Mike Ozekhome (SAN), a onstitutional lawyer, has defined the suspension of Justice Walter Onnoghen as illegal and unconstitutional, Igbere Tv reports.
Ozekhome in a statement on today said the provisions of the constitution on appointment and removal of Justice Onnoghen was clear and was not followed by President Buhari.
Reacting tho the suspension, Ozekhome said; “The provisions of section 292(2) of the 1999 Constitution are quite clear on how the CJN can be removed from office. Aside sections 153,158 and parts 1 and 2 of the 3rd schedule to the Constitution, which provide that a judicial officer can not be removed from office until he has first been tried and dealt with by the National Judicial Council (NJC), Section 292(2) makes it clear that the president can only remove the CJN from office before the age of his retirement when “acting on an address supported by two-thirds majority of the Senate”. When did the Senate meet to donate this power to the president?”
He said Nigerians “should brace up, come out enmasse, to protest against this illegality.
He also said Nigerian lawyers and the NBA (Nigeria Bar Association) should shut down all courts in Nigeria until the CJN is returned to his seat.
He said this was achieved even under military dictatorship in Pakistan, when former Pakistani president, Pervez Musharraf illegally removed from office the then Chief Justice of Pakistan, Justice Iftikhar Mohammad Chaudhry on 11th March, 2007.
“All the lawyers went on strike,from 15th March, 2007, shut down the courts and protested on the streets for months, until a panel of 7 members of the Supreme Court sat and held that the removal was illegal and reinstated the Chief Justice.
He further said the National Assembly should also shut down in protest, Igbere Tv reports.
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