By Edoamaowo Udeme
The United States (US), European Union Election Observers Mission (EU EOM) has frowned at the decision to suspend the Chief Justice of Nigeria, Walter Onnoghen, and replace him with Tanko Muhammad without the support of the legislative arm on the eve of its national and state elections.
In a statement released to the press by the US Embassy in Nigeria yesterday in Abuja, it stated that it is deeply concerned that the impact of the Federal governments decision is unconstitutional.
“We note widespread Nigerian criticism that this decision is unconstitutional and that it undermines the independence of the judicial branch”.
“That undercuts the stated determination of government, candidates, and political party leaders to ensure that the elections proceed in a way that is free, fair, transparent, and peaceful – leading to a credible result”.
While urging that the issues raised by this decision be resolved swiftly and peacefully in accordance with due process, it stressed that “full respect for the rule of law, and the spirit of the Constitution of Nigeria”.
“Such action is needed urgently now to ensure that this decision does not cast a pall over the electoral process.” it added.
On the other hand , The EU EOM which was invited by the Independent National Electoral Commission INEC, to observe the 2019 general elections also expresses its concern on process and timing of the suspension.
“With 20 days until the presidential and National Assembly elections, political parties, candidates and voters must be able to have confidence in the impartiality and independence of the judicial system”.
“The decision to suspend the Chief Justice has led to many Nigerians, including lawyers and civil society observer groups, to question whether due process was followed”.
While it frowns at the timing which comes just before the swearing in of Justices for Electoral Tribunals and the hearing of election-related cases, It also raised concerns about the opportunity for electoral justice.
“The EU EOM calls on all parties to follow the legal processes provided for in the Constitution and to respond calmly to any concerns they may have”.
“We will continue observing all aspects of the election, including the independence of the election administration, the neutrality of security agencies, and the extent to which the judiciary can and does fulfil its election-related responsibilities”. it added
It can be recalled that the CJN, Walter Onnoghen, was suspended and subsequently replaced on Friday by Tanko Muhammad who on Saturday, convened a meeting at the Supreme Court and inaugurated 250 members of the Elections Petitions Tribunal.
