Suspension of the CJN, the President erred and has usurp the supremacy of the CFRN.1999 I have read the statement issued by the President of the Federal Republic of Nigeria as to the reason for the removal of the Chief Justice of Nigeria.
In the statement, the President relied on the ruling of the Code of Conduct Tribunal which ordered that the
Onoghen CJN be suspended pending the determination of the case hanging on his neck at the CCT.
This order purportedly granted by the CCT was given without jurisdiction. The Law is trite that where there is a challenge to the jurisdiction of court, the court must first determine whether it has jurisdiction or not before it could do any other thing in respect of the matter before it. A preliminary objection is pending before this
court and as such, the CCT cannot go ahead with any other thing until the issue of jurisdiction is disposed off.
Second, assuming there was no challenge to jurisdiction, I still submit that the CCT cannot grant this kind of order experte (without listening to the other side). It is like an injunctive relief that will affect the right of a party against whom such is injunction is being sought. The CCT is under obligation to direct the prosecution to serve the motion on the other party for his reaction. This particular action is a rape on constitutionalism which all men of good conscience must condemn.
While a fight against corruption must be fought with vigour, this latest attempt is a rape on the very essence of our democratic experience which if not handled appropriately can snowball into anarchy. The handling of this matter by the Presidency falls below
the standard expected of a Statesman.
Therefore the suspension of the CJN Hon Justice Walter O. is illegal, gross misconduct, a desecration of the temple of Justice, a political robbery orchestrated by judicial rascality, the worst in recent times in Nigeria’s History, a gang up, a civil coup against the judiciary as an arm of government perpetrated by political desperados in high and low places and we must resist this gross illegality with all vehemence, we reject and refuse to acknowledge Justice Ibrahim Tanko as acting CJN unless and until due process of law is complied with, the CFRN 1999 remains the supreme law, the grundnorm, the fontus origo and its letters and spirit must be followed by CCT Danladi, Mr President and Tanko who has fallen to wims and capris of the political desperados.
D S Ameh Esq,
25th January, 2019.