A lawyer, Abdul Mahmud have described President Muhammadu Buhari’s suspension of the Chief Justice of Nigeria, Justice Walter Onnoghen, as unlawful, illegal and unconstitutional.
Mahmud said the suspension of Onnoghen and the appointment of Tanko Mohammed as Ag CJN is unlawful, illegal and unconstitutional.
He added, “President Buhari has no powers to suspend the CJN except by an address to the Senate supported by 2/3 members of that chamber as stated in Section 292 of the Constitution 1999.
“This is not a military dictatorship, ours is a constitutional democracy that does not admit of this insouciant and reckless behaviour of a President who never contributed to the enthronement of democracy in our country in 1999.@
The section cited by Mahmud:
“A judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances –
(a) in the case of –
“Chief Justice of Nigeria, President of the Court of Appeal, Chief Judge of the Federal High Court, Chief Judge of the High Court of the Federal Capital Territory, Abuja, Grand Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja and President, Customary Court of Appeal of the Federal Capital Territory, Abuja, by the President acting on an address supported by two-thirds majority of the Senate.”
(ii) Chief Judge of a State, Grand Kadi of a Sharia Court of Appeal or President of a Customary Court of Appeal of a State, by the Governor acting on an address supported by two-thirds majority of the House of Assembly of the State,
Praying that he be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct;
(b) in any case, other than those to which paragraph (a) of this subsection applies, by the President or, as the case may be, the Governor acting on the recommendation of the National Judicial Council that the judicial officer be so removed for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or of body) or for misconduct or contravention of the Code of Conduct.
In other words, a sitting CJN can only be removed from office by the president after at least two-thirds majority members of the Senate support such a move. No such matter has been debated in the Senate.