The NBA which is the umbrella body of lawyers in the country, in a statement that was signed by its National President, Mr.  Paul Usoro, SAN, urged the National Assembly to intervene, saying the action of the President portends a slide into anarchy and complete deconstruction of the Rule of Law and due process.

Chief Justice of Nigeria (CJN) Justice Walter Samuel Nkanu Onnoghen

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It said: “The news media has been awash this evening with the news of the purported suspension of the Chief Justice of Nigeria, Honorable Mr. Justice Walter S. C. Onnoghen, GCON, by President Muhammadu Buhari, GCFR and the swearing-in of Hon Justice Ibrahim Tanko Mohammed as the acting Chief Justice of Nigeria.

“We are told that this was pursuant to an Ex-Parte Order that was issued by the Code of Conduct Tribunal on Wednesday, 23 January 2019.

“The Nigerian Bar Association unequivocally rejects and condemns this attempted coup against the Nigerian Judiciary and evident suspension of the

Nigerian Constitution by the Executive arm of the Federal Government.

“The action of the Executive portends a slide into anarchy and complete deconstruction of the Rule of Law and due process. It amounts to an absolute breach of the Constitution and the usurpation of the powers of the Senate and the Nigerian Judicial Council.

“It is unfortunate that the Executive Branch of Government purports to

suspend the CJN on the basis of an alleged ex-parte order of the Code of Conduct Tribunal – the same Tribunal that, to the knowledge of the Executive, had, only the previous day, Tuesday, 22 January 2019 adjourned its proceedings to Monday, 28 January 2019 and has before it a Motion on Notice that is yet to be argued, seeking the same relief as were contained in the purported ex-parte application, to wit, the  suspension of the CJN, amongst others

“We call on the Federal Government to avert the looming constitutional crisis precipitated by its ill-advised action. In particular, the Nigerian Bar Association demands the reversal of the purported suspension of Honorable Mr. Justice Walter S C Onnoghen, GCON.

“We also call on the National Assembly to assert its constitutional authority and powers and prevent this slide into chaos and erosion of the Rule of Law.”

Lawyers react

Meanwhile, wide condemnation trailed President Buhari’s action among lawyers.

Senior lawyers who spoke to Saturday Vanguard described President Buhari’s action as a legal aberration, insisting that it was unconstitutional for him to remove a sitting CJN from office without recourse to the NJC.

Most of them wondered when the Mr. Danladi Umar-led CCT panel gave the order the President placed reliance on to wield the big stick against Onnoghen.

It will be recalled that the Abuja Division of the Court of Appeal had on Thursday, ordered the CCT to stay further proceedings in the case entered against the CJN.

A three-person panel of Justices of the appellate court led by Justice Abdul Aboki ordered the CCT to temporarily hands-off the matter till January 30, a date it fixed to deliver a ruling on an appeal Justice Onnoghen lodged to challenge both the competence of the charge against him and jurisdiction of the CCT to entertain same.

It will be recalled that the CCT had in a two to one split decision last Tuesday, adjourned till next week Monday to continue with the trial, despite four separate interim injunctions from different High Courts and the National Industrial Court, restraining all the parties from taking further steps in the matter, pending determination of legal issues surrounding the legal propriety of the trial.

The CCT Chairman based his decision on the absence of any order from the appellate court stopping it from going ahead with the trial.

Though FG’s lawyer, Mr. Aliyu Umar, had at the last sitting, attempted to make an oral application for the tribunal to order the CJN to temporarily step aside until his trial is concluded, his effort was thwarted by Onnoghen’s lead counsel, Chief Wole Olanipekun, SAN, who insisted that such an order could not be made when the jurisdiction of the tribunal is being challenged.

Meantime, among Senior Advocates of Nigeria who condemned the suspension of the CJN by President Buhari, were Dr. Olisa Agbakoba, SAN and Chief Mike Ozekhome, SAN.

Reacting to what he described as a coup on the judiciary, former Nigerian Bar Association, NBA, President, Dr. Olisa Agbakoba, SAN, said “This is the worst possible violation of Nigeria’s Constitution ever and a perversion of justice and the rule of law for the president acting in pursuance of orders from an inferior tribunal, namely the CCT, to suspend the CJN.

“This has raised major constitutional crisis, and the Bar will hopefully resist this brazen assault to our constitution. All Nigerians should feel assaulted by President Buhari illegal action, and I urge that we take the strongest possible action to prevent Nigeria’s rapid descent to Constitutional impunity Judges and lawyers must withdraw services until this is resolved.”

An aide to Rivers State governor and lawyer, Mr. Solomon Bob, said “The action of President Buhari is completely illegal because he has no such powers. This is not a matter for politicians alone; the country is being destroyed. Let’s all resist this tyranny, this latest act of brazen illegality.”

Mr. Mohammed Abeny, SAN said: “He (Buhari) lacks the constitutional powers to suspend the CJN. He should go and read the constitution on how the CJN can be removed or suspended. He has to go through the NJC, and the NJC will make a recommendation to that effect to him. If the CJN has been found to have committed any infraction, such infraction must be of a serious one against the constitutional powers vested in him.

“Then there must be a matter against him before the NJC which they are investigating. He cannot do anything against the CJN without the approval or recommendation of the NJC. What he has done is illegal, it is unconstitutional, it is unheard of, and it has never happened.

Similarly, another SAN that pleaded not to be mentioned said: “This is something that is unheard of. We are not privileged to know at what point the CCT gave the directive to the president for the suspension.

“Was the directive given before the Court of Appeal ordered a stay of proceedings. Even at that, I think there was an application to the CCT to the effect that it should place him on suspension, I am not aware that the application was taken.

Likewise, a rights activist and constitutional lawyer, Mr. Jideobi Johnmary, said: “What happened has cast a pall of darkness over Nigeria’s Constitutional democracy which must be deprecated by all who mean well for Nigeria’s future democracy.

“The impunity with which President Buhari and his minions have carried on in desecrating our Constitution is rather outrageous and despicably confounding. Such show of elevated impunity and condescending   arrogance will precipitate a state of anomy  and has all the potentials of bringing an organised society to a ruinous end.