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Senate asks Supreme Court to reinstate Onnoghen, says Buhari can’t remove CJN

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By: Oliseama Okwuchukwu

The Senate on Monday filed a suit before the Supreme Court praying for among others, an order reinstating Justice Walter Onnoghen as the Chief Justice of Nigeria.

The Senate action came after it cancelled its scheduled plenary earlier billed for Tuesday (today).

The Clerk of the Senate, Mr Nelson Ayewoh, who announced the cancellation in a statement signed by him, did not give reasons for the action.

He only explained that the federal lawmakers would resume on February 19.

But the Special Adviser (Media) to the Senate President, Mr. Yusuph Olaniyonu, in a statement explained that the cancellation was due to the last-minute decision by the Senate leadership to seek judicial interpretation to Onnoghen’s suspension by President Muhammadu Buhari on Friday.

In the suit marked SC.76/2019,  the Senate asked the apex court to declare the suspension of Onnoghen without support of two-thirds majority of the Senate as a violation of section 292(1)(a)(i) of the constitution.

The suit also asked the apex 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 to the suspension of the CJN.

The three prayers sought by the Senate read, “A declaration that the suspension, by the President, of Hon. Justice Walter Samuel Nkanu Onnoghen from his office as Chief Justice of Nigeria on or about January 25, 2019, without an address calling for the removal, supported by two-thirds majority of the Senate is in violation of section 292(1)(a)(i) of the constitution and therefore null and void.

“An order rescinding or setting aside the suspension of Hon. Justice Walter Samuel Nkanu Onnoghen from his office as the Chief Justice of Nigeria and restoring him to the said office.

“An order restraining the defendants from continuing or repeating the violation of the Constitution of the Federal Republic of Nigeria and disregarding the powers of the Senate at the Federal Republic of Nigeria.”

Buhari had while announcing the suspension of Onnoghen hinged his decision on an ex parte order made by two of the three members of the Code of Conduct Tribunal where Onnoghen had been charged with six counts of non-declaration of assets.

The CCT order had directed the CJN to step aside from office pending the conclusion of his trial and ordered the President to swear in the next most senior Justice of the Supreme Court, Justice Tanko Muhammad, as the acting CJN.

But the Senate, through its counsel, Mr. Paul Erokoro (SAN), has,  in its suit which was filed on Monday, faulted the President’s action.

It argued that the President could not on the directive of the CCT suspend the CJN without two-thirds majority of the Senate or appoint Muhammad as the acting CJN without Senate’s confirmation.

The plaintiff submitted two questions for determination.

One of the questions is if having regard to section 292 and Part 1 of the Third Schedule to the Nigerian Constitution and section 21 of the Code of Conduct Bureau and Tribunal Act, the President could not “suspend” or “prevent” the CJN from performing the functions of his office “on the directive of the Code of Conduct Tribunal or for any reason whatsoever, without an address supported by two-thirds majority of the Senate calling for the removal of the Chief Justice of Nigeria.”

The other question for determination read, “Having regard to section 231 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, and in particular, sub-sections (1) and (4) thereof, can the President of the Federal Republic of Nigeria appoint an acting Chief Justice of Nigeria when there is no vacancy in that office and when the substantive Chief Justice of Nigeria is fit and able to perform the functions of the office and without the recommendation of the National Council and confirmation of such appointment by the Senate.”

A Legal Assistant in the Office of the Senate President, Mr. Sambo Idahi, in an affidavit filed in support of the suit, said he attended a meeting of the principal officers of the Senate held on January 25, 2019 when the issue of Onnoghen was extensively discussed.

He said the meeting discussed the CCT’s ex parte order which the President anchored his action on and the swearing-in of Justice Muhammad as the acting CJN.

According to Idahi, Saraki informed the meeting that he was not consulted on the matter and never received any request from the President or any other person or authority to debate the issue.

He added that Saraki said Buhari had never requested the Senate’s approval of Justice Muhammad as the acting CJN.

The affidavit read in part, “On Friday, the 25th day of January, 2019, at about 5.40 pm, I was present at a meeting in the Senate Building attended by Principal Officers of the Senate, where the suspension of the Chief Justice of Nigeria was extensively discussed.

“The discussions at the meeting centred on the public announcement made by the President of Nigeria, General Muhammadu Buhari, on the 25th day of January, 2019, in which he revealed that he had suspended the Chief Justice of Nigeria, Hon. Justice Walter Onnoghen, and appointed Hon. Justice l. T. Muhammad as the Chief Justice of Nigeria in an acting capacity. The President’s address during the swearing-in of Hon. Justice Ibrahim Tanko Muhammad was also discussed at the meeting as well as the ex parte order made by the Code of Conduct Tribunal on which the President had acted.

“Hereto shown to me and marked Exhibit A is the said President Muhammadu Buhari’s address. The tribunal’s ex parte order is Exhibit B herein.

 “I printed out Exhibits A and B from a HP desktop Computer and HP Laser Jet Pro 4ooMo1a in the office of the Senate President. We use the computer and printer aforesaid daily in the normal work of the Senate and throughout the period of their use, both have functioned accurately. Information has been regularly supplied to the computer in the ordinary cause of those activities information of the kind from which the exhibits were derived and the computer and printer have behaved properly and nothing has ever happened to make us question their reliability and accuracy.

“The President of the Senate informed the meeting that the Senate was not consulted on the matter and never received any request from the President or any other person or authority to debate the issue or present an address to the President for the removal or suspension of the Chief Justice of Nigeria.

“The Senate President and other persons at the meeting repeatedly stated that the Senate had never met to vote on the removal or suspension of the Chief Justice of Nigeria and that no address had been passed by the Senate and presented or sent to the President of Nigeria for the Chief Justice to be removed or suspended.

“The meeting also noted that the Senate was not requested to confirm and did not confirm the appointment of Hon Justice l. T. Mohammed as acting Chief Justice.”

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Gov Mbah Inaugurates Committee to End Gender-Based Violence in Enugu

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The Enugu State government has inaugurated a steering committee to eliminate Gender-Based Violence, GBV, in the state, declaring zero tolerance for the social malaise.

The inauguration took place at the Government House Enugu.

The panel, which is chaired by the Commissioner for Children, Gender Affairs and Social Development, Mrs. Ngozi Enih, draws its membership from the Nigeria Police Force, Ministry of Agriculture and Agro Industrialisation, Ministry of Local Government, Rural Development and Chieftaincy Affairs, Ministry of Human Development and Poverty Reduction, Ministry of Trade, Investment and Industry, Ministry of Justice, Ministry of Health, Ministry of Education as well as the Civil Society.

Inaugurating the panel known as the Steering Committee for Strengthening Institutional and Community Responses to End Gender-Based Violence/Domestication of Enugu State Gender Policy using the Oputa Panel approach, Governor Peter Mbah restated his administration’s commitment to not bringing perpetrators of GBV to book, but also putting in place proactive measures – activities, infrastructure, and systems in place to prevent them.

Mbah, who was represented by the Secretary to the State Government, Prof. Chidiebere Onyia, said, “We take gender-based violence seriously. We have zero tolerance for it, and in Enugu State, we are ready to go the extra mile to deal with it.

“If you notice, the government has selected people that are very committed to this goal. This is not an activity where we just want to check-off the list. We will track this. We will monitor this, and we will have quarterly engagements on the successes that this particular committee has achieved in terms of reference that we are going to send.

“We will tighten those terms of reference indicators, so that we monitor what we are doing both in terms of cost input and the value added. It’s very important to us. Many people will be involved – civil society, the police and various ministries.”

He however, said that the effort was to protect everyone, men and women alike, as GBV was not restricted to any gender.

“The whole idea is to hold people responsible that are involved in matters relating to gender violence and deter people that by culture or by association get involved in that, protect women, protect our children, and in the case of violence against men, protect our men because most times we misconstrue gender violence to mean women, but it can also be men too.

“We encourage our men to speak out and to make sure they understand that the policy that Enugu State is soon going to domesticate is for everyone, and not only for the female gender,” he stated.

In her remark, Mrs. Enih, explained that the Oputa Panel approach was inspired by the need to cover all local peculiarities in domesticating the policy on GBV, restarting government’s confidence in the members of the panel.

“The approach we are going to use is the Oputa Panel approach, and in the Oputa Panel approach, we are going to tour the 17 Local Government Areas to get firsthand information about what our people are going through because policy is meant for the people, and a policy should suit the people.

“Again, every community has its peculiar problems, so that’s why the government decided that if we have to domesticate the gender policy, we have to hear from the people who own the policy and know the changes that they desire to see. That is the reason we are using this approach.

“The committee members are to also serve as judges. As we gather this information from our people, we will come back to tailor it in a way to suit the people of Enugu State, and then our policy is ready.

“We want the people to know that there is a gender policy for them. I can assure you that when the people are aware that there is such a policy, they will seek for the enforcement of that policy. So, this is not going to be one of those policies that will just lie on the shelf,” she said.

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Emulate Christ’s virtues, Glo urges Christians at Easter

Reporter: Sandra Ani

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Glo and Globacom
Globacom

Digital solutions provider, Globacom, has congratulated Christians in Nigeria on this year’s Easter celebration, and urged them to emulate the noble qualities of Jesus Christ.  

The company, in a goodwill message to the Christian faithful in the country, lauded their perseverance through the Lenten period which preceded Easter. It enjoined them to always promote the ideals of selflessness, love and peace among all as a way of demonstrating the virtues of the exemplary life of Jesus Christ. 

“Peace, love and sacrifice are the central message of Easter. Christ offered himself in atonement for the sins of the world and he lived a life which made Him an eternal symbol of peace and goodwill for mankind”, Globacom added. 

The company enjoined all Nigerians to share in the lessons of promoting selflessness, a necessary ingredient in the growth and development of every society. It also enjoined all Nigerians to join hands to make Nigeria a better place for all. 

Easter is celebrated yearly at the end of the Lenten season of fasting and prayer considered as a ritual of purification for the Christian faithful. It also precedes the crucifixion of the Lord Jesus Christ on Good Friday and His eventual resurrection on Easter Sunday.

The company assured its customers of seamless voice, data and Short Messaging Service (SMS) during and after the Easter celebrations, while urging them to avail themselves of the various data and voice offerings on the network.

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NUJ at 70: Private Broadcast Members Congratulate Union

Reporter: Ikenna Oluka

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NUJ at 70
NUJ

The Guild of Private Broadcast Managers  has extended its heartfelt congratulations to the Nigeria Union of Journalists (NUJ) as it celebrates its 70th Anniversary.

In a congratulatory message signed by the Guild’s National President, Ambassador Patrick Uzoyi-Peters, JP MNGRM, the guild described the milestone as a testament to the NUJ’s unwavering commitment to upholding press freedom, journalistic integrity, and the advancement of democracy in Nigeria.

“For seven decades, the NUJ has played a pivotal role in shaping the media landscape, advocating for the rights and welfare of journalists, and ensuring that the voice of the people remains strong and unyielding. Your resilience, professionalism, and dedication to ethical journalism have been instrumental in fostering transparency, accountability, and national development”.

Celebrating this historic achievement, the Guild’s President, Uzoyi-Peters recognized the sacrifices and contributions of journalists across the nation who work tirelessly to inform, educate, and empower society.

The Guild reiterated it commitment towards collaborating with the NUJ in promoting responsible journalism and strengthening the media industry for the greater good.

While wishing the NUJ continued success, growth, and greater impact in the years ahead, President Uzoyi-Peters prayed that the anniversary serve as a renewed call to uphold the principles of truth, fairness, and press freedom in our collective pursuit of a more informed and just society.

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