The United Nations special
rapporteur on the independence of judges and lawyers, Diego Garcia-Sayán, says
President Muhammadu Buhari’s decision to suspend Walter Onnoghen, former chief
justice of Nigeria, was in contravention of human rights standards.
Garcia-Sayán said in a statement
that “the suspension and replacement of the Chief Justice of Nigeria by the
country’s President is in contravention of international human rights standards
on independence of the judiciary and the separation of powers”.
“International human rights
standards provide that judges may be dismissed only on serious grounds of
misconduct or incompetence,” he added.
“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.
Onnoghen was suspended on January
25, 2019, and replaced by Ibrahim Tanko Mohammad, following his failure to
declare — in full — his assets and liabilities as a public official.
“The President of Nigeria said he
had acted in compliance with an order issued two days earlier by a tribunal
established under the Constitution to decide on alleged breaches of the Code of
Conduct for Public Officials,” a UN statement seen by TheCable read in part.
“However, four separate Nigerian
courts – the Court of Appeal, the National Industrial Court and the two Federal
High Courts – had already ordered a stay of proceedings in the Tribunal.
“Moreover, the said order upon
which the suspension was based, was issued ex-parte while the motion on notice
on the same subject was adjourned the day before by the issuing court.”
“All State institutions must
abide by the decisions of national courts and tribunals. 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.”
The rapporteur said some of the
judges handling the case of the chief justice and the defence lawyers have been
subject to serious threats, pressures and interference.
“I am seriously concerned at such
allegations, which may constitute, if proven, grave attacks to the independence
of the judiciary and the free exercise of the legal profession,” the UN expert
said.
“One of the senior advocates
defending the Chief Justice was arrested on Wednesday by security agencies.
Lawyers play an essential role in securing access to justice, and should never
suffer, or be threatened with, prosecution or other sanctions for action taken
in accordance with recognized professional duties, standards and ethics.”
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