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The Unconstituional Attempt To Remove The Chief Justice Of Nigeria Is A Coup Against The Nigerian Judicial System.

By ALAIGBO DEVELOPMENT FOUNDATION (ADF)
Justice Walter Samuel Nkanu Onnoghen
Justice Walter Samuel Nkanu Onnoghen

The aborted move by the Executive arm of the Federal Government of Nigeria, headed by President Mohammadu Buhari to remove the Chief Justice of Nigeria (CJN), Justice Walter Samuel Nkanu Onnoghen over non-declaration of assets, is unconstitutional, illegal,morally reprehensible and an assault on whatever currently remains of the democratic institutions of the crisis-ridden Nigerian State.It amounts to a coup against the State and, in fact could be considered a treasonable felony for which any regime deserves an impeachment.

The Alaigbo Development Foundation (ADF) condemns the move to remove the Chief Justice of Nigeria on three grounds, namely, procedure,timing and motive.

First, it fragrantly sought to subvert the constitutional procedure for the removal of any Justice of the Federation including the Chief Justice. Not only did it flout Part 1 of the Third Schedule of the 1999 constitution of the Federal Republic of Nigeria as amended, by which the National Judicial Council is empowered to exercise disciplinary control over judicial officers (including the Chief Justice of the Federation) against whom allegations and complaints of misconduct have been made.

It also flouted the JUDICIAL DISCIPLINARY REGULATIONS 2017, which provides the procedures for laying complaint and every step that will be taken therefrom; such as the setting up of an investigating committee, the report of the Committee, interim suspension pending final decision, etc.

It has been emphasized by several commentators on this sad event, that the procedure for the discipline of judicial officers was provided under the Constitution to protect the independence of the judiciary and uphold the principle of Separation of Powers, particularly among the three major arms of Government.

This aborted coup also came at a wrong time, a few weeks to the 2019 general elections, an election in which there have been obvious signs that the regime in power as bent on rigging.

Already by refusing to sign the Amended Electoral Act passed severally by the National Assembly and considering the obvious fraudulent new rules being introduced into the modalities for the election in addition to the brazen nepotism in the appointment of the National Collation officer for the elections as well as other sundry measures, the stage is set for the rigging of the Elections and return of President Buhari to power,irrespective of whatever the over 180 million citizens may say through their ballot. Thus, there are grave moral issues raised by the attempted coup against the Judiciary.

But this is not the first time such morally reprehensive actions have been embarked upon by the Executive. It may not even be the last.

The lessons of the aborted coup.
The story that President Buhari was not aware of the attempt to remove the Chief Justice is a story for umuaka or children. It is only when he orders the arrest and trial of the people responsible for the attempted coup against the Judiciary shall we believe in his lack of complicity in this breach of the constitution.

Whatever is the case, this incident clearly places serious doubts as to whether Nigeria has any government, and more over that President Buhari is not in control. Rather, a mindless Mafia is in control.This present incident shows the limitless audacity and lawlessness in a country of over 180 million people.

A Wake-up Call!
For how long shall this lawlessness and anarchy be allowed to prevail in the Republic? Nigeria has no Executive arm of Government. If President Buhari says Nigeria has he should show it by the way he handles this recent incident of an attempted coup and an attempt to plunge the country into generalized bloodshed.

Consider what would happen if the mafia had been allowed to press on with their mindless determination to remove the Chief Justice. Recall the reaction of the people, from the most conservative elements to the masses, from opposition elements to those with a bit of conscience in government; almost everybody rose in unism to condemn this brazen act of lawlessness.

Blood is already flowing in the Country every minute of the day because the government is incapable of protecting the lives and property of the citizens, especially those within certain sections of the country.

We cannot in all honesty blame the National Assembly which is expected to take decisive action to end anarchy and lawlessness of the Executive because the NASS is itself under siege. With the euphoria of election, the buck is now passed on to the people to reclaim their mandate and liberate themselves.

Everyday there are signs demonstrating clearly that the Nigerian state exists only in name and not in actuality. What makes a state is not the population, not the existence of a Head of State or even a legislature; it is not even the judiciary or other economic and social institutions. What qualifies these as elements of a State is RULE OF LAW, and it is usually embodied in the fundamental law of the State called Grund Norm or the Constitution. A Constitution, no matter how it is derived, even from the most hallowed processes of the Will of the PEOPLE, as when the PEOPLE democratically give themselves a particular Constitution, it can still be subverted. It is a Constitution that is enforceable and enforced; first by the Judiciary and the Legislature, but above all by the PEOPLE themselves. And how do the people enforce the Constitution? It is through periodic elections.

In between elections, if an Executive over-reaches itself, it is the Judiciary that puts it in check, but Ifthe excesses of the Executiveare so overbearing, that it is incapable of acting in accordance with the Constitution, an impeachment becomes inevitable. It is the Judiciary that confirms that there are sufficient grounds for its impeachment. Finally, the Legislature takes the final action of voting on impeachment, If successful, the Executive is removed.

The ULTIMATE POWER OF THE PEOPLE is exercised as provided for by the Constitution during elections. Then, there is the fundamental question – assuming the Executive sufficiently subverts the Constitution to the extent that it can neither be constitutionally checked nor removed by the other arms of Government or even by the people democratically through elections, then the people are challenged and therefore have the legitimate right to rise and RECLAIM their SOVEREIGN POWER and institute another.

There are numerous cases in history when the people have so risen to reclaim their Sovereign power through mass action or call it insurrection if you like. The Nigerian situation is tending towards it.

Tragically, all these are mere academic theory under a fascist regime that has taken full control of the instruments of terror in the State. Such fascism is most likely to exist in a multi-ethnic society like Nigeria as is presently the case. A desperate fascist regime can easily plunge the State into a State of civil war. This is what the cabals in are gearing up to.

The Roots of the Self-Confidence of the neo-fascist political order in Nigeria.

These include,

  1. Control of the security forces and subjecting them to ethnic control and manipulations,
  2. Political control of the financial institutions of the state as well as the movement of funds.
  3. Liquidation of the businesses. source of finances and financial lodgments of the citizens,
  4. Physical and administrative liquidation of unfriendly security personnel,
  5. Blackmail of corrupt politicians and protection of those who surrender to the blackmail and join them. In the present Nigerian situation, the EFCC, DSS, the police and other organs of the State, are mainly the organs of blackmail by the regime.
  6. Control of the media. The rise of the social media a counter-balancing popular instrument is being daily compromised by the spread of fake news.
  7. Protection of corrupt security personnel politically obliged to the regime.
  8. Maintenance of militia ready to strike in case of any political crises, etc.

Democratic Audacity versus Fascist Audacity
The Democratic Audacity of the Governors of the South-South deserves salute and commendation. It is a re-awakening of the spirit of Self-Determination and rise of the power of Regional Autonomy, This is the only way to counter the dictatorship of ethnic hegemony in a multi-ethnic society.

DO NOT HONOUR ANY KANGAROO ARRAIGNMENT!, the South-South Governors tell their kinsman,Justice Walter Samuel NkanuOnnoghen, Chief Justice of Nigeria (CJN)

With this the Bell of Democratic Resistance Against ethnic hegemony has been sounded loud and clear!!!

When shall the South-East Governors rise to that level of self-confidence and patriotism? The spirit of freedom is raging everywhere including Alaigbo. Those who try to subvert it will have themselves to blame.

OnyeUgbogburuNtiGburuya.
The greatest source of political suicide by any tyrant is when it is unable to know the limit to respect.MgbeOnwu choro Igbunwankita, omeyaanaghkwaanuishinsi.

Nigerians defend yourselves! Ethnic nationalities defend yourselves!!

Ndigbo defend yourselves!!
You must confront Ethnic Hegemonic Fascist Audacity with Democratic Audacity!!!

Hear he South-South Governors once more –
..we consider this step which is directly aimed at humiliating the nation’s highest judicial officer and a prominent son of the region, as totally unacceptable as it is reflective of the South-South story of endless marginalization and intimidation …

How one wishes those in the so-called South-East zone could speak with similar patriotic audacity to protect Mr. Peter Obi, instead of making fun and fool of themselves because of empty promises meant to manipulate and intimidate them in order to sustain the Ethnic Hegemony in power.

PROF UZODINMA NWALA
(ADF PRESIDENT)
PROF NATH ANIEKWU
(ADF SECRETARY)