Stella Dimoko Korkus.com: Agbakoba SAN Says Buhari Has Insulted Nigeria's Constitution By Suspending CJN Onnoghen

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Saturday, January 26, 2019

Agbakoba SAN Says Buhari Has Insulted Nigeria's Constitution By Suspending CJN Onnoghen

A former President of Nigerian Bar Association (NBA), Chief Olisa Agbakoba (SAN), has blasted the decision of President Muhammadu Buhari to suspend Walter Onnoghen, as the Chief Justice of Nigeria.






Buhari had on Friday suspended Onnoghen and immediately appointed Tanko Mohammed as acting CJN.

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


In a statement forwarded to DAILY POST, Agbakoba made it clear that Buhari’s action “is the most brazen assault on Nigeria’s constitutional history” and criticized Mohammed for accepting to be sworn in.

“President Muhammadu Buhari’s suspension of the Chief Justice of Nigeria, Justice Walter Onnoghen, is the most brazen assault on Nigeria`s constitutional history.

“The President has obviously not listened to the advice of the Hon. Attorney General of the Federation or the Attorney General of the Federation has misadvised him or both.


“President Buhari claims that the suspension of the Chief Justice Onnoghen is pending the determination of the Code of Conduct Tribunal, CCT. This is simply not true. The CCT itself adjourned proceedings in respect of Justice Onnoghen`s matter in order to determine if it had jurisdiction to try Justice Onnoghen. The President`s decision contravenes the Ruling of the CCT.

“There are at least six (6) pending cases in superior courts of Nigeria and one in the Court of Appeal. All these cases ruled that Justice Onnoghen should remain in office pending when all cases against him are resolved. These Rulings bind the President of Nigeria. In any case Section 292 of the 1999 Constitution of Nigeria sets out the procedure for removing or suspending the Chief Justice of Nigeria. The power to suspend or remove the Chief Justice of Nigeria vests in the Senate side of the National Assembly.

“For all these reasons the purported suspension of Chief Justice Onnoghen is the gravest insult to Nigerian constitution in history. It is difficult to understand how President Buhari will expect my vote of confidence in the February polls if he wantonly denigrates and desecrates our Constitution.

“I call on all Nigerians to take the strongest possible view of the President`s conduct. I am shocked that Mr. Justice Mohammed Tanko would have offered himself to be sworn in as the Acting Chief Justice of Nigeria.

“I call on the Chief Justice of Nigeria to refuse to be pushed out of office. The NBA must rise to resist this assault to our constitution.
Our judges must rise; Civil Society Organizations must rise. This is potentially the beginning of our descent into constitutional anarchy.”
From dailypost.




*But if they are Investigating him,wouldnt it be better he steps aside for the mean time?I am sure they will not sack him but i also think he didnt do well by hiding all those monies......And No,i dont believe he forgot to do so!!

33 comments:

  1. Replies
    1. Stella stop talking, you don’t live in Nigeria and clearly you are ignorant of Nigeria law. You can’t allocate power to your self”ABSOLUTE POWER CORRUPTS ABSOLUTELY “ you all would soon see our thing in Nigeria will start falling apart, Buhari will be a live president.

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    2. Stella you talk of the right thing abi? Won’t it be the right thing for Buhari to step aside since his certificate can not be found .

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  2. Is it about declaring assets? The issue here is putting someone in place in time to rig the elections. He needs to follow due process. Which one of them will really be able to pass CCT's scrutiny including Buhari himself? Where is Aisha Buhari?

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    1. Kai which school did you go to let me send my children there. You are absolutely correct. The CcB itself is not a property functionally institution. I say this because I know many civil servants who have forgotten to declare assets. The guidelines for asset declaration itself is faulty. You declare assets every 4yrs not as assets are acquired. Yet code of conduct will never write you to inform you that you are due to declare. The burden of remembering the date you declared is on you until someone chooses to be vindictive in your matter. Even ordinary car registration, Vio sends reminder text 1month before expiration. This same Code of conduct bureau that will not go to confirm whether declared assets actually belong to you o. It’s a travesty Stella, your comment reeks of ignorance of the process. Yes he could have forgotten to declare asset, I did.

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    2. Besides it is not enough to wield stick but to be seen to do the right thing. Right or wrong, there is a procedure for removing the CJN and this is a clear breach of the constitutional provision. The crime of usurping our constitution is far bigger than not declaring assets. It has the potential of ruining this country in its entirety. Today it’s Onnoghen, tomorrow it will be you.

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    3. 08:12 I love you so much for this comment.

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    4. It is true that what the President has done is unconstitutional, however Onnoghen himself did not display wisdom in weilding his arsenal.
      How can he admit that the forgot about bank accounts that are not dormant but actively running?
      How can he postpone the sitting of the NJC indefinitely when he's supposed to be suspended for investigation?
      How can he expose his lopsided interests to the view of demonic buhari believing that he can hide within the provisions of the constitution?
      Did he not realize that his forth coming successor is Fulani, a potential southerner betrayer?
      It was he who delivered a ruling that the CCT is the highest authority where the matter concerns Code of Conduct. Did he forget?
      How can he not realize that after the Supreme Court gave judgement to Nyesom that APC pepper body de do dem reach now?
      Oh! Onnoghen the money sweet you sotay you forget yoursef!
      You have come to equity but not with clean hands.
      Whether we like it or not, the REASON WHY BUHARI WANTS ONNOGHEN OUT IS PARALLEL TO THE REASON MOST NIGERIANS WANT HIM BACK.
      Who is thinking for senile Buhari? The person must be a serving military man who knows NOTHING about democracy.
      Then again, this our VP, na flower?
      May God save us!

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  3. Stella so why didn't Saraki suspended by Buhari or even Ekweremadu? The president goofed big time and has just created a bad precedent on the nations democracy.

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    1. Because Saraki was a political appointee by votes. The CJN was nominated by the president to fill in the position he occupied. Simple difference you can’t tell. Keep deceiving the thief making excuse of mistake and forgetfulness. Agbakoba is another criminal lawyer like thousands of criminal lawyers and justices in the judiciary.

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    2. Thank you anon 08:54. These gullible children will be typing useless comments for the sake of it. Thank you Stella. The criminal forget what? Nonsense

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    3. Hope you have achieved as much as Agbakoba in your life. Criminal lawyer you said? I bet you don’t even have an education.

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    4. Anon 11:22, a PhD loading for me here is Canada at a young age. Agbakoba is far from such achievement and at such level. Agbakoba hasn’t achieved nada. What’s heroic about his achievements?

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  4. My concern is why are they in a hurry to remove him? Are there no steps to be taken from onset to ensure they don't fall to declare their assets or tender fake certificates and all that?.

    Most actions taken by the present administration sometimes comes out like a personal vendetta because of the force and urgency that usually surrounds it.

    No fair hearing

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  5. Isn't the NBA a toothless bulldog?...abeg..

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  6. So many people are overrated in Nigeria. It's either they underrated our intelligence service or sheer stupid arrogance.

    A whole Chief Justice of Nigeria is making silly excuse. How could someone of his calibre not know they are being monitored?

    The money in Standard chartered wasn't there before Buhari took over in 2015 but was deposited there few months ago by desperado in PDP.

    The losers wanted to win the presidency through the Supreme Court. Appeal the election then get favourable judgement at the Apex Court.

    Unknown to them, the Judges are being monitored and all their lines are tapped.

    Atiku Abubakar and Bukola Saraki are daft. They thought they could used the CJN knowing that Mary Odili is under spotlight. What a wrong move?

    Booting the PDP CJN out of office was imperative because he has been caught red-handed with bribe money.

    To hell with PDPigs and their evil plan. Nigeria will never return to the days where they raped our treasury and children's future again

    Shame on the CJN!
    Shame on Atikulooters


    Buhari has insulted Nigerian constitution yen yen yen

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    1. No be Nigeria you sef dey so? Make we all dey inside as the country dey spoil go so.

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    2. Senator representing Kaduna Central has added his voice to the condemnation of President Muhammadu Buhari’s suspension of the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen.

      In a tweet on his Twitter handle Sani wrote, “CJN; The suspension is nothing but wrong and unconstitutional; Any Silence or neutrality on this is consenting to illegality. Shikenan.”

      He also wrote:

      “JUSTITIA hath been beheaded by the King;

      “The Head dripping in blood taken to the Palace by the knights;

      “The Bench has been dismantled and turned into a coffin;

      “The scales are filled with the feaces of the courtiers;

      “The sword is now the Gavel;What hath happened to Caesar?”

      Earlier on Friday, before the news of CJN sack by Buhari and appointment of Justice Tanko Mohammed as acting CJN broke, Sani had taken to his Twitter to write:

      “When the Parliament is demonized; When the Judiciary is violated; When the free press is hunted; When the civil society is antagonized; a tyranny is under construction.”

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    3. This Essah, you seem d...ft. To hell with all of them both PDP and APC are birds of a feather. They are the chess players, you guys are nothing. Continue to support them and don’t think of your future.

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  7. SDK sounding so naive!! So the Buhari administration suddenly Remembered to check whether the CJN hid money or not a few days to the election? And ignores the law and the constitution in order to 'remember' this? SMH. Let them all be playing ludo with Nigeria"s destiny. The Owner of this nation will rise up and show that they ate all like grass hoppers!

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  8. The funny part of all this is that the heat or noise generated by this action will fade off after 3 days and Nigerians will carry on like nothing happened...this is why we are stunted in our growth.

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    Replies
    1. Just the same way you and your ignorant nnamdi kanu followers forgot how he dished you guys and led to the deaths of many of his confused and gullible followers.

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  9. Stella don't be daft. Do you think is all about assets declaration? Was it not Jubril/Buhari who defended Ganduje is Poland. Why wasn't Ganduje arrested? Why didn't EFCC go after Ganduje? All the northerners and APC are protected. Do you think Atiku wouldn't have been arrested by now if he wasn't a northerner? We are not one and can never be and that is why we must GO.

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    1. The northerner who was removed by Buhari a few days ago and replaced by a southerner, what's he? Christians always waiting to play religious sentiments with everything

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    2. you must be stupid. which regime is more nepotic than that of buhari? which region has the highest number of service chiefs? check the money generating govt parastatals. you must be mad. tell us the northerner removed and which southerner replaced him...goat

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  10. And this type of disregard for due process is coming from a party that claimed moral and ethical superiority over a 'corrupt' PDP administration. All of them are the same!

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    Replies
    1. People who rode to power democratically are now destroying the laws that brought them in peacefully.

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  11. That judge just shot himself in the leg.
    It's a Pity he was caught.

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  12. @voteorshutup201926 January 2019 at 09:32

    They say an injustice to one is a threat of injustice to all. The same legal system that allows people use law enforcements as their personal bullies and buddy guards, the same legal system that has thousands of innocent men and women wasting away in kirikiri because they couldn’t afford an instant bail amount is the SAME legal system that can make such a move such as removing a Chief Justice. So why is everyone surprised. Keep looking at rubbish happening around you thinking it can’t happen to you.

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  13. Eesah would go anonymous and hurl insults and try to use his handle to sound civil. Bro! We know you are the anonymous. Support your Buhari in peace, we don't care... Stop making it seem as if you are legion supporting him.

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    Replies
    1. Sorry, many of us apart from Eesah are here as anonymous. Take your criminal Onnoghen away. Bad piece to our judicial system. He forgot his largest bank accounts indeed.

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  14. The point here isnt whether the CJN should be removed or not, it's the proceeedure that's being debated upon. This is a democracy Pete's for sake and there are steps that must be taken. The presidents hasty decision in suspending the CJN without due process is what has given rise to this brouhaha and is therefore subject to various interpretations. PMB was wrong. Period.

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