Why Senate withdrew S’Court suit seeking interpretation of Onnoghen’s sack
Fresh indication emerged Tuesday on why the leadership of Nigerian Senate withdrew the case it filed at the Supreme Court seeking constitutional interpretation of critical sections of the law on Onnoghen’s suspension.
It would be recalled that at the height of outrage trailing the unilateral way and manner President Muhammadu Buhari suspended the embattled Chief Justice of Nigeria (CJN), Justice Walter Onnoghen without recourse to the upper chambers.
A source at the red chambers which pleaded anonymity confided in Business Hilights in Abuja on Tuesday, saying “What actually informed the U-Turn decision of the National Assembly is to avoid a dangerous follow up from what the ruling of the Supreme Court could have been”.
“You know this is a critical period as far as 2019 general election is concerned and suppose Supreme Court rules that the presidency erred in law, what will follow will be impeachment proceedings which many of us think is a dangerous at this time in the life of the country.
“Besides, if the Senate fails to do the needful, it will still be misinterpreted as a wasteful mission by the honourable senators of the federal Republic.
According to the source, it election is not around the corner at the moment, the suit would have continued even if the National Judicial Council (NJC) treats it own angle of the matter or not because the subject matter which the Senate was seeking for interpretation is the constitutionality of the presidential action which never falls within the purview of the NJC. This is very important to understand.
“NJC remains by law, a controlling disciplinary entity of the entire judicial arm of government and its disciplinary powers do not extend to the President and Commander in Chief of the federal Republic of Nigeria.
“So, if you cross-check, you will see that Senate only withdrew the suit to avoid heating up the polity at a critical time like now election is few days away and President Buhari is a contestant.
The Senate, had in the suit marked SC.76/2019, asked the apex court to declare Onnoghen’s suspension without a support of two-thirds majority of the upper chamber as a violation of section 292(1)(a)(i) of the constitution.
Key prayers of the suit include asking Supreme court to issue an order restraining the two defendants in the suit – President Buhari and the Attorney General of the Federation, Mr Abubakar Malami – from continuing or repeating the violation of the constitution and disregarding the power of the Senate in respect of the suspension of the CJN.
In line with a matured review of the happenstances, the upper chamber through a statement by the Special Adviser to the Senate President on Media and Publicity, Yusuph Olaniyonu, said that its decision to discontinue the case followed the intervention of the NJC on the issue.
The terse statement informed that “The Senate has decided to discontinue the case it filed at the Supreme Court. It should be noted that the case has been slated for hearing tomorrow (today).
“This decision also affirms the confidence of the Senate in the ability of the NJC to successfully and creditably resolve the issues.”
Analysts say the latest move by the 56 members of the All Progressives Congress (APC) in the Senate on Monday rejecting the leadership decision to approach the Supreme Court and seeking to be joined in the matter may not have made any difference in clearly interpreting the alleged usurping of Senate powers in the suspension and replacement of the CJN ab-initio.
Recall that the Senate Leader, Ahmad Lawan, had in a statement said, “The APC senators rely on the Supreme Court (Additional Original Jurisdiction) Act 2002 which provides that the resolution of the respective chambers of the National Assembly is a prerequisite of filing such suit.
“The caucus is therefore challenging the said suit and object to the inclusion of its members,” Lawan maintained.
