By: Femi Fani-KayodTo enhance the confirmation or ensure the non-confirmation of the Acting
\nChief Justice of the Supreme Court, Justice Walter Samuel Nkanu Onnoghen,
\nas the substantive Chief Justice of the Federation is probably the most
\nimportant decision that President Muhammadu Buhari has to make since he
\ncame to power almost two years ago.<\/p>\n
If he gets it wrong and refuses to send the Acting Chief Judges name to
\nthe Senate for confirmation there will be long-term and far-reaching
\nconsequences, the first of which will be a weakening of what is already a
\nfast-eroding spirit and ethos of national unity.<\/p>\n
If he gets it right and sends the name to the Senate for confirmation it
\nwill go a long way to ease the palpable and existing tension in the land
\nand it will be a good first step towards restoring and enhancing national
\nunity.<\/p>\n
Simply put Buhari cannot afford to get this one wrong if he is serious
\nabout keeping Nigeria one and if he has ANY respect left for the people of
\nthe south.<\/p>\n
Let us consider the facts. The first southern lawyer (and indeed
\nindigenous Nigerian) to be called to the English bar was Christopher
\nSapara Williams in 1879.<\/p>\n
By way of contrast the first northern lawyer to be called to the English
\nbar was almost 80 years later.<\/p>\n
He is still alive today, he is a respected elderstatesman and his name is
\nAlhaji Abdul Ganiyu Abdulrasaq SAN. He is from Ilorin and he was called to
\nthe English bar in 1955.<\/p>\n
Again the first southerner (and indeed indigenous Nigerian) to be
\nappointed a judge was Justice (Sir) Adetokunboh Ademola in 1937. He later
\nwent on to become the first indigenous Nigerian Chief Justice of the
\nFederation.<\/p>\n
By way of contrast the first northerner to be appointed a judge came 30
\nyears later. His name was Justice Mohammed Bello and he was appointed as a
\njudge in 1967. He also later went on to become Chief Justice of the
\nFederation.<\/p>\n
Despite this massive disparity in terms of education and the overwhelming
\nseniority at the bar and the bench of the southern lawyers and judges, the
\nnorth has used the “federal character” formula and the massive political
\npower and executive fiat that it has wielded over the last 56 years of our
\nexistence as an independent sovereign nation to highjack the Judiciary.<\/p>\n
This has been executed with such cold and clinical precision and to such a
\npoint that no southerner has been appointed Chief Justice of the
\nFederation for 30 years!<\/p>\n
The last one that we had that came from the south was Justice Ayo Irikefe
\nwho was Chief Justice from 1985 till 1987.<\/p>\n
And now that we have Justice Onnogehn, an eminently qualified southerner
\nthat is not only\u00a0 eligible for the job but that has also been recommended
\nby the National Judicial Council for the position, our northern President
\nhas refused to transmit his name to the Senate for confirmation as he is
\nrequired to do by the constitution.<\/p>\n
If Onnoghen is not confirmed by the 10th of February his nomination
\nlapses, he will cease to be Acting Chief Judge and he will retire from the
\nBench.<\/p>\n
The next in line for the position of Chief Justice of the Federation after
\nhim is yet another northerner and once he is nominated by the National
\nJudicial Council his name is likely to be transmitted to the Senate for
\nconfirmation by our President.<\/p>\n
In the event of President Buhari failing to do so the next person in line
\nfor the job in terms of seniority is again yet another northerner.<\/p>\n
It is therefore very clear that once Justice Onnoghen’s nomination lapses
\nit is fair to say that the position of Chief Justice of the Supreme Court
\nand the Federation will once again return to the north.<\/p>\n
And that is precisely the problem because, given the fact that no
\nsoutherner has held that position for 30 years, this can hardly be
\ndescribed as being reasonable or fair.<\/p>\n
It is also pertinent to note that in the entire history of our country the
\ndistinguished individual that the Supreme Court itself presents and that
\nis nominated as Chief Justice of the Federation by the National Judicial
\nCouncil has NEVER been rejected by the President or Head of State.<\/p>\n
If President Buhari fails to transmit Justice Onneghen’s name to the
\nSenate for confirmation it will be the FIRST time that this has EVER
\nhappened in our entire history.<\/p>\n
This should be a matter of grave concern for lawyers and judges from both
\nnorth and south because it represents an attempt by the executive arm of
\ngovernment to interfere in the workings, machinery and decision-making
\nprocesses of the third arm of governmrnt which is the\u00a0 judiciary.<\/p>\n
It represents a clear violation of the principle of separation of powers
\nand I am glad that Mr. Ebun Adegboruwa SAN is testing the matter in court
\nand attempting to compel President Buhari to do the right and proper thing
\nand forward the Acting Chief Justice’s name to the Senate for
\nconfirmation.<\/p>\n
Yet at the end of the day I doubt that Buhari will listen and neither will
\nhe do anything of the sort. This is because he understands the weakness
\nand inability of most Nigerians to successfully fight and insist on their
\nrights.<\/p>\n
He knows that most of our people are not only weak, easily manipulated and
\neasily intimidated but that they are also very gullible.<\/p>\n
The government will find some nonsensical, absurd and indefensible
\nrationalisation for its refusal to do the right thing and support
\nOnnoghen’s nomination and that will be the end of the matter. Few will
\nprotest and even fewer will demand for a reasonable explanation.<\/p>\n
Sadly the following question must be put: who really cares and who is
\nprepared to confront the government and raise any dust about this issue?
\nThe people are too weak and hungry to say one word.<\/p>\n
Their spiritual foundation and ability to say “enough is enough” has been
\nbroken.<\/p>\n
They have turned their backs on the Living God and the power of His might
\nand instead opted to bow before the demonic gods and Luciferian deities of
\n“broomsticks” and\u00a0 “chanji”.<\/p>\n
Southern Nigerians particularly have been mesmerised and intimidated into
\naccepting anything from their government, no matter how belittling,
\ndemeaning, unreasonable or unjust that thing may be.<\/p>\n
Nothing reflects this perverse disposition and this inherent inability to
\nstand up for truth and to fight against injustice than the conspiratorial
\nsilence that most southerners indulge in when they are confronted with
\nnews of the wholesale slaughter of young Igbos who are agitating for the
\ncreation of Biafra under the banner of IPOB by our security forces and the
\ngenocide being committed against northern Christians\u00a0 by the Islamist
\nJanjaweed Fulani militias of the core north.<\/p>\n
I guess in their usual way, as with virtually all other cases of injustice
\nmeted against the people of the south, the southern elites, intelligensia
\nand media will be too self-centered, intellectually lazy, shortsighted and
\ncowardly to speak out and insist on a modicum of fairness in this matter
\nand to insist on the confirmation of Justice Onnoghen.<\/p>\n
It is when they eventually understand and come to appreciate the
\nimplications and consequences of their gutlessness, indifference and
\nstoicism that they will not only feel sorry for themselves but they will
\nalso shed bitter tears of regret in the privacy of their own bedrooms. And
\nof course by that time it will be too late.<\/p>\n
Sadly the truth is that the majority of southern leaders and politicians
\nin Nigeria have already been enslaved by the north in body, mind, spirit
\nand soul.\u00a0 It is a tragedy of monumental proportions.<\/p>\n
Yet there is still hope. When core northerners like the irrepresable Col.
\nAbubakar\u00a0 “Dangiwa” Umar express their concerns about the non-confirmation
\nof Justice Onnoghen it puts a lie to the suggestion that every Fulani man
\nor indeed core northern Muslim is an ethnic supremacist, a racist and a
\nreligious bigot who is part and parcel of a sinister conspiracy to keep
\nthe south out of power.<\/p>\n
A few days ago he said the following:<\/p>\n
\u201cIn a few days, the tenure of acting appointment of Justice Onnoghen will
\nexpire. Going by our extant Constitution, the Acting CJN will be
\ndisqualified from appointment as the substantive CJN unless the NJC
\nresubmits his nomination to the President.<\/p>\n
Without providing any cogent and plausible or believable reason for its
\nfailure to forward the name of Justice Onnoghen to the Senate for
\nconfirmation, the Presidency leaves Nigerians guessing and speculating
\nabout the reasons. Already, many analysts view this action as a ploy to
\ndeny a Southerner his right to succession based on his seniority in
\nkeeping with the appointment protocol observed by the NJC in making the
\nappointment.”<\/p>\n
He went on to say,<\/p>\n
\u201cIn the event of this occurrence, the NJC must not forward any other name
\nnor should the Senate confirm any other nominee. This will serve to check
\nthe excesses of this administration and reinforce the unity of the nation
\nwhich has already been pushed to the precipice by the recruitment and
\nappointment policies of a government which tends to favour the north in
\nviolation of the Federal Character provision of the Constitution.\u201d<\/p>\n
This is wise and appropiate counsel from a Fulani prince of the Royal
\nHouse of Gwandu for whom I have immense respect. I sincerely hope that
\nboth the NJC and the Senate are listening.<\/p>\n
This is all the more so because Umar has taken a considerable risk to his
\nlife and liberty by speaking truth to power and speaking out against a
\ngovernment that is inherently weak and nervous and that does not take any
\nform of dissent or criticism lightly.<\/p>\n
Yet “Dangiwa”, as Umar is popularly known, is up to the task. I know him
\nwell. He was my Polo Captain at Lagos Polo Club in the 1980’s and he was
\nnot only a fearless and charissmatic leader then but he was also one tough
\ncookie both on the polo field and off it. We have had our differences in
\nthe past, particularly over the Obasanjo government which I proudly
\nserved, but despite that I have no hesitation in saying that he is a
\nprofoundly good man<\/p>\n
He is also a deeply courageous military officer who has risked his life on
\nnumerous occassions by standing up and speaking out against injustice.<\/p>\n
For example it was he that arrested General Muhammadu Buhari, the then
\nmilitary Head of State, in the 1985 military coup that brought General
\nIbrahim Babangida to power. After that he was appointed Military Governor
\nof Kaduna state.<\/p>\n
He proved to be a forthright, honest, consistent and righteous leader
\nfirstly when he was Governor of Kaduna and secondly a few years later
\nduring his role in the June 12th struggle when a southerner by the name of
\nChief MKO Abiola won a free and fair presidential election in 1993 and was
\ndenied his mandate.<\/p>\n
Dangiwa was one of the few voices in the core north that not only opposed
\nthat outrage but he also paid a heavy price for it: he lost his commission
\nas an officer of the Nigerian Armed Forces and his military career was
\nutterly destroyed.<\/p>\n
Despite being a core northerner and a member of the Fulani ruling class
\nhe, together with a few others like Sambo Dasuki, Sule Lamido, Kabiru
\nTuraki SAN, Kashim Ibrahim Imam, Hadi Sirika, Ahmed Makarfi and a few
\nothers, all of whom I have known for many years, will forever remain
\nfriends of the oppressed northern minorities, the people of the Middle
\nBelt and the people of the south.<\/p>\n
Thankfully it is not every core northerner or Fulani man that shares the
\nnarrow world-view of men like President Buhari who apparatly believes that
\nthe south is inferior to the north and that she is not deserving or
\nqualified to produce a Chief Justice of the Federation.<\/p>\n
This is undoubtedly the President’s mindset despite the fact that a
\nrespected, formidable and brilliant jurist in the person of Justice Walter
\nSamuel Nkanu Onnoghen has been nominated by the NJC for that position.<\/p>\n
Some are of the view that President Buhari is simply biding his time and
\nat the last minute he will submit Onneghen’s name.<\/p>\n
That remains to be seen and if it happens I will not only be pleasantly
\nsurprised but I will be the first to congratulate the President for
\ndisplaying such wisdom and sagacity and for doing the right and proper
\nthing. Let us hope that he sees the light and that it happens that way.<\/p>\n
Anything less than that will divide us even further and, unless we
\nrestructure, take us one step closer to the eventual disintegration of our
\ncountry.<\/p>\n","protected":false},"excerpt":{"rendered":"
By: Femi Fani-KayodTo enhance the confirmation or ensure the non-confirmation of the Acting Chief Justice of the Supreme Court, Justice Walter Samuel Nkanu Onnoghen, as the substantive Chief Justice of…<\/p>\n","protected":false},"author":1,"featured_media":42592,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[7],"tags":[],"class_list":["post-55923","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-articles-opinions"],"yoast_head":"\n