Friday, February 1, 2019

Debating Atiku/Obi Presidential Interview

When an "interview" turned into a "debate", and "unnecessarily argumentative and combative" on the part of the Host, the Host is guilty of Filibuster. You can't be moody and petulant, and at the same time, lecturing your guests on how to be serious. I am not against thoughts provoking or probing questions. But if you must do, provide space for your guests to respond to your questions.

Simply put, the moderator was outplayed in her own game. She came across as an interrogator who is dealing with a hostile witness.

From all indications, her goal was to have her Guests disorganized, and take them off message. Unfortunately, it boomerangs; thus, prompting her to plead for caution. 

In spite of everything, what I find most revealing and endearing is that the duo maintained rare dignified poise and composure. They remained unruffled; stayed on the message, and looking quintessentially Presidential in every respect imaginable throughout the debate. And that exemplifies preparedness, grace under fire, and grasp of the issues. And that is the reason I am endorsing them. AA

Saturday, January 26, 2019

The Poet Lied: Still on the Suspension of the Nigerian Chief Justice.

The Poet Lied.

The Code of Conduct Tribunal is not a court or a tribunal of unlimited or final jurisdiction. The CCT cannot direct the President to take action on a pending suit involving the head of another equal branch of government. This is a bald-faced coercion - a travesty. The President's action has no support in law or reason. Especially when the injunctive relief issued by the Appeal Court on the same issue has not been vacated. Even if there is no subsisting injunction, even if the injunction has been vacated, the CCT has no case against the CJN warranting the action of the President via an ex parte order, as the President alluded to in resolution #1 of the Presidential address. Such an action is absurdly a travesty. Due process is not alien to the Nigerian legal system.

By the way, the #17 resolution is the most ludicrous and self-serving Presidential mumble jumble ever written, in light of the continued incarceration of Col Dasuki. Mr. President, I am not questioning your audacity or your understanding of the principle of Rule of Law, but suffices it to say that your Legal Advisors and the authors of that paper that you signed, purportedly suspending the Chief Justice, do not deserve a day longer in the Nigerian Bar or in our Judicial system. Simply put, there is no law in our jurisprudence supporting your action. The main reason the authors didn't cite any.

The Nigerian Bar Association Press Statement on the Removal of the Chief Justice of Nigeria.

25 January 2019

NIGERIA BAR ASSOCIATION PRESS STATEMENT ON THE REMOVAL OF CJN

COUP AGAINST THE NIGERIAN JUDICIARY AND SUSPENSION OF THE NIGERIAN CONSTITUTION

1. The news media has been awash this evening with the news of the purported suspension of the Chief Justice of Nigeria, Honorable Mr. Justice Walter S C Onnoghen, GCON by President Muhammadu Buhari, GCFR and the swearing in of Hon Justice Ibrahim Tanko Mohammed as the acting Chief Justice of Nigeria. We are told that this was pursuant to an Ex-Parte Order that was issued by the Code of Conduct Tribunal on Wednesday, 23 January 2019.

2. The Nigerian Bar Association unequivocally rejects and condemns this attempted coup against the Nigerian Judiciary and evident suspension of the Nigerian Constitution by the Executive arm of the Federal Government. The action of the Executive portends a slide into anarchy and complete deconstruction of the Rule of Law and due process. It amounts to an absolute breach of the Constitution and the usurpation of the powers of the Senate and the Nigerian Judicial Council. 

3. It is unfortunate that the Executive Branch of Government purports to suspend the CJN on the basis of an alleged ex-parte order of the Code of Conduct Tribunal – the same Tribunal that, to the knowledge of the Executive, had, only the previous day, Tuesday, 22 January 2019 adjourned its proceedings to Monday, 28 January 2019 and has before it a Motion on Notice that is yet to be argued, seeking the same reliefs as were contained in the purported ex-parte application, to wit, the suspension of the CJN, amongst others.

4. We call on the Federal Government to avert the looming constitutional crisis precipitated by its ill-advised action. In particular, the Nigerian Bar Association demands the reversal of the purported suspension of Honorable Mr. Justice Walter S C Onnoghen, GCON. We also call on the National Assembly to assert its 
constitutional authority and powers and prevent this slide into chaos and erosion of 
the Rule of Law.

Paul Usoro, SAN
President

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