Unic Press UK: The United Nations is warning that the suspension and replacement of the Chief Justice of Nigeria (CJN) by the Nigerian President are in contravention of international human rights standards on the independence of the judiciary arm of government and the separation of powers.
In a statement Monday, the UN Special Rapporteur on the independence of judges and lawyers and former judge/President of the Inter-American Court of Human Rights, Diego García-Sayán said:
“International human rights standards provide that judges may be dismissed only on serious grounds of misconduct or incompetence. Any decision to suspend or remove a judge from office should be fair and should be taken by an independent authority such as a judicial council or a court. The dismissal of judges without following procedures laid down by the law and without effective judicial protection being available to contest the dismissal is incompatible with the independence of the judiciary. In the case of Chief Justice Onnoghen, four national courts hierarchically superior to the Code of Conduct Tribunal had already ordered a stay of proceedings, and the Tribunal had in a previous case, 8 months earlier, held that it lacked jurisdiction over cases involving judicial officers, which should be processed by the National Judicial Council.”
At the Code of Conduct Tribunal (CCT), the suspended Chief Justice of Nigeria (CJN), Judge Walter Onnoghen is facing a six-count charge, which includes failing to fully declare his assets as required by law. The charges are with regard to a petition filed – with the Code of Conduct (CCB) – by a group known as the Anti-Corruption and Research Based Data Initiative (ARDI).
In a statement January 25 on the suspension of the CJN, President Buhari said that he relied on an Order of the Code of Conduct Tribunal.
“I was served with an Order of the Code of Conduct Tribunal issued on Wednesday 23rd January 2019, directing the suspension of the Chief Justice of Nigeria, Honourable Justice Walter Nkanu Samuel Onnoghen from office pending final determination of the cases against him at the Code of Conduct Tribunal and several other fora relating to his alleged breach of the Code of Conduct for Public Officers,” President Buhari said.
