Politics

Why Buhari Malami Umar Should Resign – Nwabueze

Published

6 years ago

February 1, 2019

Eniola Olayemi

Elder statesman and constitutional lawyer, Professor Ben Nwabueze (SAN) has joined Nigerians condemning President Muhammadu Buhari suspension of the Chief Justice of Nigeria (CJN), Walter Onnoghen.

According to him, Buhari’s suspension of the CJN “is in itself, a most condemnable subversion of the constitution” adding that his statement while announcing it to the public “makes the action so absurdly subversive.”

He therefore called for the resignation of President Muhammadu Buhari, Attorney General of the Federation and Justice Minister, Abubakar Malami (SAN); and the chairman of the Code of Conduct Tribunal (CCT), Justice Danladi Umar for allegedly subverting the constitution.

Nwabueze argued that the CCT chairman cannot order the suspension or vacation from office of a public officer until after trial, hence “the CCT acted ultra vires the Constitution in making the order directing the President to suspend the CJN from office.”

Buhari had in justifying why he suspended Onnoghen and appointed Justice Tanko Muhammad as acting CJN, said he acted with the CCT’s ex-parte order. He added “in line with this administration’s avowed respect for the Rule of Law, I have wholeheartedly obeyed the Order of the Code of Conduct Tribunal dated 23rd January 2019.”

But Nwabueze said in a statement on Thursday, “The ‘administration’s avowed respect for the Rule of Law’ and for obedience of court orders sound like a deliberate perversion of truth, as witness Dasuki’s continued detention four years after a court of law ordered his release on bail, and same as Ibrahim Yaquob El Zakzaky two years after he was granted bail.

“The President’s statement raises several questions, the most crucial of which is as to whether the CCT has the power to order or direct the President to suspend the CJN. Second, whether the President, incarnating the Nigerian state, and as guardian of its Constitution, is bound to carry out the order, even when he knows, as he ought to know, that he has no power to suspend the CJN. Third, do the circumstances in which the order of the CCT was obtained not suggest a pre-meditated plan to subvert the Constitution?

“With respect to the first question above, the suspension is manifestly subversive of paragraph 18 of the Fifth Schedule to the Constitution (1999), which provides as follows: 18. (1) Where the Code of Conduct Tribunal finds a public officer guilty of contravention of any of the provisions of this Code it shall impose upon that officer any of the punishments specified under sub-paragraph (2) of this paragraph and such other punishment as may be prescribed by the National Assembly. (2) The punishment which the Code of Conduct Tribunal may impose shall include any of the following – (a) vacation of office or seat in any legislative house, as the case may be. (b) disqualification from membership of a legislative house and from the holding of any public office for a period not exceeding ten years; and (c) seizure and forfeiture to the State of any property acquired in abuse or corruption of office. (4) Where the Code of Conduct Tribunal gives a decision as to whether or not a person is guilty of a contravention of any of the provisions of this Code an appeal shall lie as of right from such decision or from any punishment imposed on such person to the Court of Appeal at the instance of any party to the proceedings.

”It is clear from paragraph 18 that: only the CCT itself can order vacation of or suspension from office; the President is not empowered to do so, and cannot be ordered or directed by the CCT to do so; more importantly, the CCT cannot make an order vacating an office or suspending a person from office until the trial before it is completed and the accused person is found ‘guilty of contravention of any of the provisions of this Code’; the trial in this case is only just commencing; the right of appeal to the Court of Appeal conferred by paragraph 18(4) of the Fifth Schedule is from a decision of the CCT finding the accused person guilty of contravention of the Code, not from the action of the President suspending the accused person from office even when the action (suspension) is on the direction of the CCT; the denial of that right is a violation of the Constitution.

”In conclusion, the CCT acted ultra vires the Constitution in making the order directing the President to suspend the CJN from office. The suspension is unconstitutional, null and void. The second question raised above, though not as crucial, is remarkable for its great intricacy. The impression created by his statement is that the President is trying to hide under the cover of the principle that an order of court directing him to do something imposes upon him a duty to carry out the order, notwithstanding that he does not have the power to do the thing in question, and that we are thereby precluded from enquiring as to whether or not he in fact has the necessary power. The ex parte order the President obtained from the CCT directing him to suspend the CJN from office does not, and cannot, erase the fact that he lacks the power to do that. The New Webster Dictionary of the English Language defines ‘suspend’ to mean “to remove temporarily from an office, to cause to cease for a time from operation or effect.

”This sad episode in our history would not be completely resolved by the resignation of Justice Onnoghen, as is being suggested in some quarters, unless the President, as the person who brought this whole mess upon us, also resigns. The Attorney-General of the Federation (AGF), Abubakar Malami (SAN), and Justice Danladi Umar must also resign.”

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Eschew Desperation, Cleric Tells Nigerians Politicians As Olumoh Holds 34th Ramadan Edition Lecture for Late Father

Published

1 month ago

March 19, 2025

august24admin

AJAGBE ADEYEMI TESLIM

SPONSORED BY: H&H

Muslim clerics have tasked politicians to tone down on their desperation for power by all means, at the 34th Sheikh Sadallah AbdulSalam Olumoh Jokogbowo Ramadan lecture series in Ajeromi Ifelodun federal constituency on Sunday.

The guest lecturer Sheikh Ahmod Anofi Al-Mubarak who spoke extensively on the topic: “Destiny” at the Ramadan lecture organized by Honourable Lukmon Sa’ad Olumoh the member representing Ajeromi Ifelodun constituency 1 at the Lagos State House of Assembly, counselled all public office holders and intending aspirants not to see the race as a do-or-die-affair but to always succumb to the will of God in all their cravings.

Sheikh Al-Mubarak also declared that, “Conspiracy remains the root of all political issues, we ought to succumb to what destiny has in stock for us, especially that which is orchestrated by Allah because there is nothing, we can do about it.

“Try to consult God through prayers and whatever he has destined don’t influence anything in the contrary.

“You politicians are fond of doing that, having tried to attain a height repeatedly in politics without much success, you would not accept what destiny has tossed your way, you often try to force it, this most times end up badly”.

The cleric further admonished them to always create time for those who had supported their cause in time past, with the understanding that God loves one who is just in his or her dealings with his fellow human being.

Hon. Olumoh in a chat with newsmen also expressed the importance of the Ramadan lecture held in memory of his late father, stressing that the essence of the period is forgiveness and charity.

“This is the 34th edition and we are practising what the period is meant for- the spirit of forgiveness and giving.

“Today we have empowered over a thousand people with cash of ten thousand naira each, ten people will be given generators, also we will be giving grinding machines and hair dryers to some of our constituents.

“It could not be displayed because of the crowd but it will be distributed as we move on.

“Also, here we have a dedicated party member who we have given a motorbike this is coming as a reward of his hard work and commitment to the cause of the party, we have tried to touch our party people and constituents at every point in time even during stakeholder’s meetings.

A stakeholder within the Ajeromi Ifelodun polity of Lagos State, who also doubles as a Governor Advisory Council (GAC) member Prince Rabiu Adio Oluwa hinted that every Muslims should endeavour to take seriously the teachings of the holy prophet, while adding that the words of the prophet remain a guiding light for our day to day living.

“It is a source of inspiration to all, bringing them closer to Allah. I earlier corrected an impression here that the word of Allah is key, though money is important too. So, with that correction taken and some adjustments made it is a good gathering.”

Speaking to the lecture Olumoh hinted that: “As a Muslim we all believe in destiny, as dictated by Allah that we all believe in what we have destined.

“Rome wasn’t built in a day and for you to become somebody you must work towards achieving it.

“I didn’t come to the House of Assembly by Accident I have tried severally, to be a member of the House of Assembly since 2011and eventually I came in 2019 because it was destined for me to be there.

“I was persistent in my request for me to become a representative of my people so.

“I was well prepared for it to ensure that they get the dividend of democracy so, I believe in destiny and that whatever comes to you positive or negative is from almighty Allah.

“We ought to pray for Allah to give us what will benefit us in life and that is good destiny.

Olumoh further counselled constituents to keep hope alive stressing that things will take shape very soon given the well piloted reforms and economic policies of the Tinubu led government.

“My plea to the constituents is to be patient with the government it will go round, the economy might be what it is yesterday but we can now see the difference of the reforms initiated by our President Bola Ahmed Tinubu.

“Prices of fuel is going down likewise that of foodstuff, so we know that we are getting there gradually, restructuring is taking effect and I am very sure we would all benefit by the special grace of God.”

The incumbent federal House of Reps members Hon. Paul Kalejaiye was also present at the Ramadan lecture.

A former Federal House of Representatives member Hon. Kolawole Taiwo however commended the lawmaker for keeping up with the culture breast taped by his late father Muslim cleric, adding that he had contributed immensely to developmental strides in the constituency.

Colleagues of Honourable Olumoh present at the lecture includes: Hon Noheem Adams (Eti-Osa 1) and Hon. Nureni Akinsanya (Mushin 1) who took turn to harp on the importance of the gathering stressing that Nigeria and Lagos state needs prayer to ensure stainable peace and development across all facets of live.

His Royal Majesty Oba Atanda Amore Tijani Oluwa Apapa kingdom Ajeromi also lend his voice on the impact of Ramadan, “It teaches us how to live amongst ourselves in peace.

The essence of the month of Ramadan is to revive our soul towards the ways of Allah.”

The council chairman of Ajeromi Ifelodun local government Hon. Fatai Ayoola was quick to add that being our brother’s keeper and deviating from all forms of vices, is the essence of the month.

“You have to appreciate your neighbours be in good terms with them and give assistance to the needy. This is a yearly thing that Olumoh kept running the way he met it with those who have been to the House of Assembly before him.

“We all should be prayerful and expect the best from this polity.”

In the words of Okeowo the Chairman of Ifelodun LCDA it is a time to put everything aside in reverence of Allah, he urged people in the locality to embrace peace at all times and to worship God in spirit and truth.