United Nations Special Rapporteur on the Independence of Judges and Lawyers, Mr Diego Garcia-Sayan on Monday, said that only an independent authority has the right to suspend or remove a judge even as the world body has advised stakeholders in the February 16 and March 2 general elections to avoid messages of hate, politics of acrimony, bitterness and rancour, that may undermine the peace and stability of Nigeria.

Garcia-Sayan made the statement against the backdrop of the suspension of the Chief Justice of Nigeria, Justice Walter Onnoghen by President Muhammadu Buhari.

In the statement shared on the Twitter handle of the body, Garcia-Sayan said, “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,” said the UN human rights expert.

“The dismissal of judges without following procedures laid down by the law and without effective judicial protection being available to contest the dismissal is incompatible with the independence of the judiciary,” the UN expert warned.

Chief Justice Walter Onnoghen was suspended on 25 January 2019 and replaced by Justice Ibrahim Tanko Mohammad.

The President of Nigeria said he had acted in compliance with an order issued two days earlier by the Code of Conduct Tribunal (CCT), established under the Constitution to decide on alleged breaches of the Code of Conduct for Public Officials. However, four separate Nigerian courts – the Court of Appeal, the National Industrial Court and the two Federal High Courts – had already ordered a stay of proceedings in the Tribunal. Moreover, the said order upon which the suspension was based, was issued ex-parte while the motion on notice on the same subject was adjourned the day before by the issuing court.

“All State institutions must abide by the decisions of national courts and tribunals. In the case of Chief Justice Onnoghen, four national courts hierarchically superior to the Code of Conduct Tribunal had already ordered a stay of proceedings, and the Tribunal had in a previous case, eight months earlier, held that it lacked jurisdiction over cases involving judicial officers, which should be processed by the National Judicial Council,” the UN expert stressed.

Some of the judges handling the case of the Chief Justice and the defence lawyers have been subject to serious threats, pressures and interferences. “I am seriously concerned at such allegations, which may constitute, if proven, grave attacks to the independence of the judiciary and the free exercise of the legal profession,” said the expert.

“One of the senior advocates defending the Chief Justice was arrested on Wednesday by security agencies. Lawyers 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,” added Mr. García-Sayán.

The UN has also advised stakeholders in the February 16 and March 2 general elections to avoid messages of hate, politics of acrimony, bitterness and rancour to avoid undermining the peace and stability of Nigeria.

Special Representative of the UN Secretary-General and Head of the United Nations Office for West Africa and the Sahel (UNOWAS), Mr Mohamed Ibn Chambas, gave the advice in Abuja at the weekend.

Ibn Chambas spoke at a one-day national sensitisation workshop on Broadcast Media Coverage of the 2019 General Elections.

The workshop was organised by the National Broadcasting Commission (NBC) with the theme: “Fake News, Hate Speech, Vote and PVC Buying”.

Represented by Dr Zebulon Takwa, Peace and Development Advisor, Resident Coordinator’s Office, Ibn Chambas emphasised the need for all Nigerian stakeholders to eschew any form of discourse that could ignite tension and violence.

The envoy also urged the stakeholders to adhere to issue-based elections that would make Nigeria to succeed, expressing the hope that the country would overcome its challenges.

“I hope that Nigeria continues to set the pace in establishing the positive tradition that, as leaders, access to power or quest to retain or consolidate it, must never be stained with blood of any Nigerian.”

“Nigeria occupies a strategic position in West Africa, the African continent and indeed, globally. It is, therefore, crucial that Nigeria delivers credible, peaceful and fair elections in 2019, in a manner that improves upon the performance of 2015 elections.”

“Nigeria, as the `big brother`, has played a critical role in stabilising many parts of Africa and consolidating their democracy; therefore, Africa is looking up to you for leadership,” Chambas said.

He urged that all candidates and political parties be given a level playing field and treated with respect and fairness, saying that UN was looking forward to Nigeria’s 2019 elections with realistic optimism.

“I have equally expressed my concern that fewer women and youth candidates have been fielded by political parties than expected of Nigeria with a large number of women voters and enthusiastic youths, who are eager to take part in nation-building as responsible leaders,” he said.

Chambas assured Nigeria of the UN commitment to contributing toward violence-free and hitch-free  elections that would symbolise global best practices.

“The United Nations is committed to assisting with any measure that will enhance popular confidence in the electoral process,” he said.

The Director-General of NBC, Malam Is’haq Modibbo Kawu, advised broadcasters to assist in deepening the democratic culture by refusing to air narratives dangerous to the peace of the country.

Kawu said that over the past three years, NBC had been sensitising its licencees on the dangers associated with hate and dangerous speech.

“In 2016, we commissioned a team of Nigerian researchers to do an in-depth study of the place of hate and dangerous speech in the 2015 General Elections as well as the manner that the broadcast media became suborned into the controversial political circumstances of the last elections.”

“We had used the reports in gathering of broadcasters in Kaduna and Kano; just this week, we were in Lagos. Today’s gathering in Abuja is the final one, timed to bring critical stakeholders together on the eve of the 2019 General Elections,” Kawu said.