A former President of Nigerian Bar Association (NBA), Olisa Agbakoba (SAN) has criticised the acting Chief Justice of Nigeria (CJN), Tanko Mohammed for accepting President Buhari’s appointment.

Mohammed was sworn in on Friday, January 26, 2019, after Justice Walter Onnoghen was suspended by the President.

Onnoghen was arraigned before the Code of Conduct Tribunal (CCT) after he was accused of failing to declare his assets.

Assault on the constitution

According to Daily Post, Agbakoba described the suspension of the CJN as an assault of the country’s constitution.

The former NBA president also stated that there are existing court orders asking the CCT to maintain the status quo.

He also called on the CJN to resist the attempt to push him out of office by force.

Agbakoba said “President Buhari claims that the suspension of the Chief Justice Onnoghen is pending the determination of the Code of Conduct Tribunal, CCT. This is simply not true. The CCT itself adjourned proceedings in respect of Justice Onnoghen`s matter in order to determine if it had jurisdiction to try Justice Onnoghen. The President`s decision contravenes the Ruling of the CCT.

“There are at least six (6) pending cases in superior courts of Nigeria and one in the Court of Appeal. All these cases ruled that Justice Onnoghen should remain in office pending when all cases against him are resolved. These Rulings bind the President of Nigeria. In any case Section 292 of the 1999 Constitution of Nigeria sets out the procedure for removing or suspending the Chief Justice of Nigeria. The power to suspend or remove the Chief Justice of Nigeria vests in the Senate side of the National Assembly.

“For all these reasons the purported suspension of Chief Justice Onnoghen is the gravest insult to Nigerian constitution in history. It is difficult to understand how President Buhari will expect my vote of confidence in the February polls if he wantonly denigrates and desecrates our Constitution.

“I call on all Nigerians to take the strongest possible view of the President`s conduct. I am shocked that Mr. Justice Mohammed Tanko would have offered himself to be sworn in as the Acting Chief Justice of Nigeria.

“I call on the Chief Justice of Nigeria to refuse to be pushed out of office. The NBA must rise to resist this assault to our constitution. Our judges must rise; Civil Society Organizations must rise. This is potentially the beginning of our descent into constitutional anarchy.”

Ozekhome reacts

Also, another Senior Advocate of Nigeria (SAN), Mike Ozekhome has condemned Buhari’s action, adding that it is a sign of a full blown dictatorship.

He also called on the National Assembly and all lawyers in the country to shut down in protest of Onnoghen’s suspension.

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“The alleged suspension of Justice Walter Onnoghen from office of the CJN is the vilest, thieving, most despicable, ultra vires, undemocratic and brazenly unconstitutional act ever carried out by any government in Nigeria, civilian or military, since 1st January,1914, when the contraption called Nigeria was forcibly contrived through the amalgamation of Northern and Southern Protectorates,” he added.

Meanwhile, the PDP has suspended its campaigns for the 2019 elections to protest the suspension of the CJN by President Buhari.