By Chief Goddy Uwazuruike
One of the oaths a President takes during the swearing in requires him to uphold the constitution. Specifically, the Seventh Schedule of the Constitution of the Federal Republic of Nigeria on Oaths of Allegiance states: “…I will preserve, protect and defend the Constitution of the Federal Republic of Nigeria.” Also, the same Seventh Schedule under Oath of Office of President states: “that I will to the best of my ability preserve, protect and defend the Constitution of the Federal Republic of Nigeria.”
President Bola Ahmed Tinubu swore to this oath on May 29, 2023. But within two weeks, he has done the contrary. The suspension of the Governor of the Central Bank of Nigeria (CBN) and chairman of the Economic and Financial Crimes Commission (EFCC) without recourse to the statutes are clearly a violation of the laws. CBN and EFCC are bodies set up by law with the provisions on how they will operate.
The provision for the appointment and removal of the CBN Governor and chairman of EFCC is very clear. The President sends the names to the Senate for confirmation of their appointments. The same procedure is followed for removal, this time with a more rigorous procedure.
Section 11 of the Central Bank Act 2007 empowers the President to terminate the appointment of a Central Bank of Nigeria Governor if he gets two-thirds majority of the Senate.
The Act states: “The Governor, Deputy Governor or Director shall cease to hold office in the Bank if he becomes of unsound mind or, owing to ill health, is incapable of carrying out his duties: is convicted of any criminal offence by a court of competent jurisdiction except for traffic offences or contempt proceedings arising in connection with the execution or intended execution of any power or duty conferred under this Act or the Banks and Other Financial Institutions Act.”
The Governor can also be removed if he “is guilty of a serious misconduct in relation to his duties under this Act; disqualified or suspended from practising his profession in Nigeria by order of a competent authority made in respect of him personally; Becomes bankrupt.”
Then the clincher: “The CBN Governor can be removed by the President, Provided that the removal of the Governor shall be supported by two-thirds majority of the Senate praying that he be so removed.”
The CBN Act does not allow the President to suspend the CBN Governor over an ongoing investigation. This suspension put the independence of the Central Bank as envisioned by the provisions in jeopardy.
There are also provisions on how to commence and how to end the appointment of Judges and the heads of the Legislature. Then President Buhari did not want Bukola Saraki as President of the Senate but could neither suspend nor sack him. Ditto Chief Justice Walter Onoghen who had to be dragged through blackmail to get him to resign.
In civil matters such as Matrimonial Cause, the in and out movements are stated clearly. There is no provision for suspension and none has ever been invoked.
Another example is a High Court Judge. Ditto a Justice of the Court of Appeal or the Supreme Court. Can the President suspend any of them, no matter the situation? The power of appointment, removal, retirement and discipline resides with the National Judicial Commission (NJC). Yes, there are provisions for the President to do some things here but only when the NJC has written to him thereto.
This was the situation in the Justice Salami case where then Governor Olagunsoye Oyinlola of the Peoples Democratic Party (PDP) accused Justice Ayo Salami of favouring Tinubu’s party, Action Congress of Nigeria (CAN) in the Osun Governorship case. The fallout was that NJC decided that Justice Salami be suspended. President Jonathan was written as is required by law to suspend him. Jonathan did comply.
The President has nothing to lose by following the law. He can still achieve the same objective.
Chief Goddy Uwazurike IS Chief Convener, Cultural Credibility Development Initiative, chieftain of Ohanaeze Ndigbo and former President of Aka Ikenga