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The Human Rights Writers Association of Nigeria (HURIWA) says the suspension of Walter Onnoghen as the Chief Justice of Nigeria (CJN), and swearing in of another judge as acting CJN, “without due process amounts to high treason”.

The group also said for taking the action outside the provisions of the Constitution, “the President should be impeached”.

President Muhammadu Buhari had suspended Onnoghen and swore in Ibrahim Tanko Mohammed as the acting CJN on Friday.

In his remarks on Onnoghen’s suspension, the President had premised his decision on “an Order of the Code of Conduct Tribunal issued on Wednesday 23rd January 2019, directing the suspension of the Chief Justice of Nigeria, Honourable Justice Walter Nkanu Samuel Onnoghen from office pending final determination of the cases against him at the Code of Conduct Tribunal and several other fora relating to his alleged breach of the Code of Conduct for Public Officers”.

However, a statement by Comrade Emmanuel Onwubiko and Miss Zainab Yusuf, the National Coordinator and National Media Affairs Director of HURIWA, respectively, quoted Section 292 of the Nigerian Constitution which does not expressly distinguishe between “temporary removal (suspension) from a permanent removal (sack)”.

According to the provisions of the 1999 Constitution, the CJN can only be removed with the knowledge of the National Assembly — the removal must be approved by two-thirds majority of the National Assembly.

Portraying HURIWA’s contrary position to the President’s decision to suspend the CJN, the statement read: “The power to remove is different and is even more stringently interpreted in employments with statutory flavor as in this case, but we have not even begun to talk about the power of removal. Granted that the CCT may have a constitutional role in the removal of the CJN going by a wholistic reading of the above provisions, but there is no statutory provision that clothes the CCT with power to order the CJN or any person appearing before it to step aside or recommend that the President should suspend the CJN or anyone appearing before it.

“Such a procedure amounts to denying the CJN or whoever has been subjected to such treatment by the CCT, his constitutionally guaranteed presumption of innocence and is an imposition of punishment by the CCT even before it has made a finding of guilt (which finding is even appealable to the Court of Appeal). Even after finding a person such as the CJN guilty of a contravention against the Code of Conduct the Constitution strictly lists the punishments it can impose on the guilty party (subject to his right of appeal) and the listed punishments do not include suspension or recommendation for suspension. It is putting the cart before the horse, and a violation of the rights of the accused to a fair trial, to suspend him from office while he is undergoing trial before your court when you are not his employer who has initiated disciplinary proceedings against him.

Timothy Ola Bamgboye – Does Buhari Have Power To Suspend Onnoghen?

“The suspension of the CJN by the president under whatever guise constitutes a constitutional infringement of the principle of separation of powers and a usurpation of the disciplinary powers of the NJC enshrined in the Constitution. The power of removal granted under the constitution not being an absolute power but one predicated on specified conditions and requiring the participation of other actors alongside the President, does not include the power to unilaterally suspend which is under of the disciplinary powers of the NJC.

“As we have always maintained the decision in the Nganjiwa case, in blurring the delicate lines between disciplinary and penal proceedings may have unwittingly contributed to the desperation that led to this monumental blunder in suggesting to the minds of those ignorant of the workings of the law, that the judiciary was hell-bent on protecting its corrupt members and shielding them from the reach of the law. While the current blunder is inexcusable, we can feel the reverberating effect of the Nganjiwa case in the spate of court orders and applications that has trailed this particular case and finally culminated in this desperate measure whether well motivated or ill motivated. In the final analysis, this ill-advised move has rendered nugatory whatever credibility there seemed to be in the initial revelation of undeclared asset by the CJN and transformed the case into one of ill-advised abuse of power. Two wrongs do not make a right.

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Abass Sulaiman Adegoke, well known as Adegoke is a student of Federal Polytechnic Ede studying Civil Engineering, He is a media enthusiast, loves traveling, and has a special interest in personal development.

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Buhari reacts as Police discover torture center in his village

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Buhari reacts as Police discover torture center in his village 20191008 173707

President Muhammadu Buhari has commended the Nigeria Police Force for the discovery of a child-theft racket in Kano State and fake correctional centers in Kaduna and Katsina states.

DAILY POST recalls that the Police last Monday discovered another torture centre meant to be a reformation place for children with character deformation in Daura, Katsina State.

The Police raided the centre following a riot by the inmates over excessive abuses.

Reacting to the discovery, Buhari in a statement by his Senior Special Assistant on Media and Publicity, Garba Shehu, on Saturday, urged the police to sustain these good efforts across the country.
He noted that such arrests were in line with his commitment to human rights and dignity of the citizens regardless of their age, religion and ethnicity.

Buhari said he would not support criminality under any guise, including the abduction of children and selling them off illegally.

He maintained that no responsible democratic government would tolerate the existence of the torture chambers and physical abuses of inmates in the name of rehabilitation of the victims.
He, therefore, lauded the efforts of the police in exposing these human rights abuses by individuals and criminal groups.

Buhari expressed optimism that these efforts would be sustained to check illegal activities of this nature.
The President appealed to members of the general public to remain vigilant and assist security agencies in crime prevention and control by reporting the existence of criminal activities around their communities.

He said: ”The sharing of human intelligence is everybody’s responsibility in order to make our society safe and this government is ever committed to supporting the police to be more effective in the performance of its duties through proper funding and motivation of its personnel.”

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Buhari issues stern warning to state governors over contracts

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Buhari issues stern warning to state governors over contracts 20191008 172446

President Muhammadu Buhari has warned that the Federal government might be forced to re-allocate projects elsewhere if any state government or communities create unnecessary impediments in the allocation of land or access to such lands for federal projects.

Buhari’s warning was contained in a statement signed and forwarded to DAILY POST by his Media Aide, Garba Shehu, on Saturday.

According to Buhari: “The idea of chasing away contractors on-site or making undue demands from them by local communities or the deliberate actions of State governments to frustrate the allocation of lands for federal projects is an antithesis of the people’s welfare.”

The statement disclosed that, in a recent directive to Ministers, the President requested Ministers in his government to have the states clear all lingering land issues threatening federal projects under their supervision or have such projects moved to willing states where that becomes impossible.

Buhari regretted that, “some communities in the states are frustrating the siting of federal projects in their areas by making impossible demands for land compensation on contractors and even chasing them away from site where they are unable to meet up.

“To compound matters, contractors kept away from site often make further demands on payment whenever they return to site.”

The Presidency noted that the refusal to allocate lands for federal projects or the growing hostility by communities against contractors on site are hurting the interests of the very people governments are elected to serve.

”By denying Federal government lands for projects and creating unnecessary obstacles for the execution of these projects, it may be unfair to turn around and accuse the same Federal government of marginalising people in terms of projects allocation.

“When it comes to the welfare of the people, governments at all levels should be united by the common goal of improving the well being of the people, regardless of political affiliation”

“It is, therefore, impossible to spread Federal government projects when petty demands or politics is allowed to override the higher interest of the people,” the statement added.

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