TheCable

Phrank Shaibu, an aide of Atiku Abubakar, presidential candidate of the Peoples Democratic Party (PDP), has asked President Muhammadu Buhari not to throw Nigeria into an avoidable crisis over the “desperation to sack” Walter Onnoghen, chief justice of Nigeria (CJN).

In a statement on Saturday, Shaibu said the principle of separation of powers remains sacrosanct in a democracy irrespective of what  Buhari feels.

He said the plot to sack Onnoghen is a preemptive move against the bench in the face of imminent defeat and knowing the role that the judiciary plays in the final outcome of elections.

“We have just been made aware of the plot by President Muhammadu Buhari the All Progressives Congress (APC) to sack Justice Walter Samuel Nkanu Onnoghen using flimsy assets declaration issues as a pretext,” he said in a statement.

“We are aware that there are plans to arraign Justice Onnoghen before the Justice Danladi Yakubu Umar led- Code of Conduct Tribunal on Monday, January, 14, 2019. The charge against Onnoghen, we understand has already been filed and served on him last Friday at his official residence in Abuja preparatory to his appearance at the Tribunal.

”But we warn that despite the clandestine meetings in the highest echelon of the APC and also involving some top officials of the federal government which include the Code of Conduct Tribunal, neither Buhari nor the APC can re-write the Nigerian Constitution just because of its impending defeat at the February 16, presidential election. Heavens did not fall when PDP lost to the APC in 2015. And heavens will not fall now that the APC is sure to lose to the PDP, seeing that the APC’s plan to rig in the forthcoming elections will not pull through.”

He said Nigerians were aware that the plot of Dennis Aghanya, executive secretary of the Anti-Corruption and Research Based Data Initiative (ARDI), the author of the petition seeking Onnoghen’s removal was the national publicity secretary of the Congress for Progressive Change (CPC), Buhari’s former party.

”We have the strength of character, the courage and the conviction to mount a sustained campaign in defence of justice, and in defence of separation of powers as enshrined in the constitution, which is the ground norm of our democracy ,” he said.

He said the Code of Conduct Bureau, according to section 3 (e) of the third schedule (part 1) of the 1999 constitution, “shall receive complaints about the non-compliance with or breach of the provisions of the Code of Conduct or any law in relation thereto, investigate the complaint and, where appropriate, refer such matter to the Code of Conduct Tribunal (CCT).”

But he argued that since judicial officers are disciplined by the National Judicial Council (NJC), the CCB was wrong to have referred the matter to the CCT even if the allegations have been found to have any substance.