Statement of the New York City Bar Association on the Suspension of the Chief Justice of Nigeria and the Upcoming Elections
On the eve of the largest election in Africa’s history[1] (now scheduled for this Saturday, February 23),[2] the New York City Bar Association is gravely concerned by the suspension of Chief Justice Walter Onnoghen by Nigeria’s President Muhammadu Buhari.[3] President Buhari’s action came mere days after a petition alleging irregularities in the reporting of assets was lodged against the Chief Justice[4] by confidants of the President[5] – and mere weeks before the contentious, too-close-to-call Presidential election, which principally pits incumbent President Buhari, of the ruling All Progressive Congress (“APC”) party, against Atiku Abubakar, a former vice president and prominent business man, who is representing the People’s Democratic Party (“PDP”), the primary opposition party.[6]
The motives underlying the suspension of the Chief Justice are suspect because, under Nigerian law, the Chief Justice normally would play a key role in deciding any legal challenges to the election, in which President Buhari is seeking a second term.[7] The international community,[8] as well as Nigerian lawyers,[9] civil society,[10] and the Nigerian Senate,[11] have voiced concerns that the timing of President Buhari’s suspension of the Chief Justice may be seen as an attempt to ensure that the President prevails in any post-election legal challenges.[12]
Apart from the matter of its motivation, Nigerian legal scholars, international authorities, and commentators have observed that the Chief Justice’s suspension is also procedurally and substantively infirm.[13] The Nigerian Constitution provides for the Chief Justice’s removal by the President only where a two-thirds majority of the Senate supports the removal.[14] The President here lacks the requisite Senate support.[15] Because the President lacks the authority to unilaterally remove the Chief Justice, President Buhari’s suspension of the Chief Justice violates basic precepts of checks-and-balances and separation of powers that are embodied in Nigeria’s Constitution.[16] Further, it is highly troubling that the Code of Conduct Tribunal order that the President cites as the basis for the Chief Justice’s suspension was issued ex parte.[17] More fundamentally, however, the Code of Conduct Tribunal – part of the Executive Branch – is acting beyond its authority in entertaining the petition that was lodged with it. The Code of Conduct Tribunal’s own precedent squarely holds that cases involving judicial officers are subject to the exclusive jurisdiction of the National Judicial Council.[18] Moreover, in proceeding to consider the petition against the Chief Justice, the Code of Conduct Tribunal’s actions flouted the orders of at least four courts – the Court of Appeal, the National Industrial Court, the Court of Appeal, and two Federal High Courts.[19]
Under the U.N. Basic Principles on the Independence of the Judiciary, it is the duty of all governments to ensure the independence of the judiciary and to guard against any inappropriate or unwarranted interference with the judicial process.[20] The circumstances of President Buhari’s suspension of Chief Justice Onnoghen contravene clear provisions of the U.N. Basic Principles governing both the bases for, and the process for, the removal of a judge. Similarly, the Chief Justice’s actions cannot be reconciled with Nigeria’s obligations under the Economic Community of West African States (“ECOWAS”) Protocol on Democracy and Good Governance.[21]
Just as the U.N. Basic Principles on the Independence of the Judiciary are intended to safeguard judges and their ability to fulfil the duties of their office, the U.N. Basic Principles on the Role of Lawyers are intended to afford parallel protections for lawyers in their work. Some of the judges and defense lawyers who are handling the Chief Justice’s case unfortunately have been subject to threats, interference, and intimidation. Security forces arrested one of the Chief Justice’s senior defense counsel.[22] Harassment and detention of lawyers for their actions in carrying out the professional responsibilities constitutes a fundamental breach of the U.N. Basic Principles.[23]
In the past, Nigeria’s elections have been plagued by deadly violence.[24] Tensions were already running high this year, even before the President’s suspension of the Chief Justice further stoked the fires.[25] The one-week postponement of the election has made the situation more combustible.[26] [27] But the postponement also has left President Buhari with a critical window of opportunity to take action before the election to assuage existing reservations at home and throughout the international community as to Nigeria’s commitment to judicial independence, checks-and-balances, the separation of powers, and the rule of law.
The New York City Bar Association calls on President Buhari to immediately reinstate Chief Justice Onnoghen. In addition, if the petition pending before the Code of Conduct Tribunal is not withdrawn, it should be promptly dismissed for lack of jurisdiction. The Executive Branch has now filed papers setting forth the same allegations with the National Judicial Council, which is the sole competent forum under the Constitution.[28] Proceedings before the National Judicial Council should unfold in accordance with that body’s routine, established practice, ensuring that the Chief Justice is accorded the full measure of due process.
Nigeria’s 2019 national election coincides with the 20th anniversary of the nation’s return to democratic rule.[29] The eyes of the world will be on Nigeria tomorrow as its people head to the polls to cast their ballots. President Buhari must do everything in his power to see that the election is peaceful, free, fair, and fully consistent with Nigeria’s Constitution and laws, as well as all of Nigeria’s international human rights commitments. To that end, the President must take action now to restore Chief Justice Onnoghen to the bench and let the National Judicial Council process unfold in due course, so that the Chief Justice may preside over the Supreme Court when it is confronted with the inevitable thorny election-related disputes that lie ahead. Indeed, if the President were to fail to reinstate the Chief Justice, the Chief Justice’s unconstitutional suspension would itself cast a long shadow over the election and could serve as compelling grounds to contest both the integrity and the outcome of the electoral process.[30]
The New York City Bar Association will continue to monitor developments closely.
Roger Juan Maldonado
President
Victoria L. Safran
African Affairs Committee, Chair
William A. Wilson III
Task Force on the Independence of Lawyers and Judges, Chair
About the Association
The mission of the New York City Bar Association, which was founded in 1870 and has 24,000 members, is to equip and mobilize the legal profession to practice with excellence, promote reform of the law, and uphold the rule of law and access to justice in support of a fair society and the public interest in our community, our nation, and throughout the world. www.nycbar.org
Footnotes
[1] Nigeria Braces for Climax of Rancorous Presidential Showdown (Wall Street Journal, Feb. 15, 2019), https://www.wsj.com/articles/nigeria-braces-for-outcome-of-rancorous-presidential-showdown-11550226600. (All websites cited in this letter were last visited on February 22, 2019.)
[2] Nigerian parties condemn last-minute election delay (CNN, Feb. 16, 2019), https://www.cnn.com/2019/02/15/africa/nigeria-elections-delayed/index.html (dates of rescheduled presidential and national assembly elections, as well as the rescheduled state/local elections, which are held one week after the presidential and national assembly elections). The Independent National Electoral Commission (“INEC”) announced the postponements five hours before the polls were scheduled to open on February 16, 2019. See Nigeria Postpones Presidential Election Hours Before Polls Were Set to Open (Wall Street Journal, Feb. 16, 2019) (stating that INEC announced postponement just five hours before the polls were scheduled to open on February 16, 2019), https://www.wsj.com/articles/nigeria-delays-presidential-election-to-feb-23-11550292750.
Stated reasons for the postponement include problems with the transportation of electoral materials – such as ballots and tally sheets – to some parts of the country, inclement weather, and sabotage of INEC facilities, three of which have been torched in recent weeks, incinerating thousands of voter cards and electronic smart card readers. See generally, e.g., Nigeria election 2019: Appeal for calm after shock delay (BBC News, Feb. 16, 2019),
https://www.bbc.com/news/world-africa-47265993; Nigerians suspicious after last-minute election delay (Financial Times, Feb. 16, 2019), https://www.ft.com/content/7e78c098-321f-11e9-bd3a-8b2a211d90d5.
[3] Nigeria’s Buhari suspends chief judge, drawing opposition ire before election (Reuters, Jan. 25, 2019), https://www.reuters.com/article/us-nigeria-politics/nigerias-buhari-suspends-chief-judge-drawing-opposition-ire-before-election-idUSKCN1PJ1YQ; Nigeria Leader Sparks Pre-Vote Crisis by Replacing Top Judge (Bloomberg News, Jan. 25, 2019), https://www.bloomberg.com/news/articles/2019-01-25/buhari-suspends-nigeria-s-top-judge-ahead-of-election-aide-says-jrcau3pn.
[4] E.g., Above the law — Nigeria’s president sacks the chief justice weeks before an election: Critics say it is to remove a judge who may have ruled against him (The Economist, Jan. 26, 2019) (observing that “[t]he wheels of justice turn slowly in Nigeria. On the rare occasions when corruption cases are brought against prominent people, petitions can take years to resolve. It was therefore unusual that on January 25th President . . . Buhari suspended Nigeria’s Chief Justice, a mere 15 days after allegations of impropriety were lodged” against the Chief Justice.), https://www.economist.com/middle-east-and-africa/2019/02/02/nigerias-president-sacks-the-chief-justice-weeks-before-an-election; Nigeria’s Election Brings Dual Crises Back to the Polls: Corruption and Boko Haram (New York Times, Feb. 11, 2019) (highlighting the Code of Conduct Tribunal’s “unprecedented speed and efficiency” in proceeding against the Chief Justice), https://nyti.ms/2UZuMdt.
At the time he was suspended, the Chief Justice was within hours of appointing the members of electoral tribunals. See, e.g., Buhari violated Nigeria’s constitution – Atiku (Vanguard, Feb. 19, 2019) (noting that the Chief Justice was suspended “the day before he was to appoint the judges for the electoral tribunals that will decide any appeals [concerning] whether . . . [the] elections were subject to manipulation”), https://www.vanguardngr.com/2019/02/buharis-violated-nigerias-constitution-atiku/; U.S., U.K. and E.U. Show Concern Over Suspension of Nigeria’s Chief Justice Ahead of Presidential Elections (Time Magazine/Associated Press, Jan. 26, 2019) (emphasizing the timing of the Chief Justice’s removal, noting that “the suspension occurred shortly before the chief justice was to swear in members of various election petition tribunals”), http://time.com/5513925/concern-nigeria-chief-justice-suspended/.
[5] E.g., Nigeria’s suspended chief justice denies assets charges (Al Jazeera, Feb. 15, 2019) (reporting that “[a]ccusations have swirled that the case is politically motivated, as the initial complaint was made by a former spokesman for President . . . Buhari”), https://www.aljazeera.com/news/2019/02/nigeria-suspended-chief-justice-denies-assets-charges-190215150156391.html; Two Govs, Buhari’s Aides Linked To Petition Against Onnoghen (The Daily Independent, Jan. 15, 2019) (stating that the petition was lodged against the Chief Justice by the Executive Secretary of the Anti-Corruption and Research-Based Data Initiative (“ARDI”), who is a former top aide to President Buhari (from 2009-2011), as well as “the founding member of The Buhari Organisation” and the first national public secretary of now-defunct Congress for Progressive Change (“CPC”)), https://www.msn.com/en-xl/africa/top-stories/two-govs-buhari%E2%80%99s-aides-linked-to-petition-against-onnoghen/ar-BBSg8Eq.
The Code of Conduct Tribunal proceedings are tainted by conflicts of interest. The prosecutor in those proceedings serves as the strategic head of communications for President Buhari’s campaign. See Is the Nigerian government gagging the judiciary ahead of presidential elections in February? (Global Voices, Jan. 16, 2019), https://globalvoices.org/2019/01/16/is-the-nigerian-government-gagging-the-judiciary-ahead-of-presidential-elections-in-february/.
[6] E.g., UK Statement on Suspension of Nigerian Chief Justice: The British High Commission Expresses Serious Concern Over the Suspension of the Chief Justice of Nigeria (UK Government/Foreign Office, Jan. 26, 2019) (observing that “the timing [of the President’s suspension of the Chief Justice], so close to national elections, gives cause for concern” and “risks affecting both domestic and international perceptions on the credibility of the . . . elections”), https://www.gov.uk/government/news/uk-statement-on-suspension-of-nigerian-chief-justice; Nigeria’s Leader Suspends Chief Justice 3 Weeks Before Vote (New York Times/Associated Press, Jan. 29, 2019), https://nyti.ms/2Sb7Vh2; Nigeria Braces for Climax of Rancorous Presidential Showdown (Wall Street Journal, Feb. 15, 2019) (reporting that “polls show a race that is too close to call”), https://www.wsj.com/articles/nigeria-braces-for-outcome-of-rancorous-presidential-showdown-11550226600; ‘It’s Not Getting Better’: Nigeria Braces for Election Day as Frustrations Boil (New York Times, Feb. 14, 2019) (predicting “a tight election”),
[7] A Brewing Constitutional Crisis in Nigeria (Council on Foreign Relations, Jan. 31, 2019) (explaining that “[b]eyond the broader roles of the judiciary, under Nigeria’s law, the Supreme Court has original jurisdiction and the final say in matters related to election petitions in a presidential election”), https://www.cfr.org/blog/brewing-constitutional-crisis-nigeria; Nigerian chief justice’s suspension raises international concerns (BBC News, Jan. 26, 2019) (stating that “Nigeria’s chief justice plays a vital role in settling election disputes”), https://www.bbc.com/news/world-africa-47015698; Above the law — Nigeria’s president sacks the chief justice weeks before an election: Critics say it is to remove a judge who may have ruled against him (The Economist, Jan. 26, 2019) (reporting that “[t]here are probably two reasons why . . . Buhari sacked [the CJ], critics say. Both are political. First, the Supreme Court is due to hear appeals lodged by the All Progressives Congress . . . Mr. Buhari’s party, against decisions by the INEC, which barred it from running candidates in two of Nigeria’s 36 states. Mr. Onnoghen is viewed by the APC as being close to [the opposition party]. Second, the chief justice would have to preside over any litigation arising from a disputed election result. This matters in a country with a history of electoral shenanigans, preceded and followed by deadly violence.”), https://www.economist.com/middle-east-and-africa/2019/02/02/nigerias-president-sacks-the-chief-justice-weeks-before-an-election.
[8] Nigeria: Current Issues and U.S. Policy at 5 (Congressional Research Service, Feb. 1, 2019), https://fas.org/sgp/crs/row/RL33964.pdf; U.N. Special Rapporteur for the Independence of Judges and Lawyers, Nigeria: Judicial independence under threat, warns UN human rights expert (U.N. Office of the High Commissioner for Human Rights, Feb. 11, 2019), https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24152&LangID=E; UN: Suspension of Nigeria’s top judge breaches human rights (Al Jazeera, Feb. 11, 2019), https://www.aljazeera.com/news/2019/02/suspension-nigeria-top-judge-breaches-human-rights-190211101744619.html; U.S., U.K. and E.U. Show Concern Over Suspension of Nigeria’s Chief Justice Ahead of Presidential Elections (Time Magazine, Jan. 26, 2019), http://time.com/5513925/concern-nigeria-chief-justice-suspended/; Statement on the Suspension and Replacement of the Chief Justice (U.S. Embassy & Consulate in Nigeria, Jan. 26, 2019), https://ng.usembassy.gov/statement-on-the-suspension-and-replacement-of-the-chief-justice/; US reacts to suspension of CJN, Onnoghen (Pulse.ng, Jan. 26, 2019), https://www.pulse.ng/news/politics/us-reacts-to-suspension-of-cjn-onnoghen/09m989l; UK Statement on Suspension of Nigerian Chief Justice: The British High Commission Expresses Serious Concern Over the Suspension of the Chief Justice of Nigeria (UK Government/Foreign Office, Jan. 26, 2019), https://www.gov.uk/government/news/uk-statement-on-suspension-of-nigerian-chief-justice; Onnoghen’s Suspension So Close To Elections Gives Cause For Concern, Says UK (Sahara Reporters, Jan. 26, 2019)
http://saharareporters.com/2019/01/26/onnoghens-suspension-so-close-elections-gives-cause-concern-says-uk; Suspension of the Chief Justice of Nigeria – statement from the EU Election Observation Mission (Jan. 26, 2019),
https://cdn2-eeas.fpfis.tech.ec.europa.eu/cdn/farfuture/PWBTDlqOxs4tpsZ50uTbVcvlrfWHONhDTKRCXmcCwtw/mtime:1548510779/sites/eeas/files/statement_from_the_eu_election_observation_mission_on_the_suspension_of_the_chief_justice_of_nigeria_26.1.19.pdf; EU observer mission reacts to Onnoghen’s suspension (Pulse, Jan. 28, 2019), https://www.pulse.ng/news/politics/eu-observer-mission-reacts-to-onnoghens-suspension/lm5hp8w; US, EU express concern after Nigeria chief justice suspended (The Daily Mail/Associated Press, Jan. 26, 2019),
https://www.dailymail.co.uk/wires/ap/article-6635217/US-EU-express-concern-Nigeria-chief-justice-suspended.html; Onnoghen: EU & UK Raise Concerns Over Suspension of Chief Justice of Nigeria (UNIC Press, Jan. 26, 2019), http://unicpress.com/2019/01/27/onnoghen-eu-uk-raise-concerns-suspension-chief-justice-nigeria/.
[9] Nigerian lawyers to strike over suspension of top judge (Al Jazeera, Jan. 28, 2019), https://www.aljazeera.com/news/africa/2019/01/nigerian-lawyers-strike-suspension-top-judge-190128170725271.html; Coup Against the Nigerian Judiciary and Suspension of the Nigerian Constitution (Nigerian Bar Association, Jan. 25, 2019), https://www.nigerianbar.org.ng/index.php/news1/1117-coup-against-the-nigerian-judiciary-and-suspension-of-the-nigerian-constitution-2; Nigeria Opposition Leader Calls Top Judge Suspension Illegal (Bloomberg, Jan. 28, 2019), https://www.bloomberg.com/news/articles/2019-01-28/nigeria-s-opposition-leader-says-buhari-breaching-constitution?mod=djem_Frontiers; Discontinue Onnoghen CJN’s CCT Trial Forthwith! Follow Due Process and Uphold the Rule of Law (Nigerian Bar Association, Jan. 21, 2019), https://www.nigerianbar.org.ng/index.php/news1/1113-discontinue-onnoghen-cjn-s-cct-trial-forthwith-follow-due-process-and-uphold-the-rule-of-law; Rule of Law and the Leadership Crisis in Nigeria’s Judiciary (Nigerian Bar Association, Jan. 31, 2019), https://www.nigerianbar.org.ng/index.php/news1/1134-rule-of-law-and-the-leadership-crisis-in-nigeria-s-judiciary; FRN v Onnoghen – Code of Conduct Tribunal (Nigerian Bar Association, Feb. 12, 2019), https://www.nigerianbar.org.ng/index.php/news1/1180-frn-v-onnoghen-code-of-conduct-tribunal; Assault, Intimidation and Desecration of the Judiciary Must Stop (Nigerian Bar Association, Jan. 12, 2019)
[10] Statement on the Suspension of the Chief Justice of Nigeria (National Democratic Institute and International Republican Institute, Jan. 28, 2019), https://www.ndi.org/publications/statement-suspension-chief-justice-nigeria; Chief Justice’s Suspension Casts Doubts Over Nigeria Elections, NDI Says (Front Page Africa, Jan. 31, 2019), https://frontpageafricaonline.com/news/chief-justices-suspension-casts-doubts-over-nigeria-elections-ndi-says/; Nigerian Civil Society Situation Room Condemns President Buhari’s Purported Suspension of Chief Justice Onnoghen (Jan. 25, 2019), http://www.placng.org/situation_room/sr/wp-content/uploads/2019/01/Situation-Room-Condemns-President-Buhari%E2%80%99s-Purported-Suspension-Of-Chief-Justice-Onnoghen.pdf.
[11] Nigeria Senate Takes Top Judge’s Suspension to Supreme Court (Bloomberg News, Jan. 29, 2019), https://www.bloomberg.com/news/articles/2019-01-29/nigerian-senate-takes-top-judge-s-suspension-to-supreme-court; Press focuses on alleged plot to rig elections, Senate’s suit at Supreme Court (Journal du Cameroun, Feb. 5, 2019), https://www.journalducameroun.com/en/press-focuses-on-alleged-plot-to-rig-elections-senates-suit-at-supreme-court/.
[12] E.g., Nigeria police ordered to arrest suspended chief justice (Africa News/Reuters, Feb. 14, 2019) (reporting that the President Buhari’s suspension of the Chief Justice has led critics to accuse the President of “interfering in the electoral process”), http://www.africanews.com/2019/02/14/nigeria-police-ordered-to-arrest-suspended-chief-justice/; This Week on the Frontiers, February 2nd 2019 (Wall Street Journal, Feb. 4, 2019) (noting that the President’s suspension of the Chief Justice has “prompted fears of vote-rigging”), https://blogs.wsj.com/frontiers/2019/02/04/this-week-on-the-frontiers-february-2nd-2019/; Nigeria Senate Takes Top Judge’s Suspension to Supreme Court (Bloomberg News, Jan. 29, 2019) (quoting an economic analyst observing that the timing of the President’s suspension of the Chief Justice “raises questions about the government’s motives”), https://www.bloomberg.com/news/articles/2019-01-29/nigerian-senate-takes-top-judge-s-suspension-to-supreme-court; A Brewing Constitutional Crisis in Nigeria (Council on Foreign Relations, Jan. 31, 2019) (stating that “[m]any analysts . . . see the [President’s suspension of the Chief Justice] as a calculated attempt [by the President] to gain some electoral advantage” if the announced results of the Presidential election should end up in the Supreme Court,” which “has original jurisdiction and the final say in matters related to election petitions in a presidential election”), https://www.cfr.org/blog/brewing-constitutional-crisis-nigeria.
[13] See generally A Brewing Constitutional Crisis in Nigeria (Council on Foreign Relations, Jan. 31, 2019) (outlining “the two ways that the [chief justice] can be removed from office. First, the president can remove the [chief justice] only after making a case for his removal to the senate and receiving the vote of two-thirds of its members. Second, the National Judicial Council (NJC) can recommend the removal of the [chief justice] to the president [following NJC proceedings], at which point the president can remove him. President Buhari neither addressed the senate nor received a two-thirds majority in favor of the [Chief Justice’s] removal, nor did [President Buhari] receive a recommendation from the NJC that the [Chief Justice] be removed.”), https://www.cfr.org/blog/brewing-constitutional-crisis-nigeria.
[14] Constitution of the Federal Republic of Nigeria (1999), http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm; Discontinue Onnoghen CJN’s CCT Trial Forthwith! Follow Due Process and Uphold the Rule of Law (Nigerian Bar Association, Jan. 21, 2019) (citing section 292(1)(a)(i) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and stating that, pursuant to the Constitution, “[a] judicial officer shall not be removed from his office or appointment before his age of retirement except in the following circumstances . . . [I]n the case of [the] Chief Justice of Nigeria . . . by the President acting on an address . . . supported by two-thirds majority of the Senate”), https://www.nigerianbar.org.ng/index.php/news1/1113-discontinue-onnoghen-cjn-s-cct-trial-forthwith-follow-due-process-and-uphold-the-rule-of-law; 20 points to note about the suspension of CJN Onnoghen (The Scoop, Jan. 26, 2019) (citing specific provisions of the Constitution and other authority and explaining that “[t]he [Chief Justice] as a judicial officer can only be removed from office by the President acting on an address supported b two thirds majority of the Senate for his inability to discharge the functions of his office or appointment (whether arising from infirmity of mind or body) or for misconduct or contravention of the Code of Conduct”), http://www.thescoopng.com/2019/01/26/suspend-onnoghen/; Agbakoba sues AGF over Onnoghen’s suspension (Punch, Feb. 7, 2019) (stating that “the Constitution of the Federal Republic of Nigeria 1999 provides for the removal of the Chief Justice . . . [only] based on the recommendation of the National Judicial Council or an address by the President supported by two-thirds majority of the Senate”), https://punchng.com/just-in-agbakoba-sues-agf-over-onnoghens-suspension/.
[15] The President acted unilaterally in suspending the Chief Justice. He did not seek the approval of a two-thirds majority of the Senate, which would not have been forthcoming. See, e.g., Above the law — Nigeria’s president sacks the chief justice weeks before an election: Critics say it is to remove a judge who may have ruled against him (The Economist, Jan. 26, 2019) (observing that “Mr. Buhari did not seek support from the Senate, where he lacks the two-thirds majority needed to oust the chief justice”), https://www.economist.com/middle-east-and-africa/2019/02/02/nigerias-president-sacks-the-chief-justice-weeks-before-an-election; Nigeria: Current Issues and U.S. Policy at 5 (Congressional Research Service, Feb. 1, 2019) at 5 (stating that the President suspended the Chief Justice unilaterally, “without the support of the legislature”), https://fas.org/sgp/crs/row/RL33964.pdf.
In fact, the Senate has affirmatively condemned the President’s actions. Among other things, the Senate formally called upon the President to reinstate the Chief Justice. See Above the law — Nigeria’s president sacks the chief justice weeks before an election: Critics say it is to remove a judge who may have ruled against him (The Economist, Jan. 26, 2019), https://www.economist.com/middle-east-and-africa/2019/02/02/nigerias-president-sacks-the-chief-justice-weeks-before-an-election. In addition, the Senate filed a lawsuit challenging the Chief Justice’s suspension, which was later dropped when a petition was filed with the National Judicial Council, the proper forum for the resolution of allegations such as those leveled against the Chief Justice. See Agbakoba sues AGF over Onnoghen’s suspension (Punch, Feb. 7, 2019), https://punchng.com/just-in-agbakoba-sues-agf-over-onnoghens-suspension/.
[16] Constitution of the Federal Republic of Nigeria (1999), http://www.nigeria-law.org/ConstitutionOfTheFederalRepublicOfNigeria.htm; see also, e.g., Above the law — Nigeria’s president sacks the chief justice weeks before an election: Critics say it is to remove a judge who may have ruled against him (The Economist, Jan. 26, 2019) (noting that “Nigeria’s constitution seeks to balance the executive, legislative and judicial branches of government; a power play by one part against a second needs the consent of the third.”).
[17] U.N. Special Rapporteur for the Independence of Judges and Lawyers, Nigeria: Judicial independence under threat, warns UN human rights expert (U.N. Office of the High Commissioner for Human Rights, Feb. 11, 2019) (noting that the Code of Conduct Tribunal’s order was issued ex parte), https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24152&LangID=E; 20 points to note about the suspension of CJN Onnoghen (The Scoop, Jan. 26, 2019) (referring to the Code of Conduct Tribunal’s ex parte order dated January 23, 2019), http://www.thescoopng.com/2019/01/26/suspend-onnoghen/.
[18] U.N. Special Rapporteur for the Independence of Judges and Lawyers, Nigeria: Judicial independence under threat, warns UN human rights expert (U.N. Office of the High Commissioner for Human Rights, Feb. 11, 2019) (emphasizing that the Code of Conduct Tribunal, “in a previous case, 8 months earlier, held that it lacked jurisdiction over cases involving judicial officers, which are properly the jurisdiction of National Judicial Council), https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24152&LangID=E; Discontinue Onnoghen CJN’s CCT Trial Forthwith! Follow Due Process and Uphold the Rule of Law (Nigerian Bar Association, Jan. 21, 2019) (noting that “[e]stablished judicial precedents” require that allegations involving a judge be handled by the National Judicial Council, rather than the Code of Conduct Tribunal), https://www.nigerianbar.org.ng/index.php/news1/1113-discontinue-onnoghen-cjn-s-cct-trial-forthwith-follow-due-process-and-uphold-the-rule-of-law;
UN: Suspension of Nigeria’s top judge breaches human rights (Al Jazeera/Reuters, Feb. 11, 2019) (pointing out that the Code of Conduct Tribunal has “previously said it lacked jurisdiction over cases involving judicial officers”), https://www.aljazeera.com/news/2019/02/suspension-nigeria-top-judge-breaches-human-rights-190211101744619.html.
[19] U.N. Special Rapporteur for the Independence of Judges and Lawyers, Nigeria: Judicial independence under threat, warns UN human rights expert (U.N. Office of the High Commissioner for Human Rights, Feb. 11, 2019) (observing that “four national courts hierarchically superior to the Code of Conduct Tribunal had ordered a stay of its proceedings), https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24152&LangID=E;
UN expert warns dismissal of Nigeria chief justice a grave attack on judicial independence (Jurist, Feb. 11, 2019) (same), https://www.jurist.org/news/2019/02/un-expert-warns-dismissal-of-nigeria-chief-justice-a-grave-attack-on-judicial-independence/; UN: Suspension of Nigeria’s top judge breaches human rights (Al Jazeera/Reuters, Feb. 11, 2019) (same), https://www.aljazeera.com/news/2019/02/suspension-nigeria-top-judge-breaches-human-rights-190211101744619.html; Nigerian govt suspends top judge before elections (News24/Agence France-Presse, Jan. 26, 2019) (stating that the Chief Justice “secured an interim Court of Appeal injunction ordering the [Code of Conduct Tribunal] to halt proceedings pending a ruling on his application to throw out the case”), https://www.news24.com/Africa/News/nigeria-government-suspends-top-judge-before-elections-20190125; Buhari dismisses criticism following suspension of country’s top judge (CNN, Jan. 28, 2019) (noting that the Chief Justice “had secured a temporary injunction [of] his hearing” before the Code of Conduct Tribunal), https://www.cnn.com/2019/01/26/africa/buhari-nigeria-judge-elections-intl/index.html; Nigerian Opposition Leader Calls Top Judge Suspension Illegal (Bloomberg News, Jan. 28, 2019) (reporting that the “Federal High Court declined on Jan. 22 the government’s request that Onnoghen be made to stand down, and, two days later, an appeals court ordered the suspension of his trial” before the Code of Conduct Tribunal),
https://www.bloomberg.com/news/articles/2019-01-28/nigeria-s-opposition-leader-says-buhari-breaching-constitution; Agbakoba sues AGF over Onnoghen’s suspension (Punch, Feb. 7, 2019) (reporting that a former President of Nigerian Bar Association has sued the Attorney General of Nigeria, as well as the National Judicial Council, in Federal High Court in Lagos, challenging suspension of Chief Justice), https://punchng.com/just-in-agbakoba-sues-agf-over-onnoghens-suspension/; Nigeria’s Buhari under pressure over judge suspension (Daily Nation/Agence France-Presse, Jan. 27, 2019) (referring to “a Court of Appeal injunction ordering the [Code of Conduct Tribunal] to suspend proceedings while an application to throw out the charges was heard” by the appellate court), https://www.nation.co.ke/news/africa/Buhari-under-pressure-over-judge-suspension/1066-4953142-qiiqt1z/index.html; Agbakoba “Shocked” Over CCT’s Order For Justice Onnoghen’s Arrest (Concise News, Feb. 13, 2019) (referring to “the pending matters in the [National Judicial Council], Appeal Court and Federal High Court”), https://www.concisenews.global/2019/02/13/agbakoba-shocked-over-ccts-order-for-justice-onnoghens-arrest/; Two Govs, Buhari’s Aides Linked To Petition Against Onnoghen (The Daily Independent, Jan. 15, 2019) (discussing, inter alia, “a Federal High Court sitting in Abuja on [January 14] restrained the Federal Government from arraigning [the Chief Justice] before the Code of Conduct Tribunal in Abuja,” “two separate suits . . . filed at the Federal High Court . . . demanding an order that the arraignment [of the Chief Justice by the Code of Conduct Tribunal] should be stopped” pending decisions on the merits by the Federal High Courts),
[20] U.N. Basic Principles on the Independence of the Judiciary, Arts. 1, 4, 11-12, 17-20, https://www.ohchr.org/en/professionalinterest/pages/independencejudiciary.aspx.
[21] Economic Community of West African States (ECOWAS) Protocol on Democracy and Good Governance,
https://www.ohchr.org/EN/Issues/RuleOfLaw/CompilationDemocracy/Pages/ECOWASProtocol.aspx; Statement on the Suspension of the Chief Justice of Nigeria (National Democratic Institute and International Republican Institute, Jan. 28, 2019) (pointing out that, “[c]onsistent with the Economic Community of West African States (ECOWAS) Protocol on Democracy and Good Governances, actions such as [the suspension of the Chief Justice] taken so close to Election Day should be done through consensus and in consultation with all political actors so as not to be perceived as unfairly impacting the electoral process”), https://www.ndi.org/publications/statement-suspension-chief-justice-nigeria.
[22] U.N. Special Rapporteur for the Independence of Judges and Lawyers, Nigeria: Judicial independence under threat, warns UN human rights expert (U.N. Office of the High Commissioner for Human Rights, Feb. 11, 2019).
[23] U.N. Basic Principles on the Role of Lawyers, Arts. 16-18, https://www.ohchr.org/en/professionalinterest/pages/roleoflawyers.aspx.
[24] U.N. Basic Principles on the Role of Lawyers, Arts. 16-18, https://www.ohchr.org/en/professionalinterest/pages/roleoflawyers.aspx.
[25] The Guardian view on Nigeria’s election: 84m voters deserve better (The Guardian, Feb. 10, 2019) (stating that “deadly post-election unrest is a persistent problem”),
https://www.theguardian.com/commentisfree/2019/feb/10/the-guardian-view-on-nigerias-elections-84m-voters-deserve-better; 10 Conflicts to Watch in 2019 (Foreign Policy, Dec. 28, 2018) (stating that “Nigerian elections are traditionally violent affairs,” noting that, for example, “[d]emonstrations after the 2011 polls morphed into attacks on minorities across northern Nigeria” and “more than 800 people died”), https://foreignpolicy.com/2018/12/28/10-conflicts-to-watch-in-2019-yemen-syria-afghanistan-south-sudan-venezuela-ukraine-nigeria-cameroon-iran-israel-saudi-arabia-united-states-china-kurds-ypg/.
[26] E.g., Testimony of Assistant Secretary, Bureau of African Affairs, U.S. Department of State, Nigeria at a Crossroads: The Upcoming Elections (Dec. 13, 2018) (testifying that U.S. Department of State at the time of the testimony was “already seeing increased tensions and polarization as the election approaches”), https://www.state.gov/p/af/rls/rm/2018/288087.htm.
[27] E.g., Nigerians get ready for election day (again) (CNN, Feb. 22, 2019) (reporting that the postponement of the election “has increased tensions in this crucial vote”), https://www.cnn.com/2019/02/22/africa/nigeria-prepare-elections-again-intl/index.html.
E.g., FRN v Onnoghen – Code of Conduct Tribunal (Nigerian Bar Association, Feb. 12, 2019) (advising that an exact replica of the petition pending before the Code of Conduct Tribunal has been filed with the National Judicial Council), https://www.nigerianbar.org.ng/index.php/news1/1180-frn-v-onnoghen-code-of-conduct-tribunal.
[29] Testimony of Assistant Secretary, Bureau of African Affairs, U.S. Department of State, Nigeria at a Crossroads: The Upcoming Elections (Dec. 13, 2018), https://www.state.gov/p/af/rls/rm/2018/288087.htm; Nigeria’s presidential elections – A test for democracy in Africa (Naija, Feb. 13, 2019), https://naija247news.com/2019/02/13/nigerias-presidential-elections-a-test-for-democracy-in-africa/.
[30] E.g., Nigeria Senate Takes Top Judge’s Suspension to Supreme Court (Bloomberg News, Jan. 29, 2019) (noting that the President’s suspension of the Chief Justice “raises risks of contestation once [election] results are in”), https://www.bloomberg.com/news/articles/2019-01-29/nigerian-senate-takes-top-judge-s-suspension-to-supreme-court; Oil Fell, Unemployment Soared and Now Nigeria Votes: Quick Take (Washington Post/Bloomberg, Jan. 31, 2019) (indicating that the President’s suspension of the Chief Justice poses a major threat to the credibility of the election), https://www.washingtonpost.com/business/oil-fell-unemployment-soared-and-now-nigeria-votes-quicktake/2019/01/31/e26fe25a-2533-11e9-b5b4-1d18dfb7b084_story.html?utm_term=.90e1e8f9f4b3.
