EXCLUSIVE: The Real Reasons Saraki Couldn’t Proceed With Onnoghen Case At Supreme Court

Bukola Saraki, Senate President, withdrew the Senate’s suit at the Supreme Court challenging the suspension of Walter Onnoghen as the Chief Justice of Nigeria (CJN) because it was clear he was going nowhere with the move, we understands.

On January 28, three days after President Muhammadu Buhari suspended Onnoghen as CJN, the Senate cancelled its sitting for the day and instead filed a suit through Saraki before the Supreme Court praying for, among others, an order reinstating Onnoghen as CJN.

In the suit, marked SC.76/2019, the Senate asked the apex court to declare the suspension of Onnoghen without support of two-thirds majority of the Senate as a violation of section 292(1)(a)(i) of the Constitution.

It also asked the apex court to issue an order restraining the two defendants in the suit – the President and the Attorney-General of the Federation Abubakar Malami – from continuing or repeating the violation of the Constitution and disregarding the power of the Senate in respect to the suspension of the CJN.

The Senate made an about-face on Tuesday February 5, citing trust "in the ability of the National Judicial Council (NJC) to resolve the issues". However, we understands that this position was mere public posturing.

The NJC formally took up the Onnoghen case on January 29 at a meeting from which both the suspended CJN and his successor Tanko Muhammad recused themselves. At the end of the meeting, the NJC gave both Muhammad and Onnoghen seven days to respond to the various allegations against them — meaning that if the Senate truly trusted the NJC in full, that was the day to withdraw the suit instead of Tuesday.

But Saraki did not have the backing of the National Assembly to go to court. To file the suit, he would have needed a resolution of the Senate, which he didn’t get. And it became clear this loophole would be exploited when the Senate caucus of the All Progressives Congress (APC), comprising 56 senators, applied to the Supreme Court to join in the Senate’s suit.

“As you can see, we already protested and we were asked to be joined in the suit,” an APC senator who didn’t want to be named told SaharaReporters. “The Senate never made a resolution to file that suit; and even if there was an attempt at such resolution, it would have died a natural death as we, who have the majority, are firmly with the president on this.”

Also, public sentiment was beginning to count against Saraki after members of the public were reminded of how he sacked the Chief Judge of Kwara State, Justice Raliat Elelu-Habeeb, in 2009 during his tenure as Governor of the state.

However, the Supreme Court eventually reinstated Elelu-Habeeb, with Justice Mahmud Mohammed, who delivered the judgement of a seven-member panel of justices, holding that when all the relevant provisions of the constitution were read together, it would become obvious that a state Governor could not remove a Chief Judge from office without having recourse to the NJC.

“It is not difficult to see that for the effective exercise of the powers of removal of a chief judge of a state by the Governor and House of Assembly, the first port of call by the governor shall be the NJC,” Mahmud had stated back then.

“From these very clear provisions of the constitution which are very far from being ambiguous, the governors of the states and the houses of assembly of the states cannot exercise disciplinary control touching the removal of chief judges of states or other judicial officers in the states.”

Incidentally, Onnoghen was one of the six other justices, the rest being Christopher Chukwumah-Eneh, Muhammad Muntaka-Coomassie, Olufunmilola Adekeye, Mary Peter-Odili and Olukayode Ariwoola.

Interestingly, Saraki lost the case against Elelu-Habeeb at all levels. When he sacked her, she instituted a case against him at the Federal High Court, where she won. But Saraki appealed to the Court of Appeal in Ilorin. In July 2010, the Court of Appeal ruled in favour of Elelu-Habeeb, and Saraki again appealed at the Supreme Court. On February 2012, the Supreme Court, as expected, reinstated Elelu-Habeed.

Finally, Paul Erokoro (SAN), counsel to the Senate, has been one of the numerous SANs leading the lawyers’ revolt against Onnoghen’s trial at the Code of Conduct Tribunal (CCT). On the opening day of the matter at the CCT — way before the Senate dreamed of filing a suit against the Nigerian Government at the Supreme Court — Erokoro was one of at least 47 SANs who trooped to the tribunal in defence of Onnoghen.

Meanwhile, the decision of the NJC on Onnoghen and Muhammad is being expected soon, as the seven-working-day deadline for their responses to the allegations against them will elapse on Thursday.

Onnoghen: CUPP claims Buhari has ordered EFCC to arrest CJN today

The Coalition of United Political Parties (CUPP) has claimed that the President Muhammadu Buhari government, has ordered the Economic and Financial Crimes Commission (EFCC), to arrest the suspended Chief Justice of Nigeria, Justice Walter Onnoghen, today (Wednesday, Feburary 6).

This was contained in a statement forwarded to DAILY POST and signed by the CUPP’s first national spokesperson, Imo Ugochinyere.

It reads: “The Secretariat of the CUPP has uncovered the latest plot by the Presidency to arrest the Chief Justice of Nigeria, Justice Walter Onnoghen tomorrow being 6th February, 2019 and immediately commence their final descent to infamy by forcing him to resign at gunpoint. The latest recruit in this plot against the CJN being the Chairman of the Economic and Financial Crimes Commission has been given the mandate to execute this plot and has been told there would be no margin for error as the CJN must resign from office or from life one way or the other.

“Nigerians will recall that few hours after we leaked information of their evil plot against the CJN, of forcing him to resign at gunpoint, threatening the workers on his farm and harassing his lawyers, they have moved forward their plot and have resolved to get him out of office before the 11th February, 2019 so as to bring to a nullity any decision that may be taken by the NJC at its next meeting on the 11th February.

“The EFCC has also purchased a Magistrate Court Order to detain the CJN for 14 days. It will interest Nigerians to know that from the Interim Investigation Report personally submitted to the Presidency by the EFCC Chairman, which we hereby attach, it will be discovered that the Federal Government is still groping for evidence of any infractions whatsoever against the Chief Justice. They are shopping for just anything. Justice Onnoghen owns only one house which he declared. There are no 55 houses in choice areas nationwide. There are no billions of Naira stashed anywhere in any of the accounts. The report shows just how much that is in the accounts.

“Indeed the Presidency from what can be deduced from the report just directed investigative agencies to find anything just to remove the CJN. It also proves that the Vice President Pastor Yemi Osinbajo lied to the entire nation when he declared that the President did not know about the prosecution of the CJN and that he did not interfere in the functions of the investigative agencies. The report of the EFCC vindicates the Chief Justice. It also makes it clear that the Presidency is engaging in a political war against the CJN solely for the purpose of the 2019 elections. President Buhari knows fully well that Justice Onnoghen will call any judgment through the middle like he did in the legendary minority judgment he delivered in favour of the President during the 2007 Supreme Court judgment following the 2007 Presidential election.

“If Justice Onnoghen was corrupt, was it President Buhari that paid him in 2007 to give judgment in his favour? If Justice Onnoghen was corrupt would the EFCC not have found at least a strand of evidence having investigated him as ordered by the President before his eventual appointment as CJN. It is clear the Presidency know the impeccable character of the CJN and have not found anything with which to put a leash on his neck to blackmail him to do their bidding, they have resolved to force him our of office so as to get a pliable and malleable justice to sanction their planned rigging of the elections.

God forbid they succeed! God forbid the ruin the Nigerian judiciary! God forbid! God forbid! God forbid!

“Nigerians are called upon to arise and wedge these invaders and political buccaneers from destroying our democracy. They are not stopping! They are determined. Hence we make our clarion call again.

“They have arrived at the last door of democracy and they want to pull it down.”

Buhari last month suspended Onnoghen and immediately appointed Muhammed as acting CJN.

Explaining his reason, the President said he suspended Onnoghen, following an order from the CCT, asking him to wield the big stick.

The Nigerian Bar Association (NBA) has already slammed Buhari’s decision to suspend Onnoghen, describing it as an, “attempted coup against the Nigerian Judiciary”.

GANDUJE ORDERS SHUTDOWN OF KANO STADIUMS, BEFORE ATIKU’S CAMPAIGN RALLY, BEN BRUCE FUMES

Senator Ben Murray Bruce has reacted to reports that Governor Abdullahi Ganduje of Kano State, has ordered the immediate closure of the two major stadiums in the state for renovation.

The order was reportedly given by the governor on Tuesday, just as Atiku Abubakar, presidential candidate of the Peoples Democratic Party (PDP) is preparing for his campaign rally in the state in February 10.

TheCable, however reports that A government official told it that the shutdown of the two stadiums – Sani Abacha Stadium situated at Kofar Mata and Kano Pillars Stadium at Sabon Gari – was intended to frustrate the campaign rally of  PDP.

Although spokesman of the Kano State Sports Commission, Abatti Sabo revealed that the shutdown of the stadiums was for renovation purposes only – Ahead of the 2019-2020 Nigeria Premier League.

“As far as I am concerned, this directive doesn’t have a political undertone. The state government was advised to renovate the stadium, ahead of the NPL season.

“The government had now heeded to the advice and ordered for the commencement of the project in order to have smooth conduct of the league. As you can see, the facility is in need of repair and the government has now answered the call for its renovation.”

In his reaction, the senator representing Bayelsa East expressed his disappointment over the shutdown of the stadium, which was used by Ptesident Muhammadu Buhari for his reelection campaign last week.

Speaking via Twitter on Wednesday, Mr Bruce wrote:

I‘m disappointed in Kano’s Government for closing the Sani Abacha stadium on the excuse of renovation. It is a further shame that Buhari watches this. A leader does what is right, not what is easy. We must stop thinking about the next election and think of the next generation.

Elections: INEC hires over 300 boats in Bayelsa

Ahead of the forthcoming general elections, the Independent National Electoral Commission has so far hired over 300 boats to transport its officials and election materials to riverine communities in Bayelsa State.

The Resident Electoral Commissioner in the state, Tom Udoh, told journalists yesterday that this was to ensure that all votes count.

He said: “I want to reassure the people of Bayelsa State that everyone’s vote will count in these elections. We are making arrangements with the boats’ owners association for their services; and so far, we have hired over 300 boats to transport our officials and logistics to the hinterlands to make sure that all votes count particularly in the riverine communities of the state.”

Udoh also said over 80 percent of the Permanent Voter’s Cards in the state had so far been distributed.

He said: “As at today, the percentage of PVCs collection is more than eighty percent, what is left is small, this is due to the level of voters’ education the commission has carried out in the state, the collection rate has been impressive and our staff have been working hard to ensure that all PVCs get to the rightful owners.”

Groups urge women to shun violence during election

As the 2019 election is fast approaching, women have been enjoined to deviate from violence during the electoral process.

Speaking at a women national rally on violence free elections Tuesday, the National Coordinator Women Situation Room, Dr Joy Ada Onyesoh, called on all women to stand for peace as the elections is getting near.

She said they are saying NO to vote buying and violence and also calling on all parties to ensure that there is peace during the election.”
Dr Onyesoh who advised all the citizenry to wake up to their responsibility by collecting the PVC so as to enable them to vote on Election Day also said, ‘we know that a lot of women lost their positions during the party primaries, we still don’t want them to be discouraged, but wait to contest in the next four years, 2023 is just around the corner and we will begin to strategise.”

The Director, Centre for Democracy and Development, Idayat Hassan also urged Nigerian women to vote for the right candidates adding that they want all the political parties to do the right thing while also enjoining all members of the society not to engage in violence during the elections.

She said the percentage of women that registered for the election is high and there is need for full participation while adding that Come 2023, they want to see women taking strategic position during the political process and they will start the involvement from now on, and not wait till the last minute.”

The President, Women in Politics Forum, Ebere Ifendu also called on all Nigerian women to come out enmasse and vote while emphasising that there should be no display of violence during the forthcoming elections.

“We want INEC, the security personnel, and government to guarantee peace during the period of the elections. There should be no fighting, killing and maiming of citizens both during and after the elections. The women need to be assured that they won’t be attacked when they come to vote and assurance should also be given that our children will not be used as thugs.”

Ganduje Orders Shut down of Kano stadiums ahead of Atiku’s rally

Abdullahi Ganduje, governor of Kano state, on Tuesday ordered the immediate closure of two major stadiums in the state.
This is coming five days to the campaign rally of Atiku Abubakar, presidential candidate of the Peoples Democratic Party (PDP).
Atiku’s rally is scheduled for February 10 while the renovation is expected to end on February 18.
The proposed general renovation works include the installation of the new score board, the running track and provision of sources for steady water supply to all parts of the stadiums.
A government official who spoke off the record told TheCable that the shutdown of the two stadium — Sani Abacha Stadium situated at Kofar Mata and Kano Pillars stadium at Sabon Gari — was intended to frustrate the forthcoming campaign rally of the PDP.
But Abbati Sabo, spokesman of the sports commission, said the closure was not targetted at the presidential rally of the PDP presidential candidate.
He added that the renovation work was as a result of the 2019-2020 Nigeria Premier League (NPL) season.
“As far as I am concerned, this directive doesn’t have a political undertone. The state government was advised to order for the renovation of the stadium ahead of the NPL season,” he said.
“The government had now heeded to the advice and ordered for the project in order to have smooth conduct of the league. As you can see, the facility is in need of repair and the government has now answered the call for its renovation.”
President Muhammadu Buhari used the Sani Abacha stadium for his reelection campaign last week

POLLS: MOBILISE FOR BUHARI, SANWOOLU'S TOTAL VICTORY-APC WOMEN LEADER

Women in Lagos State has been urged to mobilize their neighbors, friends and family members to vote en masse for the Al progressives Congress (APC) in the forthcoming general elections in the country