Falana tackles lawyers in Buhari’s govt on illegality of CJN’s suspension

Human rights lawyer, Femi Falana while reacting to the suspension of Walter Onnoghen, chief justice of Nigeria (CJN), by President Muhammadu Buhari said both the bar and bench have played into the hands of those sponsoring fascism in the country. Falana said it is intriguing that the 12 lawyers in Buhari’s cabinet, Vice-President Yemi Osinbajo inclusive, did not dissuade Buhari from carrying out the “illegal suspension.”
“In line with decided judicial authorities I had wanted the National Judicial Council to investigate the allegations,” Falana said.

“In his purported compliance with the ex parte order, President Muhammadu Buhari has announced the suspension of Justice Onnoghen as the chief justice and appointed Justice Tanko Mohammad as the acting chief justice. It’s intriguing that the 12 lawyers, including three Senior Advocates of Nigeria, in the federal cabinet did not deem it fit to dissuade President Buhari from carrying out the illegal suspension of the Chief Justice on the basis of an ex parte order issued by the Code of Conduct Tribunal.

“It is unfortunate that the Bar and the Bench have played into the hands of the sponsors of incipient fascism in the country. For reasons best known to them, the stakeholders in the legal profession stood by and allowed the office of the chief justice to be completely desecrated.”

Citing the case of Elelu-Habeeb v AGF (2012) 40 WRN 1, the senior advocate of Nigeria (SAN) argued that the heads of the judicial arms of the state and federal governments in the country cannot be removed without a prior investigation conducted by the NJC.
“The National Judicial Council should convene and constitute a committee to investigate the allegations leveled against the Chief Justice and make appropriate recommendation to the relevant authorities,” he said.

The lawyer urged the legal team of Onnoghen to challenge his suspension at the tribunal or at the appeal court.