President
Buhari, in removing Chief Justice of Nigeria Walter Onnoghen, had claimed that
he acted based on a Code of Conduct Tribunal order.
Buhari
has also sworn in Ibrahim Tanko Mohammed as the acting CJN.
The
question on everyone's lips at the moment is whether the President has the
capacity to direct the suspension of Onnoghen. Does he or does he not? - NO
What
the constitution said.
“(1)
Subject to the provisions of subsection (3) of this section, a person holding
any of the offices to which this section applies may only be removed from that
office by the President acting on an address supported by two-thirds majority
of the Senate praying that he be so removed for inability to discharge the
functions of the office (whether arising from infirmity of mind or body or any
other cause) or for misconduct.
“(2) This section applies to the offices of
the Chairman and members of the Code of Conduct Bureau, the Federal Civil
Service Commission, the Independent National Electoral Commission, the National
Judicial Council, the Federal Judicial Service Commission, the Federal
Character Commission, the Nigeria Police Council, the National Population
Commission, the Revenue Mobilization Allocation and Fiscal Commission and the
Police Service Commission.”
In
section 292, the constitution reads:
“(1)
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
– (i) 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.”
