoghen has told the Chairman of the Code of Conduct Tribunal (CCT), Danladi Umar that he cannot stand appear before him (Umar) for trial because he has by his conduct and utterances, demonstrated that he was a biased and tainted arbiter.

    Onnoghen, who argued, among others, that justice is rooted in confidence, said he has no confidence in Umar’s capacity to do justice in his case. He accused Umar of being the sole mind behind the ex-parte order on which President Muhammadu Buhari acted to suspend him.

    Read Also:CCT insists on Onnoghen’s appearance

    The suspended CJN, who described Umar as “a tainted arbiter” by virtue of the charge filed against him by the Economic and Financial Crimes Commission (EFCC), “for receiving money bribe in the sum of N10, 000,000.00 in charge No: CR/109/18 in FCT High Court,” argued that it was impossible for the CCT Chair to act with a fair mind.

    Onnoghen therefore asked Umar to disqualify himself in respect of the non-assets declaration charge pending against him (Onnoghen) before the CCT.

    The suspended CJN made this argument in a motion filed for him on Monday by a team of lawyers led by Chris Uche (SAN).  The content of the motion seems a direct response to the directive given, on February 4 this year, by the CCT Chairman, to the effect that Onnoghen must attend the next proceedings at the CCT for him to be arraigned on the charge pending against him.

    The motion on notice particularly, prayed the tribunal for an order directing “the honourable Chairman of the tribunal, Honourable Danladi Umar to disqualify/recuse himself from further participating in the adjudication of this case on the ground of real likelihood of bias.”

    The grounds on which the prayer is made, include that “the Chairman has constructively convicted the defendant (The Honourable Chief Justice of Nigeria) sought to be arraigned before him without either hearing from him or his being formally arraigned before him.

    “The Chairman authored and signed an ex parte order directing an un-convicted man to step aside on account of a charge not yet before him as the Chief Justice of Nigeria, which is in itself a conviction prior to arraignment and plea/trial.

    “The Chairman had directed the Executive arm of government, contrary to the express provision of the Constitution of the Federal Republic of Nigeria and without reference to the National Judicial Council, the replacement of the office and role of the Chief Justice of Nigeria by his own nominee and appointee in the person of Hon Justice Ibrahim Tanko Muhammad JSC.

    “The Chairman, on 23th January, 2019, entertained a motion ex-parte not moved by any known prosecutor, bearing the same title, charge number and purported accused person/defendant, Hon justice Waiter Samuel Onnoghen, CJN, GCON, dated 9th January 2019, which substantially predetermined the guilt of the defendant, without an arraignment.

    “Consequent upon the above, the learned Chairman (Hon. Danladi Umar), who purportedly moved, made and signed the order, has put himself in the position of prosecutor, judge and jury to the clear prejudice and bias against the defendant.

    “The learned Chairman of the Code of Conduct Tribunal (Hon. Danladl Umar) is a tainted arbiter by reason of a criminal charge at the Instance of Economic and Financial Crimes Commission (EFCC) for receiving money bribe in the sum of N10, 000,000.00 in Charge No: CR/109/18 in FCT High Court by an organ under the supervision of the office of the Honourable Attorney General of the Federation, incidentally the prosecutor and complainant in this matter.

    “With such sword of Damocles hanging over him, and himself not just recusing himself from a quasi-judicial function, is himself not likely to be a fair arbiter, but instead more likely to trade in the charges against him in quasi plea bargaining in the charge against him and enter summary conviction in this proceedings to please the prosecutor.

    “Various comments and decisions/orders made by the Honourable Chairman of the tribunal clearly demonstrate beyond doubt that the Chairman of the tribunal had inclination or predisposition to decide the case in a certain pre-arranged manner without regard to any law or rules of procedure.

    “In the course of the proceedings of this case, the honourable Chairman of the tribunal showed acts of partisanship by making decisions/orders and expressing opinions antagonistic to the applicant and on the other hand demonstrated favourable dispositions towards the respondent.

    “The partiality of the honourable Chairman of the tribunal is not in doubt as there are manifest cases of real likelihood of bias on the part of the Chairman of the tribunal against the applicant by reason inter alia of the disclosures above.

    “The applicant has no confidence in the honourable Chairman of the tribunal to do justice fairly between parties in this case. as he is a man on a mission to please his masters.

    “In spite of the fact that the attention of the tribunal was drawn to four different orders of court, the Chairman, in ruling, abandoned two of the orders and kept on emphasizing on the orders from the Federal High Court and the F.C.T High Court alone supported by Member ll.

    “The tribunal has by the conduct, comments and pronouncements of the Chairman on the 14th of January, 1019 and supported by Member II on the 22nd January, 2019 has predetermined the motion of the defendant, challenging its jurisdiction before even same can be heard.

    “After the rulings of  the 22nd January, 2019, the counsel to the prosecution, again urged the honourable tribunal to make an interim order for the defendant to step aside as the Chief Justice of Nigeria and chairman of the National Judicial Council, but the Chairman of the tribunal in open court stated that the prosecutor should exercise patience, because his motion on notice for stepping aside would be heard at the next adjourned date, which caused all lawyers and members of the public present in court to exclaim in bewilderment before the honourable Chairman struggled unconvincingly to correct himself to the effect that what he meant was for the motion challenging jurisdiction be taken first and thereafter the motion for stepping aside.

    “The honourable Chairman later rightly informed the prosecution counsel, in open court, that he was not going to make any interim order for the defendant to step aside, because the issue of jurisdiction raised was fundamental and then adjourned the matter to the 18th January, 2019 for the hearing of motions.

    “Surprisingly, on the 23rd of January, 2019, a day after the proceedings of 22nd January, 2019, wherein matter was adjourned to the 28th January, 2019, the Chairman and Member 11 purportedly issued an order ex-parte, directing the defendant to step aside as the Chief Justice of Nigeria and Chairman of the National Judicial Council and also directed the President of the Federal Republic of Nigeria to swear-in the most senior Justice of the Supreme Court as the Chief Justice of Nigeria and Chairman of the National Judicial Council.

    “The Chairman and Member II of this tribunal gave the prosecution/complainant/respondent, through the back door, what they seek by their notion on notice dated 10th January, 2019. Following the said order ex-parte, which was never served on the applicant or the National Judicial Council, the President purportedly suspended the Defendant/Applicant from office on the 25th of January, 2019 and appointed Justice Ibrahim Tanko Muhammad as the Acting Chief Justice of Nigeria and Chairman of the National Judicial Council.

    “There is a clear case of bias against the Defendant/Applicant from the facts narrated above. The defendant/applicant has become totally apprehensive of the proceedings of the honourable tribunal and cannot continue in the proceedings because it has become palpable that he cannot get justice from the conduct and disposition of the Chairman and Member II.

    “The honourable tribunal, especially the Chairman, has constituted himself as the prosecutor and accuser of the defendant/applicant and cannot in good and clear conscience continue to be part of the proceedings and trial of the applicant.

    “It is most honourable for the honourable Chairman and Member II to recuse and disqualify themselves from the proceedings so that a person of firm and unbiased disposition can be appointed to preside over the proceedings of this matter.

    “The Chairman has constructively convicted the defendant (the Honourable Chief Justice of Nigeria), sought to be arraigned before him, without either hearing from him or his being formally arraigned before him.”

  • Evans: Absence of counsel stalls trial

    Absence of defence counsel on Wednesday stalled further hearing in the trial of alleged kidnap kingpin, Chukwudumeme Onwuamadike (a.k.a Evans).

    Onwuamadike is facing charges of conspiracy to kidnap, kidnapping and attempted murder before Justice Akintoye.

    In the first charge, Onwuamadike is standing trial alongside Joseph Emeka, Ugochukwu Nwachukwu and Victor Aduba.

    Read Also:Evans: police burned me with cigarette to make me confess

    In the second charge, he is standing trial along with Joseph Emeka, Linus Okpara and Victor Aduba.

    At the resumed hearing on Wednesday, a member of the defence team, Mr Ogedi Ogu, told the court that lead defence counsel, Mr. Emmanuel Ochai, was absent.

    Ogu said that Ochei’s absence could be due the court boycott directive by the Nigerian Bar Association (NBA).

    NAN reports that, in the directive it issued on Monday, NBA asked its members to boycott courts on Tuesday and Wednesday to protest suspension of the Chief Justice of Nigeria, Walter Onnoghen.

    Ogu prayed the court to adjourn the case which, he said, was a sensitive one and should not proceed in the absence of Ochei.

    The prosecuting counsel, Mr Jide Martins, did not oppose the application.

    Justice Adedayo Akintoye consequently adjourned the case until March 1 for further hearing.

    The News Agency of Nigeria (NAN) reports that on Jan. 16, during trial within trial, Onwuamadike denied the confessional statement he made to the police after his arrest in 2017.

    He told the court that he made the statement under duress.

    The accused said that he signed the statement to save him from being tortured to death.

    He narrated how members of Inspector-General of Police (IGP) Intelligence Response Team allegedly tortured and killed in his presence, some others paraded along with him.

    He said that the security agents tortured the victims by suffocating them with plastic bags and threatened to do same to him if he would not cooperate with them.

    He testified that the content of the papers (statement) he signed were not read to him and that there was no video recording.

    Onwuamadike was led in evidence by his counsel, Mr O. I. Ajanuku.

    However, he was cross-examined by Lagos State counsel to prove that he did not make the statement under duress.

  • Gbajabiamila opposes Senate over Onnoghen

    The House of Representatives has flayed the Senate for going to the Supreme Court for the interpretation of the constitution over the case of the suspended Chief Justice of Nigeria, Walter Onneghen.

    In a statement released by the Majority leader of the House,  Femi Gbajabiamila yesterday, the Senate erred in not carrying the House along in the matter

    Gbajabiamika said: “It has come to my understanding that the Senate has gone to the Supreme Court for interpretation of the constitution.

    “Unfortunately the Senate does not have the legal capacity or locus to go it alone.  By Supreme Court (Additional original jurisdiction) Act 2002,

    Quoting  section 20 cap  424 law of the federation of the Federal Republic of Nigeria as amended,  the lawmaker said.

    Read also: Buhari to Imo voters on guber contest: vote your choice

    “The National Assembly can only institute such an action after a resolution by both Houses so to do.

    “I look forward to the courts interpretation but first we must comply with the law. In the absence of such a resolution the Supreme Court lacks jurisdiction.

    Recall that Senate on Monday has approached the Supreme Court to determine if President Muhammad Buhari usurped the powers of the Senate in suspending the Chief Justice of Nigeria.

    However, APC Senator had said on Monday that there’s no time the Senate met and resolved that it should approach the Supreme Court for an interpretstion on the issue of the suspension of the suspended CJN.

  • Pro, anti-Onnoghen protests rocks Abuja

    LAWYERS could not meet yesterday over suspended Chief Justice of Nigeria (CJN) Walter Onnoghen’s fate – no thanks to protests that rocked the venue in Abuja.

    The Nigeria Bar Association (NBA) fixed the meeting to take a position on the suspension of the CJN by President Muhammadu on Friday.

    The pro and anti-Onnoghen protests were infiltrated by miscreants who stormed the meeting venue within the Central Business District (CBD).

    The protesters made it impossible for those against the suspension to air their view as they repeatedly chanted “Ba naso, Ba naso”, “Onnoghen must go”.

    For about three hours, vehicles could not pass as the protesters took over the road leading to the NBA secretariat venue of the meeting.

    Lawyers, who were billed to attend the meeting, could not make it to the venue.

    Security operatives had a hectic time controlling street urchins.

    Reporters were accused by the miscreants of taking side with the lawyers and not reporting their activities.

    The National Coordinator of the Advocacy for Civil Service and Justice, one of the groups protesting at the NBA secretariat, Giwa Victor, said they were not against the prosecution of Justice Onnoghen, but insisting that due process must be followed.

    He said: “We are not saying that Justice Onnoghen is not corrupt, we are not saying that he should not be removed or prosecuted. What we are saying is that due process should be followed and the petition against him should be sent to the NJC for action. There is no law in the land that vests the President with the power to suspend the CJN. Due process has to be followed.”

    Read also: Onnoghen: The wasp on the nation’s scrotum

    Co-Conveners of the National Interest Defenders, Ikenga Imo Ugochiyere, who condemned CJN Onnoghen’s suspension by the President, said the protest marked the beginning of civil action by Nigerians to reclaim their country from the grip of those who have treated “the constitution with disdain, our principles of constitutional governance with scorn and our democratic ethos with contempt and derision”.

    He said: “It is shameful that President Muhammadu Buhari relied on and used a forged and fictitious tribunal order to purport to suspend the CJN and appoint a factional Chief Justice while knowing that the order was forged and fictitious.

    “Nigerians will recall that the petition served on the Code of Conduct Bureau (CCB) against the Chief Justice of Nigeria was received by the Bureau on the 9th January, 2019.

    “The purported tribunal order on which the President claimed he relied upon is also dated the same 9th January, 2019. The motion on notice seeking the same prayers as the purported Ex parte motion is dated 10th January, 2019, the charge filed was dated 10th January, 2019, while the statement of the CJN in answer to the petition was on the 11th of January, 2011.”

    He accused the President of violating the constitution, an action he said amounts to gross misconduct.

    Ugochiyere called on the NBA and the National Judicial Council (NJC) not to stand against what he described as impunity.

    According to him, the swearing in of Justice Tanko Mohammed as an acting CJN was an aberration.

    He said: “The NJC and NBA must order the shutdown of the courts until the illegal suspension of the CJN is lifted and Justice Tanko Mohammed made to vacate the office.

    “The NJC must expel Justice Tanko Mohammed from the bench for accepting an illegal appointment in violation of the constitution and the NJC rules of engagement.

    “The NBA must direct lawyers to boycott the Code of Conduct Tribunal presided over by Danladi Umar until disciplinary action is served on Umar for issuing a fake order that paved the way for impunity.

    “No provision in Sections 157 and 292 of the 1999 Constitution as amended supports the President in purporting to suspend the CJN or swearing in an acting CJN.

    ‘The whole idea of a limited government is that the President’s powers is limited by law and it is ultra vires his powers to act in the absence of explicit legislative authorisation. That is representative democracy at its best which our 1999 Constitution as amended guarantees.”

  • We must vote out this anti-democratic government, says Atiku

    The presidential candidate of the People’s Democratic Party (PDP), Alhaji Atiku Abubakar has called on Nigerians to vote out “this anti-democratic” government and restore Nigeria to the path of true democracy.

    This, according to him, is the surest way to ensure progress and prosperity for Nigerians.

    Atiku, who spoke at the Yar ‘Adua Centre, Abuja, said the country is passing through a difficult moment and that how Nigerians react to this challenge in the following days will determine the fate of the nation’s democracy.

    He described the crisis as needless, but which portends great peril to the system.

    Read Also:Ohanaeze goofs by endorsing Atiku, says Kalu

    Atiku blamed the government for unwilling to subject its conducts to the requirements of the constitution.

    He said, “Meanwhile, I commend all Nigerians and friends of Nigeria who have expressed outrage over the unlawful removal of the Chief Justice of Nigeria, Justice Walter Onnoghen, an action, which constitutes a flagrant breach of our constitution and a frontal assault on our democracy.

    “I want to note the universal condemnation of this unlawful act by all Nigerians, as well as the international community. I need to state that this latest action by General Muhammadu Buhari falls squarely within the pattern of executive lawlessness that has now been firmly turned into statecraft by the APC government.

    “The serial disregard of court orders and consequent violation of constitutionally guaranteed human rights of our citizens confirms beyond all doubt that General Buhari and his government would rather obey their own whims and operate by separate rules outside the well-established constitutional order and the rule of law.

    “It scarcely requires emphasis that this behaviour is alien to democratic rule and more in line with that of a military dictator.”

    While admitting that the fight against corruption is crucial to good governance, and progress the country, stressing however that the issue of corruption as it relates to the institution of the judiciary is even more crucial.

    Continuing, Atiku said, “As the last refuge of the common man, our judiciary must not only be above suspicion but must also be seen to be manifestly above board.

    “The issue at stake is not whether the Chief Justice is guilty or not, but whether his removal from office has been done in accordance with the process specified in our constitution.

    “As a democrat, I must say, without equivocation, that no mission or goal, no matter how noble or well-intended, should be used as a pretext for the subversion of our democracy and our democratic institutions.

    “To create a condition that allows the constitution and the rule of law to become secondary to any other agenda is to pave the way for tyranny.

    “History is replete with odious dictators whose path to dictatorship started with statements of good intentions. We must therefore remain vigilant in defence of our democracy.

    “We are all witnesses to how this government has serially assaulted the National Assembly, a separate arm of government that represents the bastion of our democracy.

    “However, with this attack on the judiciary, General Buhari has set a new precedent in our democracy that has no equivalence in our history, not even in the darkest days of military dictatorship. This cannot be allowed to stand”.

    He warned the All Progressives Congress (APC) administration to desist from taking actions that may push the country further down the slippery slope towards a major constitutional crisis that could derail the electoral process.

    He reminded President Buhari of being a beneficiary of a free and fair election, saying that it’s a matter of honour for him to allow a political environment and process that gives confidence to everyone.

    “All my life, I have been a democrat and a defender of democracy. Like all men of good conscience and patriots, I believe this present challenge has imposed on us yet again, the duty to rise in peaceful defence of democracy, for which so many have laid down their lives.

    “I also know that the surest weapon against tyranny is the democratic will of the people. Nigerians have consistently demonstrated their preference for democracy, and I am, and will always remain, on the side of the people of Nigeria.

    “I conclude by expressing, once again, my gratitude to the international community for standing by our country in this challenging time.

    “However, the primary responsibility to resist tyranny and protect democracy in Nigeria ultimately lies with Nigerians. It is on this note that I call on all Nigerians to seize the opportunity of the coming general elections to vote in defence of democracy and the rule of law.

    “We must vote out this anti-democratic government and restore our country to the path of true democracy, which is the surest way to ensure progress and prosperity for our people”.