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Acting CJN Mohammad Confirms Buhari Has Power to Suspend, Remove CJN
The Acting Chief Justice of Nigeria, Justice Tanko Muhammad, has said President Muhammadu Buhari, as the appointor of the Chief Justice of Nigeria, has the power to remove or suspend any person occupying the office.
Muhammad stated this in defence of Buhari’s suspension of the erstwhile CJN, Justice Walter Onnoghen, on January 25, 2019, and his immediate appointment by the President as the Acting CJN.
This is contained in a counter-affidavit which he filed to oppose a suit seeking to stop him from being appointed as substantive CJN.
The suit was filed before the Federal High Court in Abuja by Malcom Omirhobo Foundation, through its lawyer and promoter, Chief Malcom Omirhobo.
It prayed for, among others, a declaration that Justice Muhammad “is not a proper and fit person to be recommended by the 2nd defendant (the Federal Judicial Service Commission) to the 1st defendant (the NJC) and by the 1st defendant to the 5th defendant (Buhari) for appointment to the Office of the CJN.”
This, the plaintiff said, was because Muhammad in accepting to be sworn in as the Acting CJN, “conducted himself in a manner that cast doubt of confidence in his integrity and impartiality of the judiciary and having made himself a tool used in the violation of the Constitution of Nigeria.”
The seven defendants to the suit are the National Judicial Council, the Federal Judicial Service Commission, Justice Muhammad, the Federal Government, Buhari, the Attorney-General of the Federation and the Senate.
In his response contained in the counter-affidavit filed on his behalf by the law firm of Lateef Fagbemi (SAN), Muhammad maintained that Buhari, acting on an ex parte order of the Code of Conduct Tribunal, rightly suspended Onnoghen.
The counter-affidavit was deposed to by Sadiq Ahmad, a lawyer in Fagbemi’s law firm, who also stated that he with “the 3rd defendant (Muhammad) carefully studied the plaintiff’s application for interlocutory injunction.”
He also said he did not commit any wrong by submitting himself to be sworn in in acting capacity following the order of the CCT and the vacuum left behind by Onnoghen’s suspension.
He recalled that Onnoghen had subsequently, after his suspension by the President, resigned from office.
On April 18, 2019, the CCT convicted Justice Onnoghen on charges of false and non-declaration of assets, and as punishment, ordered his removal from office, barred him from holding public office for a period of 10 years and ordered the forfeiture of the proceeds of the bank accounts he was said to have failed to declare.
Muhammad stated that apart from the constitutional procedure for the removal of a person from the office of the CJN based on age or retirement or by an address supported by two-thirds majority of the Senate, “any public officer found guilty of the breach or violation of code of conduct can be ordered to vacate the office he is holding as the consequence of the breach or violation of the code of conduct.”
He added that the President also had the power to remove or suspend any occupant of the office of the CJN.
“I also know as a fact that the 5th defendant has the power to remove or suspend any person occupying the office of the Chief Justice of Nigeria being the appointing authority,” the affidavit read in part.
Justifying Onnoghen’s suspension by Buhari, the counter-affidavit stated, “That I also know as a fact that as at January 25, 2019 the order of the Code of Conduct Tribunal also directed the 5th defendant to swear in the most senior Justice of the Supreme Court as the Acting Chief Justice of Nigeria.
“That it was pursuant to the said order of the Code of Conduct Tribunal that the 5th defendant appointed the 3rd defendant as the Acting Chief Justice of Nigeria.
“That in the circumstance, I know as a fact there was no need for a recommendation of the 2nd defendant (FJSC) to the 1st defendant (NJC) or of the 1st defendant to the 5th defendant (Buhari) before the erstwhile Chief Justice of Nigeria could be suspended from office.
“There was also no need for the 5th defendant to approach the 7th defendant for support by majority of two-third votes, before the erstwhile Chief Justice of Nigeria could be suspended from office.”
It stated that Buhari “followed due process of law in the appointment of the 3rd defendant as the Acting Chief Justice of Nigeria,” adding that “there has not been any negative impact on the Nigerian judiciary as there is renewed belief by the common man in the judiciary as his last hope.”
Justice Inyang Ekwo has fixed Friday for the hearing of the suit.
The Punch
The recent US presidential election should be praised for its credibility and peaceful conduct. The election serves as a model for Nigeria, highlighting the importance of free, fair and transparent polls, according to the publisher of online platform, Bluefames Media, Mr. Victor Udoh
The US election saw Donald Trump, the Republican candidate, emerge victorious over Democrat, vice president Kamala Harris. Trump secured 270 electoral votes, surpassing Harris’s votes.
While congratulating Trump on his victory, Udoh noted that the election’s smooth process, devoid of issues like ballot box snatching, violence and technical glitches.
In contrast, Nigeria’s electoral process often faces challenges, including delays, vote-buying and disputes over results, he lamented. Udoh emphasized the need for Nigeria to learn from the US example, ensuring credible elections that reflect the will of the people.
He said: “Nigerians and the international community monitored the outcomes of the US election. You could see that the US electoral process demonstrates the value of credible and peaceful elections, which experience Nigeria can draw lessons from to improve its own electoral system.
“By embracing transparency, accountability and peaceful conduct, Nigeria can strengthen its democracy and ensure governance that truly represents the people’s will.”
Udoh, a publicist and motivator, pointed out that learning from the US experience, Nigeria can address its electoral weaknesses and foster a more robust democracy, which in turn, can lead to better governance, economic growth and improved living standards for Nigerians.
“Nigeria must prioritize electoral reform and transparency to ensure that its citizens’ voices are heard and valued,” he stressed.
He, however, warned that “a second Trump term may have significant implications for global issues like dollar value, immigration, energy and geopolitical stability.”
Victor Udoh is the publisher of online platform, Bluefames Media
“The revered traditional ruler of Ogwashi-Uku Kingdom, His Royal Majesty Obi Dr. Ifechukwude Aninshi Okonjo II, faces new and intensifying threats as landgrabbers and dissidents launch a smear campaign, weaponizing baseless accusations to discredit his ongoing efforts to secure Ogwashi-Uku’s land and bring justice. This orchestrated attack on the Obi includes recent petitions to the Department of State Services (DSS) accusing him of land grabbing and other unsubstantiated claims, further amplified in the media.
“Spearheading these efforts are Mazi Elue Adigwe, Collins Afuwah, Hycinth Okolie, and Ugo Emordi, whose credibility is under serious question given their own alleged criminal backgrounds.
“These individuals were involved in an attack on the Obi himself in October 2023, when they reportedly stormed his palace with firearms, a violent act which has led to terrorism charges filed against them at the Federal High Court in Asaba. This assault is not an isolated incident; in 2022, during a royal visit to Otulu Ogwashi-Uku, the Obi and his entourage were ambushed by a faction led by Francis Odiwanor, who is linked to these dissidents. The attackers, reportedly trying to distance Otulu from Ogwashi-Uku and obscure extensive land transactions, set vehicles in the Obi’s entourage ablaze and violently molested numerous individuals accompanying him.
“The Palace Secretary, Prince Ifeakanachukwu Emordi, condemned the recent allegations as “false, malicious, and part of a longstanding agenda.” Prince Emordi highlighted how these individuals have, for years, peddled baseless stories about the Obi, including false claims of a “killer squad” and fabricated accusations of kidnapping. “This is yet another attempt to distract from the Obi’s mission to root out lawlessness and secure communal resources,” Emordi stated.
“The Obi’s role as custodian of Ogwashi-Uku’s land has led to groundbreaking initiatives, including the unprecedented distribution of nearly 2,000 free plots to Ogwashians—a transformative step to ensure the land benefits the community directly. However, his pursuit of a fair, equitable society has provoked resistance from entrenched groups who have long profited from illegal land sales, pocketing proceeds meant for the community.
“HRM Obi Ifechukwude Okonjo II has also dedicated significant resources to local infrastructure and security. New transformers are being installed to improve power access, water restoration projects are underway, and security measures have been bolstered to safeguard residents. According to the Palace Secretary, five transformers have been supplied by the Obi in Council to various communities in Ogwashi-Uku Kingdom.
“Diokpa John Emordi, a community elder, voiced his support, stating, “The Obi’s authority over Ogwashi-Uku’s land is undisputed and longstanding. These accusations are a thinly veiled attempt to undermine him and disrupt his reforms. The Obi remains committed to protecting our kingdom from landgrabbers and criminal elements.”
“As the Obi of Ogwashi-Uku persists in his vision of justice and prosperity, he stands resilient against these retaliatory threats. Despite adversities, the community supports the Obi’s mission and his unwavering resolve to transform Ogwashi-Uku Kingdom into a place of security, equity, and progress.”
From the time that Bello Matawalle was nominated as Minister of the Federal Republic of Nigeria in 2023, Dauda Lawal the Governor of Zamfara State has been ill at ease.
The circumstances of his victory at the gubernatorial election as well as subsequent victory at the Election petition Tribunal did not give room for sound sleep. He knew that when pushing comes to shoving, the former Governor held the aces in the State politically.
Dauda Lawal having realised that it would be difficult to keep Matawalle’s new influence under check as Minister of State for Defence hatched another plan after his first moves to indict him through the cargo Airport controversy.This was to hoodwink a former aides to Matawalle who could provide information on his activities while in government.
This was what led to the unveiling of Bashir Hadejia, who we will dwell on later in the write-up
The original plan was to paint Bello Matawalle black over his achievements as Governor of Zamfara between 2019 and 2023. This however failed flat as the people of the state knew the legacies he left. And so they were not buying into that. After failing to achieve this, Dauda Lawal Dare thought out other plans.
Our sources believe that the Zamfara Governor connected with the former Jigawa Governor who is presently the Minister of Defence and both of them agreed that it was in their interests to cut Matawalle to size because of his looming influence and good relationship with President Bola Tinubu.
They found a willing tool in Jackson Ude, a former presidential aide to Jonathan. Jackson Ude is a Nigerian journalist who has made a name for himself as a blackmailer. Not less than twenty different top Nigerians, including the DG of World Trade Organization, Ngozi Okonjo Iweala have either taken him to court and won or sued him.
Jackson Ude has since become a major ally of Zamfara Governor, Dauda Lawal. Together, they allegedly decided that the best way to tackle Matawalle growing influence in the Tinubu government was to continue to label him as backing the bandits and terrorists terrorizing the State he once governed.
Bello Matawalle’s rise in status and having become the poster boy of the Tinubu administration’s success in the Defence sector did not make his co-minister, Mohammed Badaru Abubakar comfortable. What you don’t have, you cannot give.
Many sources in the media confirmed that the two Ministers seemed to be opposites hence it was only a matter of time that their differences became obvious. According to our sources, while Matawalle would come to state what the Ministry was doing and encourage the troops and it’s leadership to do more, Badaru has never been a man who wanted visibility. He has always been too taciturn and withdrawn, as if sulking. So when the story came out that he was not too happy with the Minister of State for taking the shine off him, and aligning with Dauda Lawal to undermine Matawalle, not many people doubted it.
Sources claimed Badaru has grouses, with Tinubu appointing him as Defence Minister and not putting the Chiefs of Staff under him. It was also alleged that he was angry with the president because he wanted the FCT Ministry portfolio, which was given to Nyesom WIKE, a non- partyman. Abubakar Badaru, according to our sources felt he should have been given the portfolio of the FCT Ministry because he dropped his presidential ambition to support Tinubu when the President indicated interest in contesting.
Our source further revealed that Badaru, and Governor Lawal have teamed up to work and ensure that Matawalle is frustrated out of the Tinubu government so as to further dent whatever achievements the Tinubu government can claim to have while also denting Matawalle’s achievements.
Governor Lawal’s romance with terrorists is well known in the State despite all the air of arrogance he surrounds himself with as several pictures of his meetings and discussion abound everywhere on the social media.Impeccable sources gathered that Bello Turji works for the Zamfara Governor and the friends and allies of the bandits leader know this.
Sources confided in us that this is why it has been impossible for Bello Turji to be captured or killed as the State government virtually protects him, leaks information about troops movement if they have them and also support them with logistics. This explains why he makes so much noise and boasts of his invincibility.
Bello Turji’s MEN and other bandit leaders are also said to enjoy the same status as he enjoys..
Our sources also confirmed that Turji and a few other top bandits work for Dauda Lawal by ensuring his firm grip on the mining business in Zamfara.
Through them, the governor is alleged to have controlled a large chunk of the mining fields and also collected royalties on the governor’s behalf.
It is even alleged in some circles that some of the late bandits leaders eliminated by the military in its recent onslaught were bagkeepers for the governor who kept his money especially from the mines hence the reason why he was not too happy with their death and their elimination was not celebrated by the state.
Our sources also linked a powerful former NSA from the state with the gold mining business in the state. According to the sources, because of their vested interest, the powerful NSA who retired from the military as a general would do anything to ensure that his mining interests are protected in Zamfara hence the move to support the Governor and ensure that the top bandits who protect their vested interests are not touched. These gang-up believe that any attempt by Matawalle to upset the applecart in the mining sectors of the state will affect their vested interests since it is the bandits who are protecting their interests there and they need the continued presence of the bandits to ward off government prying eyes.
The implications of all these are germane here.
Key stakeholders in Zamfara state who ordinarily should be working for the success of the military are working at cross-purposes with the security apparatus of the state. They are not ready to allow the
security agencies operate. Rather, they work against them. They not only do this, they give out information against the security agencies to bandits and terrorists who through this organise ambushes for the security agencies all ina bid to paint the Minister of State Defence in bad light as well as maintain their strangle hold on the mining sector in the state.
Frightening Dimensions
The recruitment of Bashir Hadejia as well as the Minister of Defence, Abubakar Badaru, into this dastardly group constitutes a frightening dimensions to a problem that was hitherto localized. Our sources revealed that Bashir Hadejia was born in Niger Republic and maintains a home there just like the Defence Minister Abubakar Badaru. Having worked with Bello Matawalle, he understands the workings of the former Governor’s network as well as what he did to curb the excesses of the bandits while in power.
That Bashir Hadejia, working with Governor Dauda Lawal were able to cladenstinely sponsor anti- Nigerian protests during the August 1-10 protests in Nigeria signify the extent of their hatred for the country and its constitued authority. Though they set out to embarrass the Minister of State for Defence, and by implications the Tinubu government, the move showed the extent the Dauda Lawal gang-up could go in portraying Matawalle in bad light and their cause. Having recruited a notorious journalist who does not operate in the country, yet spews outright lies and also thrive on blackmail, no wonder they have dominated the cyber space with unverifiable stories upon stories against the Minister of State, Bello Matawalle.
