Garcia-Sayan, who is mandated by the UN Human Rights Council to investigate legal and judicial independence, said dismissing judges without following legal procedures or offering a chance to contest the decision was incompatible with the independence of the judiciary.
According to a statement by him, “International human rights standards provide that judges may be dismissed only on serious grounds of misconduct or incompetence. Any 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.”
Buhari, who was a military ruler in the 1980s and was voted into office in 2015, is hoping to win a new term in a presidential election scheduled to take place on Saturday, February 16, 2019. It should be noted that if disputes arise from the general election, the chief justice could preside over them which is evident by the fact the country’s judiciary has helped in resolving electoral disputes in past votes, some of which have been marred by violence and ballot rigging.
The UN statement said some of the judges and the defence lawyers involved in Onnoghen’s case had been subject to serious threats, pressures and interference.
The move by President Buhari prompted anger among the country’s civil society groups and opposition and in fact, the Nigerian Bar Association (NBA) decided to embark on a two-day warning boycott of all courts in Nigeria over Onnoghen’s suspension. The NBA then held protests in the country’s capital city, Abuja and the South-Eastern part of Enugu to reject the suspension of Onnoghen which they described as an “attempted coup against the Nigerian judiciary”.
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