Judicial independence under threat in Nigeria, warns UN rights expert
Photo Credits:UN Photo/Jean-Marc Ferre. Diego Garcia-Sayan, UN Special Rapporteur on the independence of judges and lawyers, is warning that judicial independence in Nigeria is at risk.(File)
Photo Credits:UN Photo/Jean-Marc Ferre. Diego Garcia-Sayan, UN Special Rapporteur on the independence of judges and lawyers, is warning that judicial independence in Nigeria is at risk.(File)
The dismissal of Nigeria鈥檚 Chief Justice may constitute a grave attack on judicial independence from the State, a UN-appointed independent rights听said on Monday, warning of 鈥渢hreats, pressures and interferences鈥� made against the lawyers defending him.
Chief Justice Walter Onnoghen, was suspended on 25 January, the independent UN听, Diego Garcia-Say谩n noted in his statement. His comments come ahead of general elections in Nigeria, due to be held on Saturday.
鈥淚nternational human rights standards provide that judges may be dismissed only on serious grounds of misconduct or incompetence,鈥� he said. 鈥淎ny decision to suspend or remove a judge from office should be fair and should be taken by an independent authority, such as a judicial council or a court.鈥�
According to Mr. Garcia-Say谩n, who reports to the听,听the decision to replace Chief Justice Onnoghen with Ibrahim Tanko Mohammad was taken by Nigeria鈥檚 President, Muhammadu Buhari, who insisted he had 鈥渁cted in compliance鈥� with an order issued by a tribunal to decide on alleged breaches of the code of conduct for public officials.
This was despite the fact that four other courts with higher jurisdiction, had already ordered that proceedings be halted, the UN expert outlined, listing the Court of Appeal, the National Industrial Court and the two Federal High Courts.
On the issue of intimidation of defence lawyers and judges involved in the decision to remove Chief Justice Onnoghen, Mr. Garcia-Say谩n said that one of the senior advocates defending him was arrested on Wednesday.
Others had been 鈥渟ubject to serious threats, pressures and interferences鈥�, he warned, adding that such allegations 鈥渕ay constitute, if proven, grave attacks to the independence of the judiciary and the free exercise of the legal profession鈥�.
鈥淟awyers play an essential role in securing access to justice, and should never suffer, or be threatened with, prosecution or other sanctions for action taken in accordance with recognized professional duties, standards and ethics,鈥� Mr. Garc铆a-Say谩n said.
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